Tuesday, April 16, 2024 03:06 PM
A 15-year aggravated prison sentence was issued by the Cairo Criminal Court against Uber driver The accused of trying to kidnap Habiba Al-Shamaa, “Shorouk Girl.” During the trial session and before the ruling was issued, the accused demanded the use of “HideousTo prove his innocence in front of everyone, Al-Youm Al-Sabea explains in the following points whether it is possible to use “Al-Shashaa” in the Egyptian courts.
“return the origins”Hideous“To the Bedouin community, in the Hijaz and the Arabian Peninsula, it is particularly known in the Sinai, Ismailia, and Sharqia governorates as a means of customary arbitration between disputes, in which the “mubsha” or arbitrator uses fire to decide on a matter over which two parties disagree, or to prove the truth or falsity of a person, where it is necessary He has to lick with his tongue a piece of metal heated in the fire, and he believes that if he is telling the truth, the fire will not affect him, and if he is lying, the metal will cauterize his tongue. He called it hideous because of the ugliness and difficulty of the situation in which the accused is standing.
The hideousness was mentioned in many traditional books, including the book The Levant Clans by Ahmed Wasfi Zakaria, who said that in the past, when all evidentiary evidence to prove the criminal was exhausted, the judge decided to send the accused to a man from the Sufi orders such as the Rifa’iyyah and others like them called him (al-Mubsha’), and this man would come with a rod. A wide piece of iron, and he protects it with fire in the presence of the plaintiff or his representative until it reaches the maximum level of heat. He wipes the accused’s tongue with it quickly and tactfully, then immediately gives him a drink of water. If damage occurs to his tongue, the arsonist declares that the person who licked the fire is a criminal, and if no damage occurs, he declares him innocent. If the accused absents himself from the atrocity or refuses to attend, he is considered guilty.
Hideous hearing procedures
Before the start of the heinous session, each of the two parties to the dispute must appoint a guarantor to commit to the parties the rights resulting from the confirmation or denial of the accusation against the defendant, provided that these are peaceful solutions, such as the plaintiff accepting blood money in the event that the murder charge is proven.
Before the accused licks the hideous thing, he must stick out his tongue for the audience so that they can make sure that he did not put anything on his tongue to protect it. Then the mubasher “Mahamas” extends to him the coffee that has been heated in the fire and licks it 3 times. After that, the mubasher gives him a little water to rinse it with, then he sticks out his tongue. For people to see him and notice as soon as any trace of fire appeared on him, otherwise he would be innocent.
Sharia ruling on ugliness
As for the Sharia’s view of heinousness, the Egyptian Fatwa House had previously made it clear, via its official page on the social networking site “Facebook,” and the Fatwa House said: “Heinousness has no basis in Sharia law in proving the accusations or identifying the perpetrator, and dealing with it is forbidden, because of what it contains.” Harm and torture, and because of the indulgence in falsehood under the pretext of proving the truth, but we must work according to the legal methods that the Sharia has prescribed for us, whether by compromise or litigation, guided by the words of the Prophet, may God’s prayers and peace be upon him and his family: “The proof is upon the one who claims, and the oath is upon the one who denies his narration.” “Al-Daraqutni” .
Habiba Al-Shamaa died on March 14 as a result of her injuries after jumping from an Uber driver’s car. The Public Prosecution ordered that the accused of attempting to kidnap the victim, Habiba Al-Shamaa, be referred to the competent criminal court. To punish him on charges of attempting to kidnap her by force, possession of narcotic cannabis essence in circumstances other than those authorized by law, and driving a motor vehicle while under the influence of that drug. Today, the first session of his trial began.
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