Analyses Islamic Punishment in Iranian Islamic Criminal Code

Analyses Islamic punishmentand at free will.
InB) Testimony of two just man.
Iranian Islamic criminal codeNote 1: testimony of people who have been
Author: EHSAN ZARROKHattacked by the MOHAREBSAND such testimonies
LLM OF ISLAMIC LAWwhich are in support of each other aren't acceptable.
AbstractNote 2: if out of some people who have been
I think criminal code is so important than other legalattacked by the MOHAREBS, some testify that no
code because criminal law relevance to people life,harm was done to them, their testimonies will be
honor and property so I think if you want scrutinyaccepted [as opposed to testimonies] of other.
develop of society you must note to its criminal lawPenance for MOHAREBEH and corruption on earth
& penal procedure. Iranian Islamic criminal law basedPenance for MOHAREBEH state in article 190, this
on FIGH; so I explain some articles that exactlyarticle state: "penance for MOHAREBEH and
based on SHARI'A rules.corruption on earth is one of the following four
I try to state cause of Islamic rules and state rootsthings:
of them with reference to KORAN, SUNNAH (stories1) execution
of Islam messenger "MOHAMMAD").2) he/she shouldn't remain crucified for more than
Here I say about "Rape, incest, adultery, Sodomy,three days, but if he/she dies within three days, he
Lesbianism, Pimping, Sexual Malicious Accusations,she can be taken down [from the cross]
Intoxication, Civil Unrest (warfare and corruption on3) if he/she remains alive after three days [he/she]
earth), Theft, Retaliated Punishments as Deadshould not be killed
Penalty, Retaliated Punishments to Body Organs,4) banishment"
Definition of Blood Money(mulct), Blood money forUnder Islamic law judge has the discretion of
Murder, Liability for Blood Money, Causing a Crime,choosing one of the above four penance whether
Blood Money for Body Organs, Blood Money forthat has killed or injured someone or has taken
Abortion and …".someone's property or has committed none of these.
Legislator in Article 12: There are five types ofArticle 195: crucifixion of a MOHAREB will be
punishments: a) HAAD; b) GHESAS; c) DIYAT; d)executed as follows: [I.e. if crucifixion is the sentence,
TA'ZIRAT, e) DETERRENT PUNISHMENTS. Considerexecuting it will be as follows].
punishment.A) method of tying doesn't kill him/her
3-1) HAADB) He/she should not remain crucified for more than
Under Article 13: HAAD is a punishment that itsthree days, but if he/she dies within three days, he
degree and type is not been specified in the SHAR'A.she can be taken down [from the cross].
HAAD divided into:C) If he/she remains alive after three days shouldn't
Rape [(sexual intercourse take by force) & incestbe killed.
(sexual intercourse with intimate woman) ZINA]D) Amputation of right hand and left leg will be by
Sodomy [(anal intercourse) LAVAT]the same method as it is for "penance of theft".
Lesbianism [(female homosexuality) MOSAHEGHEH]Theft (SERGHAT E HADDI)
Pimping [manage a prostitution businessTheft and conditions for come off it and ways of
(GHAVVADI)]prove state with legislator in seven articles.
Sexual Malicious Accusations (GHAZF)Define of theft state in article 197:"theft is stealing
Intoxication [drunkenness (MASTI)]someone else's property secretly. "
Civil Unrest [warfare and corruption on earthCondition of theft state in article 198: 1) the owner
(MOHAREBEH VA EFSADE FEL ARZ)]has placed the property in enclosure [secure place]; I
Theft [robbery (SERGHAT E HAADDI)]must say owner himself/herself not his/her proxy, 2)
Rape & adultery & incestthe theft either individually or in association with
Under Islamic criminal law we have three kinds ofsome-one else has broken the enclosure [secure
sexual relation: 1) rape: physically force anotherplace]; this bond means if (a) broken the enclosure
person to have sexual intercourse 2) incest: sexualand (b) steal property this isn't theft with hard
intercourse with intimate woman like mother,punishment(SERGHAT'E'HADDI) but it can be another
sister… 3) adultery: sexual intercourse thattype of theft (SERGHAT'E'TA'EZIRI); [there are two
adulterer & adulteress have wife or husband.type of theft under Islamic criminal law theft, has
For make easier, in this article I don't tell betweenthese conditions called (SERGHAT 'E' HADDI) and
them; in Article 64:" Adultery shall be punishableother type is theft that hasn't these conditions called
(subject to HAAD) when the adulterer or the(SERGHAT 'E' TA'ZIRI).
