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Analyses Islamic Punishment in Iranian Islamic Criminal Code

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Analyses Islamic punishment

In

Iranian Islamic criminal code

Author: EHSAN ZARROKH

LLM OF ISLAMIC LAW

ZARROKH2007@YAHOO.COM

Abstract

I think criminal code is so important than other legal code because criminal law relevance to people life, honor and property so I think if you want scrutiny develop of society you must note to its criminal law & penal procedure. Iranian Islamic criminal law based on FIGH; so I explain some articles that exactly based on SHARI’A rules.

I try to state cause of Islamic rules and state roots of them with reference to KORAN, SUNNAH (stories of Islam messenger “MOHAMMAD”).

Here I say about “Rape, incest, adultery, Sodomy, Lesbianism, Pimping, Sexual Malicious Accusations, Intoxication, Civil Unrest (warfare and corruption on earth), Theft, Retaliated Punishments as Dead Penalty, Retaliated Punishments to Body Organs, Definition of Blood Money(mulct), Blood money for Murder, Liability for Blood Money, Causing a Crime, Blood Money for Body Organs, Blood Money for Abortion and …”.

Legislator in Article 12: There are five types of punishments: a) HAAD; b) GHESAS; c) DIYAT; d) TA’ZIRAT, e) DETERRENT PUNISHMENTS. Consider punishment.

3-1) HAAD

Under Article 13: HAAD is a punishment that its degree and type is not been specified in the SHAR’A.

HAAD divided into:

Rape [(sexual intercourse take by force) & incest (sexual intercourse with intimate woman) ZINA]

Sodomy [(anal intercourse) LAVAT]

Lesbianism [(female homosexuality) MOSAHEGHEH]

Pimping [manage a prostitution business (GHAVVADI)]

Sexual Malicious Accusations (GHAZF)

Intoxication [drunkenness (MASTI)]

Civil Unrest [warfare and corruption on earth (MOHAREBEH VA EFSADE FEL ARZ)]

Theft [robbery (SERGHAT E HAADDI)]

Rape & adultery & incest

Under Islamic criminal law we have three kinds of sexual relation: 1) rape: physically force another person to have sexual intercourse 2) incest: sexual intercourse with intimate woman like mother, sister… 3) adultery: sexual intercourse that adulterer & adulteress have wife or husband.

For make easier, in this article I don’t tell between them; in Article 64:” Adultery shall be punishable (subject to HAAD) 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.” Legislator define ZINA; Ways to prove adultery in court are: 1) confession this way state in 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.” 2) Testimony this way state in 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.” And Article 75: “If adultery is punishable only by flogging it can be proven by the testimony of

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