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Iranian Law Regarding LGBT Issues

Iranian Law Regarding LGBT Issues

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Published by Gay Middle East

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Published by: Gay Middle East on Sep 07, 2011
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01/15/2013

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Iranian Law regarding LGBT issuesChapter One: The Hadd of Lavat
The Definition of LavatArticle 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 deathand 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 passivepartners 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 actedunder duress, receive up to 74 lashes of the whip.Article 113: Whenever a minor commits an act of congress [vati: i.e. whetherpenetrative 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 timesbefore 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, incontrol, has free will and [acts with] intention.Article 117: The hadd [crime] of lavat is proven by the witness of four just men whohave 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 provethe hadd [crime] of lavat.
 Article 120: The Shari‟a judge may rule [issue a verdict]
on the basis of theknowledge which he has acquired through generally accepted methods (i.e. hisdeductions and examinations).Article 121: The hadd [crime] of tafkhiz and similar acts between two men, withoutpenetration, 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 isMuslim the punishment for the active partner is death.Article 122: If tafkhiz and similar acts are repeated three times, and have each timeincurred the hadd punishment on the fourth offence the hadd (punishment) will bedeath.Article 123: If two men, unrelated to one another, lie, without necessity, naked underthe 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 upto 60 lashes of the whip.Article 125: If a man who has committed an act of sodomy (lavat) or the rubbing ofthighs (tafkhiz) or similar acts repents before witnesses have delivered theirtestimony he will not be subject to the hadd punishment. If the man repents after thetestimonies 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 isestablished 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 genitalcontact.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 eachparty.Article 130: The hadd crime of mosaheqeh may be proven in the case of those whoare mature, of sound mind, and who have acted with intention.Note: In the hadd crime of mosaheqeh there is no distinction between the active andpassive party or between Muslim and non-Muslim parties [to the act].

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