The Criminal Court has ruled that there is no obstacle to issuing the death penalty even in the absence of testimony from two male witnesses or a personal confession, interpreting the article in the Evidence Act that previously appeared to mandate such requirements for proving offenses punishable by death.

Article 140(c) of the Evidence Act states that, with the exception of adultery, other offenses for which a Hadd (prescribed punishment) or Qisas (death penalty) is determined in Islam can only be proven if the testimony of two male witnesses or a personal confession is obtained. This specific provision had previously raised concerns among some legal experts regarding its restrictive nature.

The issue came to light during the case of Mohamed Samah of Suvaasage, K. Kaashidhoo, who was convicted of attacking and killing a police officer in Kaashidhoo in 2012. Doubts were raised as to whether the death penalty could be applied under Article 140(c) since neither the testimony of two male witnesses nor a personal confession was available.

However, the state argued in court that this provision was inconsistent with Islamic Shariah.

In the verdict delivered by the Criminal Court last Thursday, it was stated that it is not reasonable to conclude that the intent of the Evidence Act is to prohibit the death penalty if two male witnesses are not available. The verdict reasoned that the Supreme Court had previously decided that the testimony of men and women is equal in murder cases under Islamic Shariah, and that according to the Penal Code and the Evidence Act, the death penalty can be issued if a crime is proven beyond all reasonable doubt.

Furthermore, the verdict noted that since Islam is the religion of the Maldivian state and Article 10 of the Constitution prohibits the enactment of any law contrary to the tenets of Islam, the intent of a law should not be interpreted as abandoning a Shariah principle regarding the implementation of the death penalty.

"There is no basis to consider that Article 140(c) presents an obstacle to upholding Shariah principles in proving an offense punishable by Qisas, as it is not consistent to interpret it as a definitive requirement that such an offense cannot be proven without the testimony of two male witnesses, nor should it be assumed that the spirit of a law is to abandon a Shariah principle related to proving a crime," the verdict stated.

Samah was sentenced to death last week after being found guilty of the intentional murder of the officer in that case.