In the case of the murder of a youth in Male' 15 years ago which saw Ibrahim Shahum Adam be sentenced to death, the debate regarding whether the death penalty can be imposed without witness statements from two men has concluded, with the Supreme Court bringing the case hearings to an end.
In April 2011, Ahsan Basheer, Varudheege, S. Hithadhoo was stabbed and murdered with a sharp object near the junction of Majeedhee Magu and Alikilegefaanu Magu, with Shahum being sentenced to death by the High Court in 2021.
During today's hearing held at the request from the prosecution to the Supreme Court to ascertain the validity of the sentence, the prosecution initially answered that Article 140 (c) of the Evidence Act states the death penalty can only be imposed with two witness statements from men or if someone confesses, with the judge's bench raising questions regarding the matter.
According to the prosecution, there is a difference of opinion among scholars of Islam regarding the amount of evidence required to impose the death penalty onto someone in a murder case that has moved to Sharia law. The prosecution said previous convictions from the Supreme Court can serve as a precedent where priority should be given to protecting the reality of Islam, and when looking at the case within that basis, the witness statements from two men are not required.
As per the prosecution, previous cases from the Supreme Court have seen the use of evidence to sentence someone to death. The prosecution also said the situation is still the same.
And so, the prosecution said that even though Article 140 (c) of the Evidence Act states as such, the death penalty can be imposed without two witness statements from men or if someone confesses if the case is built upon other pieces of evidence.
The prosecution went on to say that there are conflicts in Article 140 (c), Article 141 and Article 142. However, the prosecution agrees they did not request that Article 140 (c) be voided.
Nevertheless, Shahum's lawyer stated the prosecution failed to mention how Article 140 (c) of the Evidence Act states the death penalty can only be imposed with two witness statements from men or if someone's confession conflicts with Islamic Sharia law. The lawyer said in the instance this is clearly stated in the law, the validity of the article must be maintained just as other articles in the law are.
As the death penalty is the highest form of punishment, Shahum's lawyer said determining a strict standard in the law in proving such a crime is something that can be done.
The lawyer continued by stating the death penalty was imposed on Shahum in violation of the standard to prove such a crime. However, the prosecution requests the conviction be upheld.
Today's hearing came to an end after it was announced the sentence hearing would be next if there were no further questions.
The case is being heard by a five-judge bench of the Supreme Court, presided over by Judge Dr. Mohamed Ibrahim. The bench also includes Judge Aisha Shujune Mohamed, Judge Ali Rasheed Hussain, Judge Abdulla Hameed, and Judge Mohamed Saleem.
This case is the first time a dying declaration has been accepted as evidence.
In this case, the state also charged Hassan Shimaz Mohamed Suvad, Ma. Venusthari, alongside Shahum; the High Court has sentenced him to 15 years in prison.
Prior to this death sentence, Shahum had also been convicted and sentenced to life imprisonment for a 2010 murder during a confrontation at a football ground near the Maafannu Youth Centre.
