New Penal Code Mandates Death for Converts

The intimidation of Christians has been happening while parliament has been revising Iran's penal code whereby death for male converts will be mandatory. Articles 225-8 of the new code bluntly states that punishment for a male apostate is ‘death' and for a female it is life imprisonment - unless she re-cants. This code has special clauses for ‘parental' and ‘innate' apostates. The former have three days to recant; the latter none. Such details do nothing to hide the fundamental injustice of a law that seeks to ferociously punish its citizens for choosing their own religion.

Up to now the death sentence has been available as a punishment for apostasy from Islam in Iran, but individual judges could use their discretion. However the word used in this new legislation is ‘hadd' which means this is a fixed punishment that cannot be changed, reduced, or annulled.

The new Penal Code was approved in principal by the Iranian parliament on September 9th 2008, and is now being reviewed before it is sent back to parliament for the second round of voting by the majority conservative parliament. In final stage the Guardian Council will have to give its consent after which it will then become law.

Article 225 of this new penal code reads:

Article 225-1 Any Muslim who clearly announces that he/she has left Islam and declares blasphemy is an Apostate.

Article 225-2: Serious and earnest intention is the condition for certainty in apostasy. Therefore, if the accused claims that his/her statement had been made with reluctance or ignorance, or in error, or while drunk, or through a slip of the tongue or without understanding the meaning of the words, or repeating words of others; or his/her real intentions had been something else, he/she is not considered an apostate and his/her claim could be heard and justified.

Article 225-3: There are two kinds of apostates: innate (Fetri) and parental (Melli).

Article 225-4: Innate Apostate is someone whose parent (at least one) was a Muslim at the time of conception, and who declares him/herself a Muslim after the age of maturity, and leaves Islam afterwards.

Article 225-5: Parental Apostate is one whose parents (both) had been non-Muslims at the time of conception, and who has become a Muslim after the age of maturity, and later leaves Islam and returns to blasphemy.

Article 225-6: If someone has at least one Muslim parent at the time of conception but after the age of maturity, without pretending to be a Muslim, chooses blasphemy is considered a Parental Apostate.

Article 225-7: Punishment for an Innate Apostate is death.

Article 225-8: Punishment for a Parental Apostate is death, but after the final sentencing for three days he/she would be guided to the right path and encouraged to recant his/her belief and if he/she refused, the death penalty would be carried out.

Article 225-9: In the case of a Parental Apostate, whenever there appears to be a possibility of recanting, sufficient time would be provided.

Article 225-10: Punishment for women, whether Innate or Parental, is life imprisonment and during the sentence, under the guidance of the court, hardship will be exercised on her, and she will be guided to the right path and encouraged to recant, and if she recants she will be freed immediately.

Note: The condition of hardship will be determined according to the religious laws.

Article 225-11: Whoever claims to be a Prophet is sentenced to death, and any Muslim who invents a heresy in the religion and creates a sect based on that which is contrary to the obligations and necessities of Islam, is considered an apostate.

Article 225-12: Any Muslim who deals with witchcraft and promotes it as a profession or sect in the community is sentenced to death.

Article 225-13: Assistance to the crimes in this chapter, in case there is no other punishment assigned to it by law, is punishable by up to 74 lashes in proportion with the crime and the criminal.