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Home »» Dialogues

And the story continuous


By Wafiner
 
And-the-story-continuous


 

Well, where should I start?

First, Thanks a lot for the active discussion that you had about this subject and to all of you who gave advices. They were taken seriously; especially the ones from Ahmed in LA. So the man now is safely stable in Mexico!!! (Just kidding!).

 

The person we are dealing with here is someone who believes in God and his justice (he appreciated the advice of reading sourate Youssef, I can see the link as well). He will never hide or run. He will fight for his innocence until the end. Even if his chances of winning is around 0.001%; other innocent people are in Jail as well; he won’t be the first or the last. However, one thing that shows how Allah SWT is so close to us is the fact that he was required to pay a bail of $150K within one week. Only with the help of Allah SWT that we were able to raise that kind of money during the weekend!!! Everyone who knew what was going on was sure 1000% that we could not do it, but we kept trying and it worked. You will tell me that you could just bought a bail bond for $15K his response was that is Riba and Riba is harram. Either we will raise the money or he will go to jail.  But Allah SWT was great and the money came from many people who we never expected they will give! Alhamdoulillah. It was very emotional when you see people (Men & Women) who gave all their savings to save this man, some of them did not even know this man they just heard of his story…

 

From another perspective, MOST of the witnesses are now ready to go and say what they know, but the Supreme Court case (criminal) was rescheduled again until April 2010!! So the trial won’t start until May or so… you think the witnesses will stick around and be available during the summer? Let’s just hope so for now!

 

In the mean time, you would want to know how the judges in Morocco decided on his divorce!! You probably will be surprised that they asked him to pay 50,000.00Dhs to get his divorce…. You will tell me how come, the guy lost his job, not legally able to work and has a debt of more than $150K and still the Moroccan court asked him to pay that much for divorcing his wife who lived with him for three month??? Well, two things: if you are in Morocco don’t be surprised and if you know that the father of his ex-wife is a big shot in Morocco. Then, I think you will understand better. Now, they are debating how much he has to pay for a child care… You can just imagine!! By the way, the judge knows that he has a court in the US and that the people paid his bail of $150K. Now, talk about a party and enjoying a divorce!  Will you still want to plan the party SueRabat!

 

One last thing about the other court, the appeal court, is that he could not find an attorney; they are very expensive!! It was either pay the attorney $5-10K or pay for the divorce. What would you choose?? In his case, it was just getting out of this marriage in paper!! Jail is a more acceptable option than marriage; in this case. So, he had to start learning about the law and learn how to defend himself in an appeal court which is not the easiest job in the world when in top of everything else that you have to deal with, you have a deadline that you have to meet to submit your response. We never know how that will go, but everyone is now ready for the worst!

 

Your prayers are the most important in this case; because only Allah SWT can save him. What I personally learned from this story is that no one is safe or exempts from problems and when you see others issues you do forget yours or at least you become thankful that you are not in their places. But when you are in the middle of the problem and you see that your hands are blocked and can’t do anything, think again and don’t forget that there is Allah SWT watching you and waiting for you to say: “Yarab!”

 

Now, sometimes I laugh at it and think that there is no way out of this problem and just accept what’s going to happen. I gave up on this person few times because I though to myself that there is no way he will win this case: he is young but his ex is younger, he is a Muslim and this is America, he has no solution and no help and his ex has all the support, he does not know how to cry in front of people and play weak after all what happened to him. He stayed strong and believing on Allah SWT, he was the one who gave us moral support when we were suppose to support him. Then I think again and say “Astagfer Allah” and try again! If we were able to pay the bail for him, with the help of Allah SWT and your prayers he will have a chance to win inchaAllah. That should be our aim and I don’t think we should give up on it! 

