Islamic Republic of Iran's punishment code on Homosexuality

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.

Source : IRQO (former PGLO)

Etre gay en Iran (1/3). Reportage réalisé en février 2007 par CBC News

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