Bariya and her family were informed that the sentence was to be carried out only the night before the whipping. Early the next morning a car was sent for Bariya. She was driven to Tsafe and whipped publically. Afterwards, humiliated, bruised, crying and in pain, she was left to make her way home alone. The first issue is that Bariya should not have been convicted at all, much less whipped.
Pregnancy is evidence of sexual intercourse.
It is not evidence of willing participation in sex. Pregnancy can result from rape and coerced sex. Considerable doubts were raised about Bariya Magazu's consent. Since the offence has such a serious punishment, Muslim law generally requires four witnesses to the act and willing consent. At no point were there any witnesses called by the court to testify that Bariya had sex willingly.