 

 

 

 

 

 

 







 
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ahmed in la : Thank you for the update; you could tell we were concerned and we had your party in our prayers.
I m impressed by the work that was done to gather the money; I wish you would extend the effort you made gathering bail to hiring an appeal attorney. Cases could be extremely hard to win and it would be
a futile effort if your party was to loose the appeal due to lack of diligence. Spare a little more money
for an attorney; please.
Your party s research and efforts might not rise up to the expectations of the process and the requirements.
The fact that the court of appeal case has been postponed is a blessing. Use the time wisely.
Yes you are right about the deadline on this level. Ask for continuances if you could not respond in a timely manner. Ask for self help clinics and legal aid foundations within you court of appeal. Ask for the services of pro bono attorneys. Ask local law schools if students and law scholars could use some real life experience helping your party.
Sentiments and feelings might not be considered in court of appeal. My impression is that matters of law, rules, procedures and evidence will matter. Some judges interpretation or discretion could take place. Judges are from the same pool of the American population that had convicted your party in the first place and Muslims are not liked much in courts despite the talk about lady justice being blind!
As much of a believer as you are, we would hate for ALMOUMINOU MOUSSAB to apply to you in this case, U.S. Jail;s are not your local Moroccan jails where family members could bring you LEHRIRA during Ramadan. Please weigh your option responsibly. Yes there are other Muslims in jail,
but no one tells you really what could happen in there. An infliction with a disease, a virus, an illness could doom you life. Believers might refer to the teaching or SURAT, LA TAL9OU BIANFOUSIKOUM ILA TTAHLOUKA!
Good luck.
 
alaouiy : It is a good and noble to raise money to bail out and pay for a lawyer. but It would be nice and important to let the reader an idea about the story of the charges again him.
 
mlk1hxr : Dear Alaouiy,
you can read the story and how it started in the earlier article: "How to prove one's innocence"
See the link
http://www.wafin.com/articles/389/How-to-prove-one's-innocence

good suggestion Ahmed LA. However, it is not obvious to keep raising funds for the same person. $150,000 is not an easy number to add more to that on top of 50,000Dhs for the divorce & the money needed for teh cost of living when you are not working... I can't imagine that they will be able to come up with such money! But good luck!

 
Alaouiy : I want to thank you for directing me to the real and full story of a Moroccan man accused of a wrong doing against his wife and the mother of his child. The charges seem serious despite his innocence until proven guilty in the court of law. In stories in this magnitude, one must read carefully, set back to think and try to see the whole picture without prejudging anyone before and after the fact.
Over all it is a typical story of young Moroccan man who come to the USA to work, study or both and one day he goes back to marry a girl from his native country, city and village with the goal to live and have a family in the USA. Down the road, the wife called the police and the man found himself accused of kidnapping his wife and having sex with against her well.
The wife has good reason or reasons for calling the police on her husband on first hand. The man could have acted inappropriately toward her before she dialed 911. Muslim men have the tendency to be control freaks toward this wives using Islam as justification for their insecurities which is the opposite of how the American society functions and how it deals with women in general.
Arab and Muslim women tend to talk and complaint to each other with regard the husbands’ mistreatments in a society that betray females as victims in most cases. Muslim men have problem comprehending these aspect of the way of life in the USA governed by the rule of law and the chance of corruption is unlikely. The police and the court system are one call away and any accusation is taken seriously.
I have no doubt in my mind the man fulfilled his obligation to marry his wife according the Moroccan and Muslim rules of marriage before taking her on honeymoon cross the kingdom followed by their trip to the USA and start a new life. I hope the man and his wife made their marriage official at the city hall of their city, parish or county in the goal to file for legal documents with the immigration authorities. Again, the accused had only H1 nonimmigrant visa which did not give him any legal avenue to help his wife stay in the USA. Clearly, the man demonstrated poor judgment and made wrong choices in bringing his wife to the USA knowing he has no chance helping her becoming legal in the country.
I am wondering on what ground the DA based his accusation of kidnapping and forcing a wife to have sex. If it is true, Is this a result of Muslim Mentality to force wives not to go anywhere without the husbands and if it is the women’s obligations to fulfill their husbands sexual desires without the possibility to say no when they do not fell like it.
My imagination could be wrong that the wife left her husband to stay with a friend or relative following an argument. He may chose to force her to come home against her will to perform her obligation to him like cooking, cleaning and having sexual intercourse with him. Under someone’s advice she called 911 to arrest him and to accuse him of kidnapping and of forcing the spouse unto sexual intercourse. If my theory is wrong, the woman never loved the man of had reasons not to be comfortable around her husband. If the woman was at fault, the man had the choice to leave her and move one with his life.