adulteress is of age, sane, in control of his or herEnclosure is a place where the property in placed in
action and cognizant of the illicit nature of his or herorder to be secure from theft.
act." Legislator define ZINA; Ways to prove adultery3) The theft is not the father of the owner. This
in court are: 1) confession this way state in Article 68:bond issue from story of Islamic messenger
"If a man or a woman repeats his or her confession(MOHAMMAD) and he said "you and your property
of adultery four lashes before the judge, he or shebelong to your father." According this story if father
shall receive the designated punishment, but if he oror parentally grandfather steals their children property
she repeats his or her confession fewer than fourthey don't condemn to punishment of "SERGHAT 'E'
lashes, the punishment shall be at the judge'sHADDI".
discretion." 2) Testimony this way state in Article 74:Ways of prove
"Adultery, whether punishable by flogging or stoning,The theft which will result in penance will be proven
may be proven by the testimony of four just menby one of the following ways:
or that of three just men and two just women." AndA) Testimony of two just men
Article 75: "If adultery is punishable only by flogging itB) Two confession pf thefts to the judge provided
can be proven by the testimony of two just menthe confessor is mature, sane, free and purposeful.
and four just women." Also I must say according toC) Knowledge of judge.
Article 76: "The testimony of women alone or inNote: if the confession to the judge is made once by
conjunction with the testimony of only one just manthe thief, the thief should return the property to its
shall not prove adultery but it shall constitute falseowner but he will not be penance.
accusation which is a punishable act." the testimonyThe punishment for theft is as follows: [under article
of women alone or in conjunction with the testimony201]
of only one just man shall not prove adultery,A) On the first occasion amputation of the full length
because Islamic jurisconsult say women areof four fingers of the right hand of the thief in such
sentiment and they can think well so can't accepta manner that the thumb and palm of the hand
their testimony with out men in important cases andremain.
in these cases their problem in think eliminate withB) On the second occasion amputation of the left
increase their number for testimony, so two womanfoot in such a manner that half of the sole and part
are equal with a man.of the place of anointing [during ablution] remain.
Types of Punishments for Adultery state in 8 articlesC) On the third occasion [the punishment] is life
so I statement and explain them. Article 82: Theimprisonment.
penalty for adultery in the following cases shall beD) On the fourth occasion [the punishment] is
death, regardless of the age or marital status of theexecution even though [the fourth] theft was
culprit: (1) Adultery with one's consanguineouscommitted in prison.
relatives (close blood relatives forbidden to eachNote 1: prior to the execution of the punishment,
other by religious law); (2) Adultery with one'smultiple thefts will be considered as one theft [I.e. if
stepmother in which the adulterer's punishment shallthe previous thefts have not been punished they will
be death; (3) Adultery between a non-Muslim manbe disregarded and only the current theft will be
and a Muslim woman, in which case the adultererpunished.
(non-Muslim man) shall receive the death penalty; (4)Article 202) if the fingers of the theft's hand are
Forcible rape, in which case the rapist shall receiveamputated and after the execution of the
the death penalty.punishment, it is proven that he had previously
Article 83: Adultery in the following cases shall becommitted a theft, his/her left foot will be
punishable by stoning: (1) Adultery by a married manamputated.
who is wedded to a permanent wife with whom heThis sentence issue from KORAN, jurisconsults says
has had intercourse and may have intercourse whenbecause most of thefts occur with hand and the
he so desires; (2) Adultery of a married woman withbest way for prevent theft if amputate hand and
an adult man provided the woman is permanentlybecause most of people do most their works with
married and has had intercourse with her husbandright hand so Islam said amputate it.
