The official records of the Government of Sudan indicates that the real name of the lady mentioned in this case as Mariam Ibrahim is actually ‘ Abrar Elhadi Muhammad Abdallah Abugadeen’ and there is no official record shows that her name was changed to Mariam Ibrahim Yahia. Abrar was born in um Shagrah in Algadarif state on Jan. Ist. 1986 to Muslim Sudanese parents and the claim that the mother is an Orthodox Christian from Ethiopia is untrue.
I will just say that I do not trust anything that the Government of Sudan says is, or is not, the case. How many times have governments hidden things, destroyed evidence, etc in order to save face. Every government in the world has done it. Where is the proof that what Meriam, and her supporters, say is untrue.
There was no Government agency behind the case; rather her immediate family had reported their daughter as missing, later and after she was found and claimed that she is Christian, the family filed a case of apostasy against her.
I once believed this to be the one true statement. It had been shown that Meriam’s family reported her as missing. When they found out that she was living with a man, they filed adultery charges. Once they discovered that she was married to a Christian man, they filed an additional charge of apostasy. The crux of this is whether or not she was born a Christian or a Muslim. The family says she is Muslim. She says she was raised Christian.
However, what we once thought was true has been proven wrong, again. Meriam’s legal team spoke out about how their witnesses were barred from testifying because they were Christian. The legal marriage license and birth certificate, as well as evidence proving who Meriam’s mother was, were disregarded. Also, the three family members aren’t even real family members. Meriam’s lawyers believe they are targeting her in order to try and claim ownership of her business.
Even if you took all that away, she is a Christian now. She married a Christian man. They have two children that they want to raise to be Christian. This is not a reason to condemn someone to death. And having marital relations with a person you are married to is definitely not adultery.
The ruling of the judge was made at the primary court after hearing all parties involved since February 2014, and it is subject to be implemented in at least two years if confirmed by three levels of courts which are: Appeal Court, Supreme Court and finally the Constitutional Court. The Judiciary System in Sudan is independent, and the Sudanese Judges are qualified and dignified.
First, despite the fact that the marriage was performed in a church by a legitimate priest, the judge claimed that her marriage was invalid. This invalidation caused her to be in adulteress in the eyes of the law. I find this incredulous. It is like telling your child to brush their teeth. When they do, you tell them that they have to go to time out because they brushed their teeth with a blue brush instead of a pink one.
Second, where is the proof of the allegations the family laid upon Meriam? It seems that it is someone’s word against someone else’s word. So why take the side of the family over Meriam, her husband, and their supporters? Could it be because the family is Muslim and Meriam is not? According to the Constitution, all parties’ words are equal.
Right to equality
21. All people are equal before the courts of law. Sudanese are equal in rights and duties as regards to functions of public life; and there shall be no discrimination only by reason of race, sex or religious creed.
So, if all are equal before the court, where is the evidence saying that Meriam’s assertions are untrue? Her legal team provided evidence that Meriam’s assertions were true. They attempted to bring witnesses, but they were not allowed to testify.
Third, the judiciary is not the main issue here. The laws of the land are. The Constitution of Sudan, Human Rights, and Sharia Law are all at odds with each other. Before we can even discuss the quality of the courts, we have to discuss the laws of the land.
As mentioned in part 1 of this series, Meriam has rights guaranteed to her by the Sudanese Constitution that allow her the freedom of religion and the freedom to marry whomever she pleases. So how can she be in court for these very things? The answer lies in the society of Sudan.
President Omar al-Bashir stated, right after South Sudan’s secession, that he was going to impose a 100% Islamic state. “The official religion will be Islam and Islamic law the main source.” This is reflected in Article 126 of the 1991 Criminal Act, which, in line with Sharia law, states that apostasy from Islam, is punishable by death. President al-Bashir has pushed Sharia law in his country. He continually bombs Christian areas in order to drive them out. His government targets Christians by raiding churches, confiscating Bibles and religious materials, and other such means (Voice of the Martyrs. Restricted Nations: Sudan)
In addition to this, the Criminal Code of 1991 has been written in accordance with Sharia law, not the Constitution. Therefore, in cases like this one, conflict between the law of the land and law enforcement come to a head. Instead of resolving the issue, the Criminal Code takes precedence. So unless Meriam’s lawyers can convince an appellate court that the Constitution should take precedence over the Criminal Code, her conviction will stand.
In Sudan, you have a Constitution, but it is secondary to the Criminal Code (which is in itself Sharia law). This is evidenced, not only by President al-Bashir’s own words, but by witnesses, both local and foreign, to the atrocities committed daily. These issues have to be dealt with before anyone can ascertain the quality of the courts.
For full rebuttal, go to http://followldm.blogspot.com