I am not going to betray the USA as perfect society without any prejudice against Muslims and Islam but I strongly believe it is not the reason behind the accusation brought against this man by his wife and DA in charge of the case. If the DA bases his or her accusation on the accused look, faith and how long is his bear, he or she would have a hard time convincing the 12 juries behind reasonable doubt another world there is no case and the man is innocent from the charge against him.
I took this opportunity to express my opinion with the spirit to pursue the truth in whatever side it is in a country that gives me the freedom of speech and gives this man the right to due process under the rule of laws. My other goal to give others in my community the chance to read, listen and learn any lesson to better ourselves and our relationships with spouses as full members of the American society that provide freedom of religion and the right to practice his or her faith freely. God bless us all.

 
sueRabat : In response to the previous article I wrote:
"Marriage is great, but if it does not work, divorce is the best. One should throw a party after they get a divorce from a nasty spouse. ....etc... if you can't Enjoy your marriage, then try to enjoy being divorced at least.
12/17/2009"

Frankly, I do not believe we were told the whole story. Until then, we cannot judge. I am sure only the 2 spouses know the truth, although they both or one of them may be in denial. Surely not even the jury will know the whole truth.
Jan6, 2010
 
ouledtetouan : just because the man is religious does not make him a sineless saint.Those are heavy duty charges ,let's not believe a lunatic wife woke up one day and decided to charge her husband with rape.This man also seems to have too many stops in his life caused by his extreme religious beliefs .I think he happened to be in the wrong country .If i was him i would have chosen Saudia Arabia ,or afghanistan 2 ideal countries for "Moslems"
One thing is certain ,he tried to control his wife ,it did not work.if she was happy with him ,why would she leaves?if she does not want to live life as he sees it ,she has the right to take off and live with dignity regardless of her beliefs.
 
ahmed in la : To Alaouiy and our friend, Accused,

You made a point which might hint to the reason for which the wife might have acted.
...the accused had only H1 visa which did not give him any legal avenue to help his wife stay in the USA.
...knowing he has no chance helping her becoming legal in the country.

You could be wrong in believing that the couple could not become legal in the U.S. Since H1, I believe, could result in a permanent legal status after 5 years and a continuous employment with the sponsoring employer. I also believe that the permanent status could extend to either spouse.
Regardless of what might have transpired, Accused might have had some bad judgments and could have acted with some foolishness, all of which we have no knowledge of, yet, it is my belief that if a spouse was to be under a certain threat or has been abused, that he or she could benefit from an immigration protection!
It is what had happened in this case and the wife in a U.S. Permanent resident now.
I would not doubt that some spouses needed this protection for obvious reasons, just as I would suspect other spouses resorting to this ruse to take advantage and insure a Green Card.
I also would not be surprised to what extent a souse would go to get the most of what he or she wants or what lies or misrepresentations would be concocted!
The wife might have opted to go the sure route, crying victim, rather than to wait for an uncertain future at the mercy of circumstances and the U.S immigration service.
I m also perplexed as to why an appeal was filed and whether it is the hatred, racism and bias of District attorneys to try to nail Accused!
I might have said previously that I would not be too optimistic or hopeful about the appeal, but I take it back, what I meant is that it would be hard to reverse a decision made in a lower court, which in this case might work in your favor.
I do not know if your case has been heard, submitted, tried or decided on, but please try to mention the immigration loop hole as a possible reason for the allegation.
I have also heard of a strange phrase as to a husband could not be accused of raping his wife!
I also know that certain acts could be considered sexual assault, that sodomy is illegal, etc...
Please remember the jokes about people representing themselves in court and the fact that even if you chance to prevail are good, that you could screw it up by not knowing how to act or what to say.
Even attorneys hire others to represent them.
Look into hiring special appearance attorneys or if you are in the North East, look up Ms. Oummih and see if she could represent you or recommend an attorney.
I recall the name of another young Moroccan attorney involved with the AMPA; look him up.
If you are disparate and could spare some legal fees, e-mail me and I will point to a possibility.
Our conversation off this forum would be private.
I also encourage you to create an e-mail on yahoo.com or hotmail.com for the purpose of receiving information; your identity will still be protected but you could benefit from some additional help.
Good luck.
MoroccanLA@earthlink.net
 
mlk1hxr : It is becoming more interesting with some of your comments:

