Iranian Criminal Code

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The Islamic Penal Law (Persian[1]: قانون مجازات اسلامی) of Iran was approved by the Islamic Consultative Assembly on 30 July 1991 and ratified by the High Expediency Council on 28 November 1991[2][3]. In 2007 a draft for a new penal code was published[4] which led to criticism by Western countries[5], especially for its section on apostasy, heresy, and witchcraft.

Contents

[edit] Stoning

Article 102 of the Law of Houdod states the penalty for adultery under Article 83 of the penal code, called the Law of Hodoud is flogging (100 lashes of the whip) for unmarried male and female offenders. Married offenders may be punished by stoning regardless of their gender, but the method laid down for a man involves his burial up to his waist, and for a woman up to her neck[citation needed]

Article 104 of the Law of Hodoud provides that the stones should not be so large that a person dies after being hit with two of them, nor so small as to be defined as pebbles, but must cause severe injury. This makes it clear that the purpose of stoning is to inflict grievous pain on the victim, in a process leading to his or her slow death.[citation needed]

However stoning is not applied in practice in Iran and the punishments may be replaced by equivalent imprisonment.[citation needed] Adultery needs to be confirmed by four independent observers (witnesses or shahed). In other words the punishment is for "adultery performed in public". Again replacement law allows the judges to replace the punishment with equivalent imprisonment.

Ayatollah Gholamreza Rezvani is a diehard advocate of stoning. However his personal opinion is not notable as he has no position in Iran's Judiciary system. In December 2002, Ayatollah Hashemi Shahroudi, the Head of Judiciary ordered a ban on the practice of stoning[6]. Despite this, in May 2006, a woman and man in Mashhad were stoned anyway[7].

[edit] Sharia as law

Not all laws must be written in the legal code of Iran since by law the Constitution doesn't supplant sharia.

Article 167 of [Rule of Law for Judiciary]reads in part "The judge is bound to endeavor to judge each case on the basis of the codified law. In case of the absence of any such law, he has to deliver his judgment on the basis of authoritative Islamic sources and authentic fatwas."[citation needed] Therefore, sharia must be used by the Islamic clergy where needed.

[edit] See also

[edit] References

  1. ^ http://www.dadkhahi.net/law/Ghavanin/Ghavanin_Jazaee/gh_mojazat_eslami.htm (Persian)
  2. ^ Freedomhouse.org: Islamic Penal Code of Iran
  3. ^ Iranian Penal Code.doc
  4. ^ http://www.dadkhahi.net/law/Ghavanin/Ghavanin_Jazaee/layehe_gh_mojazat_eslami.htm (Persian); cf. http://grieboskireport.blogspot.com/2008/02/draft-islamic-penal-code-legislates.html (English)
  5. ^ EU: http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/cfsp/98930.pdf
  6. ^ http://www.unhcr.org/home/RSDCOI/4157d10a4.pdf
  7. ^ PA 061117

[edit] External links

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