A Fresh appeal Could be made to the Supreme Judicial Council in Saudi Arabia.
First of all I would like to express gratitude to His Excellency Mahida Rajapakshe, The President of Sri lanka who has sought the intervention of the Custodian of two Holy Mosques King Abdullah Bin Abdul Azeez with his plea for clemency for Rizana Nafik who has been subjected to the death penalty in the Kingdom of Saudi Arabia.
In latest developments the President has further stepped up efforts by instructing the Ministry of Foreign Affairs to make all necessary formalities to send a high level delegation to Saudi Arabia to hold negotiations with the parents of the diseased infant seeking amnesty even against a penalty which his government is prepared to pay.
As scholar in Islamic Shari’ah law and former Consul General in Saudi Arabia I would like to bring to the concerned authorities here in Sri lanka as well as in Saudi Arabia that an appeal could be made to the Supreme Judicial Council of Saudi Arabia to review the verdict issued on Rizana Nafik by the Supreme Court of Saudi Arabia based on article 173 of the code of Saudi Arabian legal proceedings.
Islamic Shari’ah Law that has been implemented in Saudi Arabia by the above article of legal proceedings paves the way accuse or litigants to make such an appeal for a revision of even a final Judgment pronounced by the appeals court, court of cassation or Supreme courts based on one or more of the eight reasons specified by the article 192 of the legal proceedings act.
The first reason of those eight specified by the article 192 above is : Any such documents based on which the judgment was made found to be forged after the final judgment was pronounced.
We are aware of the fact that no death penalty is given to a person below 17 years as per the Saudi Shari’ah Law.
After going through the books of Shari’ah law implemented in Saudi Arabia, I personally consulted few leading Law firms in Saudi Arabia to this effect.
Rizana Nafeek in her statement has said that her actual Date of Birth is 02.02.1988, that means when she went to Saudi Arabia on 01 April 2005, ("I arrived at Saudi Arabia on 2005.04.01 as my first visit. I was employed at the residence of my Saudi Madam for a period of 1 ½ months."), she was just 17 years and two months only. She further said, "The sub agent called Bajurdeen deceitfully changed my date of birth as 02.02.1982 and issued me a passport whereas my actual date of birth is 02.02.1988."
There should have been some evidences in the form of documents to substantiate her statement. She must have provided acceptable documents to the Dawdami High Court as she had ample of time to do so between her arrest on 25 May 2005 and on the submission of the new statement on 03 February 2007.
I assure the President of Sri lanka and the authorities concerned that I could appear on behalf of Rizana Nafik before the supreme court of Saudi Arabia by making an appeal to review her case citing one or more reasons specified in the said article 192 of Saudi Legal Proceedings to bring Rizana Nafik back home safely Insha Allah (Gods Grace)
I herby would like to request His Excellency Mahinda Rajapakshe to order an impartial probe on all those who found to be responsible in sending and recruiting an underage child send as House Maid to Saudi Arabia by forging several documents such as identity card, Birth certificate and the passport to substantiate her plea for the revision of Judgment.
I further would like to remind the authorities concerned Rizana Nafeek is now suffering from loss of memory and she is said to be insane. Actions have been taken about her serious mental condition called medically Schizophrenia which causes constant hallucination, and suppose to result in her being induced unconsciously to commit suicide.
Further I assure my fullest –voluntary- co-operation in any effort initiated by the government of Sri lanka including holding a negotiation with the parents of the diseased infant and their tribal leaders in my capacity as an Islamic Sharia Scholar as well as Arabic Language.
I make a humble request to the Ministry of Foreign Affairs and The Sri Lanka Bureau of Foreign Employment to appoint Graduates specialized in Arabic Language as Welfare Officers , Secretaries and Clerks In Arab Countries with a well studied recruitment process through examining the merits and skills in the best interest of the nation.
I also would like to emphasize that the Sri lankan government has signed bilateral agreements with Saudi Arabia with regard to the migrant workers knowing that Islamic Shari’ah Law is strictly implemented in Saudi Arabia; It is absurd to satisfy so-called international lobbying groups against Saudi Shari’ah Law for petty political mileage specially chanting slogans and marching towards the Western Missions in Colombo actions detrimental to the efforts being taken by the government of Sri Lanka.
Last but not the least, there should be drastic reforms and change with regard to the existing mechanisms to safe-guard the well fare of the migrant workers abroad specially enacting provisions for allocations to meet the legal expenditures also introducing such an enhanced insurance scheme that protects our citizens abroad.
I also urge the authorities as a former diplomat to expedite the implementation safe-guards and privileges proposed in Mahind Chinthanaya in full at the earliest.
Dr. As-Sheik Inamullh Masihudeen Naleemi PhD
Islamic Sharia Scholar – Lecturer in Arabic Language,
03: Sucharitha Mawatha, Colombo 12