First, the person in question is not the person writing the article. That’s prove that there is at least one other person who believes in him and trust that person.
Second, based on the article, there are witnesses that are willing to testify with him. I don’t see them going to the court to lie! The problem is how to get them to go to the court if the trial will be in early summer and most of us now that’s when we go to Morocco.
Third, it seems that he already won during one of the courts trials but the ex-wife filed for appeal and the person in question have to deal with that. The appeal court is not a joke. Without a good attorney it is hard to win; while he has none.
Fourth, how do you imagine this person would feels? After so many years living peacefully in America, once he got married (3 months), he is now facing jail, lost all his legal status and his whole career is up in the air? If you are not true “mouamin” devoted, what would you do, or have done differently?

For you, dear Alaouiy, how can you blame him for bringing his wife while he only has H-1 Visa? All my friends who have the H-1 visa got married and brought there wives. They are legal as soon as the husband is legal. What’s the problem with that picture? She probably knew about her status? In order to get her visa from the consulate in Morocco she had to go by herself and ask for that visa? Why is he to blame about that.
Girls in morocco don’t care what kind of visa they will get. They only care that they will come to the US. That’s the truth. No matter what would he have said to her, she would have said yes!!!!? I love you and I will go with you wherever you want to go. (Just get me the visa; she would not say that in public though) The difference in the case of my friends is that they knew the girls before they came to the US. They were “Friends” for many years. The wives loved their husbands, while in this case, I think, the ex may have used the guy to get to the US (let’s be honest, that would not be the first case. Just the damage here is fare beyond the normal stories of one of the partners once in the US, leave the other person to go and live with another one without going through the legal system. They just marry another person who would have US passport).

How about the legal system in Morocco?? Are you kidding me? The person in question has to face two different juridical systems?

Finally, if there is a child between them, how would that child feel? How would that child be raised? Who will be responsible for that child? How both of his parents about the child? Does the Moroccan court have the say on it or the US? Does anyone care about the child in all that? I hope so!
 
mlk1hxr : The other issue that I did not have a chance to expand on is the issue that even us (Moroccans) tie the fact of been religious to extremism or treating women badly. If, we as Muslims, say that about followers of the Islamic religion what should we expect from foreigners who have no idea about Islam except killing other innocent people and beating their wives so badly?

That is very scary even to think about it. Now, even if he have a jury who are Muslims (Moroccans per say) he still going to be stereotyped and accused before even the trial begin!!! What a case!!!

That’s the first time I am realizing this. It is a shame!
I know that Islam Protected women and gave them rights when they were killed just because they were born females. Islam is for the best relationship between the married couple, where respect and honesty is the key of their family success story. So, please, avoid the stereotyping and try not to relate Islam to violence. If the person in question is religious, it does not mean that he was violent with his wife. It only means that he fears God and will not treat any person, not even his wife, badly. Because if he did we should not call him a true Muslim! Islam is for good deeds and best code of conduct!
 
mamia00 : Well, it is what it is !!!!! but please i need to know which city is he from in Morocco because im willing to help him out big time if he is from Rabat.Please let me know.
 
mlk1hxr : what so special about Rbateen!!
Do you know a judge over there?
 
youness80 : Dear mamia00,

If you can help with anything please email:

justiceforjamal@gmail.com

Much appreciated!



 
sueRabat : ouletetouan: so Muslims must only live in Saudi Arabia or Afganistan? what is your religion??????? you sound so ignorant, in fact a biggot. 20,000 Americans become Muslims everyday, they practice Islam better than our ignorant people who just got their green Card. Wow Ignorance and biggotry has no borders. Funny to see a racist, moroccan biggot.
 
Total Comments:13   Showing: 1-13
 
 
 
Dialogues allows Moroccans and friends of Morocco to express their views on any current issue or situation that could spark a discussion among Wafiners. People from all walks of life are encouraged to submit their views. All submissions must be concise, addressed to a broad audience, and written in good, idiomatic English. Submit all articles to info@wafin.com.



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