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October 17, 2005

France: Algerian Imam Advocating Wife-Bashing. The Court Report

We brought you earlier the case of the deported French Imam who approves of wife-beating, in cases of adultery. Today, Le Monde discussed his court cases, and I have spent some time trying to translate. French legal phrasings are, like most legalese confusing, and I hope I am accurate. But here goes. But first - a picture of the Imam, taken last year:




On Fiday 14 October the court of appeal in Lyon, the Salifist imam Abdelkader Bouziane, deported to Algeria in April 2004, was sentenced to a six months suspended prison sentence and to 2000 euros fine on the charge that he had maintained, in April 2004, in the monthly Lyon Mag "To beat one's wife, it is authorised by the Koran, but under certain conditions." which he specifically declared. The magistrates had been more severe than the general counsel, who had requested, on Sept 16, a "significant fine".

In the first case, the 21 June, the former Imam of Venissieux had been released by the Correctional Tribunal at Lyon from the charges of "provocation not followed to the effect of committment of an involuntary attack upon any person's physical integrity", an offense punishable with five years imprisonment.

In a long-deliberated judgement, the magistrates had found that the Imam had been content to express himself "in so far as the imam had an ideological intent" and which he had limited himelf to that which was dictated by religion within the Koran, which calls for chastisements in relation to a wife's adultery.

The tribunal had considered that it didn't fall to them to pronounce on "a text, or a commentary upon the Koran". Without going as far as talking of distortion, the magistrates had noted that the authenticity of his retold account had been debatable.

Annulling this judgement, the court of appeal estimated that "Abdelkader Bouziane had not expressed himself as he maintained by reference to the Koran." To support the ruling, they held not to the published account, but consulted the decryption of the cassette of the interview. The judges all ruled that the monthly had not distorted the context of the issues, picking up that the reference to the Koran had been introduced by the author of the article. For them, the imam had "freely developed these issues under the authorisation given to men to beat their wives without bringing up on this point its interdiction under French law." The magistrates concluded that he had "intentionally directly provoked the carrying out of the offence of willing violence(s)."

Distortions
This decree does not lift doubts on the origin of this affair. The ruling has demonstrated a very strong distortion between the issues held and the issues reported. In the published interview, the magazine had said that the imam approved of the stoning of women. To have held these views, Abdelkader Bouziane had been put on trial for "apology of a crime", but he had finally benefitted by not being present at this point and not being brought back for actual punishment.

The same cassette of the interview had shown that the Imam, who expressed himself in very poor French, had not at any moment responded directly to the question "Are you for the stoning of women?" The journalist had cut and pasted the replies to gain this shock impact. The procedure had not been missed by the examining magistrate.

Posted by Giraldus Cambrensis at October 17, 2005 3:37 PM

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