Case Number
CrimA 10828/03
Date Decided
7-28-2005
Decision Type
Appellate
Document Type
Full Opinion
Abstract
Facts: The appellant, a Bedouin, stabbed his sister to death. Initially, he said that the reason why he did this was that his sister, who was unmarried, intended to travel alone to Egypt, and this would dishonour the family. At his trial, the appellant testified that in addition his sister had made a statement questioning his paternity of his children. The appellant claimed that the killing of his sister was the result of provocation, and therefore he should be convicted of manslaughter rather than murder. Inter alia he argued that the court should take into account the fact that in Bedouin culture it was unacceptable for unmarried women to travel alone.
Held: No argument of ‘family honour’ as a motive for killing someone will be allowed by the court in Israel. The human dignity of the victim and the sanctity of life take precedence over family honour.
Appeal denied.
Keywords
Constitutional Law -- Basic Law: Human Dignity and Liberty, Criminal Law -- Offenses
Recommended Citation
Rubinstein, Elyakim; Naor, Miriam; and Adiel, Yonatan, "Najar v. State of Israel" (2005). Translated Opinions. 280.
https://larc.cardozo.yu.edu/iscp-opinions/280