African Woman Acquitted in Marriage Contract Forgery Case After Court Confirms Validity

Manama: The High Criminal Court of Appeal has overturned a three-year prison sentence and deportation order issued against an African woman accused of forging a marriage contract with a Gulf national. The court ruled to acquit her after confirming the contract’s validity and determining that she lacked criminal intent.

The court found that the marriage had indeed taken place, supported by witness testimony and statements from the plaintiff himself. It was further established that the woman signed the marriage contract in her own handwriting while the plaintiff was present, during their joint visit to her country’s embassy to authenticate the document. The contract’s content and details were confirmed to be accurate.

Earlier in the proceedings, lawyer Zahraa Masoud, on behalf of lawyer Mona Zein El-Din, submitted a memorandum arguing that the case lacked the essential elements of forgery. She emphasised that the marriage was consensual and that the husband himself had initiated the process at the embassy. The defence requested that the embassy provide official documentation to verify his presence and confirm his acknowledgement of the marriage.

The case began when the Gulf national reported the woman for allegedly stealing belongings from his residence. He claimed she later presented a forged marriage contract in an attempt to prove their marriage and the paternity of a child. A forensic report concluded that both signatures on the contract were written by the accused, which initially led to her conviction.

On appeal, however, the woman insisted that the marriage was legitimate and that she signed in both signature fields without attempting to imitate the husband’s handwriting. The court noted that Sharia courts handle matters related to the validity of marriage, while criminal courts are responsible for deciding forgery cases.

In its reasoning, the court stressed that forgery requires criminal intent, something not supported by the evidence. The plaintiff’s initial report described the woman as his 'ex-wife', which implicitly acknowledged the marriage. Additionally, a neighbour testified that the two lived together, consistent with the details in the contract. Embassy documents further proved that the plaintiff accompanied the accused when the contract was authenticated.

The forensic report confirmed that the woman did not attempt to mimic the husband’s signature, reinforcing the lack of any intent to deceive. The court concluded that the contract reflected the real nature of their relationship and that the accused believed she was acting lawfully.

Based on these findings, the Court of Appeal accepted the appeal in both form and substance, set aside the initial judgment, and acquitted the woman of all charges.