Menunjukkan bahwa interpretasi shariah itu belum baku dan masih
tergantung si penafsir.  Kemudian juga terlihat bahwa shariah tidak
mengikuti perkembangan nilai2 kemanusiaan seperti perlunya
perlindungan bagi wanita dan anak2 karena posisi mereka yg relatif
lebih lemah.

Mungkin bagi pendukung shariah itu dianjurkan supaya lengkapi dulu
pekerjaan rumahnya sehingga pemahamannya tidak bertentangan dengan HAM.

--- In wanita-muslimah@yahoogroups.com, "Ambon" <[EMAIL PROTECTED]> wrote:
>
> http://www.ipsnews.net/news.asp?idnews=34930
> 
> 
> 
> DEATH PENALTY:
> No One Too Young in Iran
> Kimia Sanati
> 
> 
> TEHRAN, Sep 28 (IPS) - In Iran it is difficult to figure out when a
person is considered an adult. According to Article 49 of the Islamic
Penal Code the age of legal responsibility is nine years for girls and
15 for boys. Youngsters of both sexes, however, have to wait until
they are 16 to vote in elections, and 18 to open a bank account, get a
driver's license, or sell property in their names.
> 
> They can be hanged at any age. 
> 
> A girl known only as Nazanin, 17, turned herself in to police six
months ago after she stabbed and killed one of three assailants who
she says were trying to attack her and her 14-year-old niece. Nazanin
was found guilty of murder and sentenced to death. She has appealed
the verdict, Etemad Melli newspaper reported on Aug. 31. 
> 
> In September, the same newspaper reported the execution of a youth,
Sattar, in Tehran's Evin prison. He had killed a young man when he was
17, in a brawl over a public telephone booth. 
> 
> Sattar was not hanged until he turned 18, but that has not stopped
international bodies and human rights organisations within and outside
Iran from condemning the Islamic state for the practice. 
> 
> "Iran is the only country which still executed minors in 2005,"
Piers Bannister, coordinater of the death penalty team at Amnesty
International in London, told IPS by telephone. 
> 
> "The international community has recognised that children are
special and require special attention," Bannister added. "The world is
united on this matter." 
> 
> As a signatory of the Convention on the Rights of the Child and the
International Convention on Civil and Political Rights, Iran has
agreed not to execute anyone for offences committed when they were
under the age of 18. But it has repeatedly ignored the conventions. 
> 
> Since 1990, Amnesty International has documented 19 prisoners who
were children at the time of their alleged crimes yet have been hanged. 
> 
> Groups like the UN Child Rights Committee, Amnesty and Hands Off
Cain, among others, have called on Iran to abolish the death sentence
for children. To mask their deed, these groups charge, the Tehran
government typically postpones the execution until the prisoner is 18,
or lies about the prisoner's age. 
> 
> Rights groups also charge that Iran, which is the second only to
China in the frequency of executions, also tends to sentence women to
death for sex offences, whereas men are more likely to face lashings
because, according to Shari'a law, men can have many temporary wives. 
> 
> "Boys are at least luckier to be legally responsible only from the
age of 15. But can you imagine a 10-year-old girl being sentenced to
death for sex which usually comes in the form of rape at first, and
goes on because the child is not able to fully comprehend the
situation and is scared to tell anyone? Or an 11-year-old girl being
hanged for killing someone?" a women's rights activist, wishing not to
be named, told IPS. 
> 
> In 2004, Atefeh Sahaaleh Rajabi was hastily tried and hanged in Neka
in northern Iran. Her case drew international attention because she
had no access to legal counsel. Although court documents said she had
been 22 at the time of her hanging, her birth certificate and her
father's identity information later proved she was only 16. 
> 
> Sahaaleh was found guilty by the state of having unlawful sex four
times. Human rights activists, however, say the girl suffered
psychological problems and was repeatedly raped by a 51-year-old man,
according to an Amnesty International report and a BBC documentary.
She was hanged. He was sentenced to 100 lashes. 
> 
> "The judge who tried her didn't take that into account, and when she
appealed, the Supreme Court upheld the sentence anyway. Atefeh's
family sued the judge after she was hanged but he has been acquitted,"
Nasrin Sotoudeh, a lawyer and children's rights activist, told IPS. 
> 
> Since Sahaaleh was hanged, Amnesty International has documented at
least nine more children executed by the state. In addition, Kaveh
Habibnezhad, 14, died after being flogged. The boy had been caught
eating in public during the month of fasting, a social worker from a
state-run juvenile correction facility told IPS on the condition of
anonymity. 
> 
> Iran's Shari'a-based law conflicts with international law.
International law does not allow executions for sex-related crimes.
Shari'a does. In sex-related cases, even if there are no private
plaintiffs, defendants are still prosecuted by the state, which acts
as the guardian of public morals. When a defendant confesses to a
crime or when the sufficient number of witnesses prescribed by Islamic
law testifiy to the act, the sentences are automatic. 
> 
> When Iran's reformist Parliament tried to raise the age of marriage
to 18 for both sexes a few years ago, the move was vetoed three times
by the six-member clerical Guardian Council. The Council must give the
final authorisation to parliament legislation, ascertaining that laws
conform to Shari'a. 
> 
> Parliament was insistent, and the case was referred to a higher body
with legislative powers, the Expediency Council, set up to arbitrate
between the two bodies. Eighteen months later, the Expediency Council
finally raised the age of marriage for girls to 13 after much
deliberation. 
> 
> Homicide and sex-related offences, such as incest, adultery,
prostitution or homosexuality, are the leading crimes for which adults
and minors alike can be sentenced to death. Rarely, death sentences
are meted out for drug-related charges. In a murder case, the family
of the victim has 'blood rights' under Shari'a laws. This gives them a
choice between asking for diye (blood money) or qisas (retribution by
killing). 
> 
> "The family of the murderer can pay compensation to the family of
the victim in lieu of execution. The murderer then walks free. The
rich can get away with murder, the poor die," Bannister said. If the
victim's family waives its right to qisas, the defendant still must
serve a 10-year sentence for the public side of the offence. 
> 
> Zhila and Bakhtiar Izadyar, a brother and sister from western city
of Marivan, were found guilty of incest when their baby was born in
2004. The children had been turned in to the police by their disgraced
father. Information on their case is also scarce, but according to
newspaper reports, the court that tried them sentenced Zhila to death
and her brother to jail and lashes. 
> 
> Campaigns to save her life and international pressure led Judiciary
Chief Ayatollah Shahroudi to interfere in the case. In absence of
private plaintiffs, he used his authority to reduce the sentence to
lashes, which she received shortly before her child was born. 
> 
> "The head of the Judiciary has expressly told UNICEF (UN Children's
Fund) people here that if defendants sentenced to death for homicide
send their cases to him after the final legal stages are taken, he
would stop the sentence from being carried out," a lawyer not wishing
to be named told IPS. 
> 
> Shahroudi has in the past intervened in at least one other case
involving a juvenile. 
> 
> The Judiciary head, however, cannot pardon a person found guilty of
homicide -- even if that person is a child. 
> 
> "He can only keep the cases in a pending state meanwhile, so the
relevant laws need to change to put an end to this," the lawyer said.
(END/2006) 
> 
> 
> [Non-text portions of this message have been removed]
>







=======================
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