Oppression of Women: Punishments for Adultery, Lesbianism, and Abortion

  • warning: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead in /home/khazelton/iran.elple.net/includes/unicode.inc on line 345.
  • warning: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead in /home/khazelton/iran.elple.net/includes/unicode.inc on line 345.
  • warning: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead in /home/khazelton/iran.elple.net/includes/unicode.inc on line 345.
  • warning: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead in /home/khazelton/iran.elple.net/includes/unicode.inc on line 345.
  • warning: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead in /home/khazelton/iran.elple.net/includes/unicode.inc on line 345.
  • warning: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead in /home/khazelton/iran.elple.net/includes/unicode.inc on line 345.
As outlined in the Islamic Penal Code of Iran
Book 2: Haads [punishments specified in Shari’a]

Chapter 1: Definition of Adultery

Article 63: Adultery is the act of intercourse, including anal intercourse, between a man and a woman who are forbidden to each other, unless the act is committed unwittingly.

Article 64: Adultery shall be punishable (subject to hadd [a punishment that it's degree and type is not specified by Shari'a law]) when the adulterer or the adulteress is of age, sane, in control of his or her action and cognizant of the illicit nature of his or her act.

Article 65: Only the adulterer or the adulteress who is cognizant of the illicit nature of his or her act shall be punished for adultery.

Article 66: If either the adulterer or the adulteress claims ignorance of law or fact, he or she shall not be punished for adultery if his or her claim is presumed to have prima facie validity, even if no witnesses to verify said claim are produced.

Article 67: If either the adulterer or the adulteress claims to have been under duress while committing the act of adultery, he or she shall not be punished if his or her claim is not otherwise clearly disproved.


Chapter 2: Ways to Prove Adultery in Court

Article 68: If a man or a woman repeats his or her confession of adultery four lashes before the judge, he or she shall receive the designated punishment, but if he or she repeats his or her confession fewer than four lashes, the punishment shall be at the judge’s discretion.

Article 73: Pregnancy of an unmarried woman shall not by itself be the cause of punishment unless relevant evidence, as defined in this code, proves that she has committed the act of adultery.

Article 74: Adultery, whether punishable by flogging or stoning, may be proven by the testimony of four just men or that of three just men and two just women.

Article 75: If adultery is punishable only by flogging it can be proven by the testimony of two just men and four just women.

Article 76: The testimony of women alone or in conjunction with the testimony of only one just man shall not prove adultery but it shall constitute false accusation which is a punishable act.

Article 81: If the adulterer or the adulteress repents prior to confessing to the act of adultery, he or she shall not be punished (subject to hadd). If, however, he or she repents following his or her confession the punishment for adultery shall apply.


Chapter 3: Types of Punishments for Adultery

Article 82: The penalty for adultery in the following cases shall be death, regardless of the age or marital status of the culprit: (1) Adultery with one’s consanguineous relatives (close blood relatives forbidden to each other by religious law); (2) Adultery with one’s stepmother in which the adulterer’s punishment shall be death; (3) Adultery between a non-Muslim man and a Muslim woman, in which case the adulterer (non-Muslim man) shall receive the death penalty; (4) Forcible rape, in which case the rapist shall receive the death penalty.

Article 83: Adultery in the following cases shall be punishable by stoning: (1) Adultery by a married man who is wedded to a permanent wife with whom he has had intercourse and may have intercourse when he so desires; (2) Adultery of a married woman with an adult man provided the woman is permanently married and has had intercourse with her husband and is able to do so again. Note. Adultery of a married woman with a minor is punishable by flogging.

Article 84: Old married adulterers and adulteresses shall be flogged before being stoned.

Article 85: Revocable divorce shall not relieve the husband or wife from the bond of marriage during the waiting period whereas irrevocable divorce shall do so.

Article 86: Adultery of a permanently married man or a permanently married woman who does not have access to his or her spouse, due to travel, incarceration or similar impediments, shall not require stoning.

Article 88: The punishment for an unmarried adulterer or adulteress shall be one hundred lashes.

Article 90: If a man or a woman has committed the act of adultery several lashes and has been punished after each act, he or she shall be put to death following his or her fourth act of adultery.

Article 91: An adulteress shall not be punished while pregnant or in menstruation or when, following birth and in the absence of a guardian, the newborn’s life is in danger. If, however, the newborn becomes the ward of a guardian the punishment shall be carried out.

Article 92: If the flogging of a pregnant woman or a woman nursing her child poses risks to the unborn or to the child respectively, the execution of the punishment shall be delayed until the said risk is no longer present.

Article 93: If an ailing woman or a woman in menstruation has been condemned to death or stoning, the punishment shall be carried out. If, however, she is condemned to flogging, the punishment shall be delayed until she is recovered or her menstruation period is over.


Part 3: Lesbianism

Article 127: Mosaheqeh (lesbianism) is homosexuality of women by genitals.

Article 128: The ways of proving lesbianism in court are the same by which the homosexuality (of men) is proved [Article 117: the testimony of four righteous men who might have observed it; Article 120: the judge acting from his own knowledge]

Article 129: Punishment for lesbianism is hundred (100) lashes for each party.

Article 130: Punishment for lesbianism will be established vis-a -vis someone who is mature, of sound mind, has free will and intention. Note: In the punishment for lesbianism there will be no distinction between the doer and the subject as well as a Muslim or non-Muslim.

Article 131: If the act of lesbianism is repeated three lashes and punishment is enforced each time, death sentence will be issued the fourth time.

Article 132: If a lesbian repents before the giving of testimony by the witnesses, the punishment will be quashed; if she does so after the giving of testimony, the punishment will not be quashed.

Article 133: If the act of lesbianism is proved by the confession of the doer and she repents accordingly, the Sharia judge may request the leader (ValieAmr) to pardon her.

Article 134: If two women not related by consanguinity stand naked under one cover without necessity, they will be punished to less than hundred (100) lashes (Ta’azir [the degree and and type of punishment is to be decided by the judge]). In case of its repetition as well as the repetition of punishment, hundred (100) lashes will be hit the third time.


Book 4: Diyet (Blood Money)

Part 12: Blood Money for Abortion

Article 487: Section 6. Blood money for the aborted fetus which has taken in the human spirit shall be paid in full if it is male, one-half if it is female, and three-quarters if its gender is in doubt.

Article 488: If the fetus is destroyed as a result of its mother’s murder its blood money shall be added to the blood money of its mother.

Article 489: If a woman aborts her fetus at any stage of pregnancy she shall pay its full blood money and no share of the blood money shall go to her.

Article 490: Separate blood monies shall be paid for each aborted fetus if more than one is involved in an abortion.

Article 491: Blood money for loss of limb of, or injuries to, the fetus shall be proportionate to its full blood money.

Article 492: The blood money for the aborted fetus in cases involving deliberate intent shall be paid by the culprit, otherwise by the fetus’s next of kin.