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ÞÇäæä ãÌÇÒÇÊ ÇÓáÇãی
Islamic Republic of Iran's
punishment code on Homosexuality
Appendix
Complete Text of the
Iranian Law on Homosexuality
Part Two: The
Hadd of Lavat
Chapter One: The
Definition of Lavat
Article 108:
Lavat is an act of congress [vati] between males whether in
[the form of] penetration or of tafkhiz (the rubbing of thighs/of
the penis against thighs).
Article 109: Both
the active and passive partners to lavat are subject to the hadd
[punishment].
Article 110: The
hadd [punishment] for lavat where penetration has occurred
is death and the method of execution is at the discretion of the Sharia
judge.
Article 111:
Lavat is punishable by death so long as both the active and passive
partners are mature, of sound mind, and have acted of free will.
Article 112: If a
mature man commits an act of lavat with a minor the active partner
[i.e. mature man] will be executed and the passive partner will, unless he
has acted under duress, receive up to 74 lashes of the whip.
Article 113:
Whenever a minor commits an act of congress [vati: i.e. whether
penetrative or in the form of “tafkhiz or similar acts”] with
another minor [both] will receive up to 74 lashes unless one of them has
acted under duress.
Chapter Two: Methods of Proving Lavat
Article 114: The
hadd [crime] of lavat is proven by confession repeated four
times before a Sharia judge.
Article 115: Less
than four confessions do not incur the hadd [punishment] and the
person who confesses will be subject to a discretionary punishment [ta‘zir].
Article 116:
Confession is valid when the confessor is mature, of sound mind, in
control, has free will and [acts with] intention.
Article 117: The
hadd [crime] of lavat is proven by the witness of four just
men who have observed the act.
Article 118: The
hadd [crime] of lavat is not proven by the witness of fewer
than four just men and the witnesses will be subject the hadd
[punishment] for slander (qazaf).
Article 119: The
witness of women alone, or in conjunction with men, does not prove the
hadd [crime] of lavat.
Article 120: The
Shari’a judge may rule [issue a verdict] on the basis of the knowledge
which he has acquired through generally accepted methods (i.e. his
deductions and examinations).
Article 121: The
hadd [crime] of tafkhiz and similar acts between two men,
without penetration, will be punished by 100 lashes for each [party to the
act].
Note to Article
121: If the active partner is non-Muslim and the passive partner is Muslim
the punishment for the active partner is death.
Article 122: If
tafkhiz and similar acts are repeated three times, and have each time
incurred the hadd punishment on the fourth offence the hadd
(punishment) will be death.
Article 123: If
two men, unrelated to one another, lie, without necessity, naked under the
same cover, they will each be punished by up to 99 lashes of the whip.
Article 124: If a
man kisses another with lascivious intent they will be punished by up to
60 lashes of the whip.
Article 125: If a
man who has committed an act of sodomy (lavat) or the rubbing of
thighs (tafkhiz) or similar acts repents before witnesses have
delivered their testimony he will not be subject to the hadd
punishment. If the man repents after the testimonies have been delivered,
he will be subject to the hadd punishment.
Article
126: If sodomy (lavat) or the rubbing of thighs (tafkhiz) or
similar acts is established by confession, and the person who has
confessed subsequently repents, the judge may request the Vali-ye Amr [the
Supreme Leader] to exercise clemency.
Chapter Three:
Lesbianism (mosaheqeh)
Article 127:
Mosaheqeh is a same sex relationship between women with genital
contact.
Article 128: The
methods of proving mosaheqeh are the same as those for sodomy.
Article 129: The
hadd punishment for mosaheqeh is 100 lashes of the whip for
each party.
Article 130: The
hadd crime of mosaheqeh may be proven in the case of those
who are mature, of sound mind, and who have acted with intention.
Note: In the
hadd crime of mosaheqeh there is no distinction between the
active and passive party or between Muslim and non-Muslim parties [to the
act].
Article 131: If
mosaheqeh is repeated three times and the hadd has been carried
out on each occasion, the hadd punishment on the fourth occasion
will be death.
Article 132: If a
person who has committed an act of mosaheqeh repents before
witnesses have delivered their testimony she will not be subject to the
hadd punishment. If the person repents after the testimonies have been
delivered, she will be subject to the hadd punishment.
Article 133: If
the act of mosaheqeh is established by confession, and the person
who has confessed subsequently repents, the judge may request the Vali-ye
Amr [the Supreme Leader] to exercise clemency.
Article 134: If
two women, who are unrelated to one another, lie, without necessity, naked
under the same cover, they will each be punished by less than 100 lashes
of the whip. If the act is repeated and the ta‘zir punishment is in
each case administered, on the third occasion the hadd punishment
of 100 lashes will be incurred.
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