and is able to do so again. Note: adultery of marriedGHESAS [Retaliated Punishments]
woman with a minor is punishable by flogging.Article 204: homicide [or murder] is divided into three
I must say adultery of married woman with an insanecategories: premeditated, unpremeditated, accidental.
man is punishable by stoning;In premeditated, murderer has intention to makes an
But adultery of married man with an insane woman isaction which is inherently lethal and intention to kill.
punishable by flogging; here we see differenceBut in Islamic criminal code where the murderer
between men and women, Islamic jurisconsult say ifintends to kill a specific person or a non-specific
woman adultery with insane man, because the man isperson from a group whether his action is inherently
adult may inseminate her so her punished her bylethal or not but the action result in murder, or where
stoning; but I think just way is one punishment forthe murderer doesn't intend to kill and his/her action
man and woman. Article 84: Old married adulterersisn't inherently lethal to the person [who is murdered]
and adulteresses shall be flogged before beingbecause of [the murdered person's] condition such as
stoned.illness, disability, old age, childhood and the like, and
Article 87: if a married man commits adultery prior tomurderer aware of these conditions.
consummation [sexual intercourse], he will beIn unpremeditated murderer has murderer has
sentenced to penance by lashes, shaving his hair andintention to makes an action which is inherently lethal
banishment for one year. But marriage enough forbut doesn't have intention to kill.
woman, doesn't need to intercourse and theyIn accidental murderer doesn't have intention to
condemn to stoning.makes an action which is inherently lethal and
Article 88: The punishment for an unmarried adultererintention to kill.
or adulteress shall be one hundred lashes.According to article 205 premeditated murders will
Article 90: If a man or a woman has committed theresult in retaliation (GHESAS) but for retaliation need
act of adultery several lashes and has been punishedsome condition 1) murderer and slain must be Muslim
after each act, he or she shall be put to deathbecause Muslim doesn't retaliation for non-Muslim 2) if
following his or her fourth act of adultery.a Muslim man premeditatedly murders a Muslim
Article 94: if there is no hope for the recovery ofwoman, he will be sentenced to retaliation, but prior
the sick persons and the judge deems it appropriateto retaliation the heir of the slain woman should pay
for penance to be executed, a bunch of twigs orhalf the mulct (blood money) of the man to him;
scourges consisting of one hundred scourges orbecause under article 300 "the mulct for a murdered
twigs will be struck only once to the body of theMuslim woman is half of the mulct for a Muslim man
condemned, although not all of the twigs or scourgesno matter if the murder is premeditated or
may strike the body.unpremeditated." Reason for this article and
I must say under Islamic criminal law it called ZEGHS.difference inconspicuous but jurisconsults say
Article 95: if a person who is condemned to penancebecause men supply expenditure family so his blood
becomes an apostate [a born Muslim who changesmoney must twice of woman blood money; but I
his/her religious] or insane, the penance will not behave objection to their logic, A) their reasoning is
valid.authentic when women don't work out of home,
Quality of Punishmentnow in Iran we see so much women that they
Article 100: The flogging of an adulterer shall besuperintend their family B) if we accept this reasoning
carried out while he is standing upright and his bodywe must suffice to unpremeditated as this logic is
bare except for his genitals. The lashes shall strike allagainst principle; altogether I think this article is
parts of his body-- except his face, head andagainst human rights and justice because KORAN said
genitals-- with full force. The adulteress shall be"there is life in retaliation" and this condition cause
flogged while she is seated and her clothing tightlymost of murderer don't retaliation as most of Iranian
bound to her body.family can' pay half of men blood money and prefer
Article 102: The stoning of an adulterer or adulteressto take her blood money.
shall be carried out while each is placed in a hole and3) If murder is slain father he doesn't sentenced to
covered with soil, he up to his waist and she up to aretaliation article 220"a father or paternal grandfather
line above her breasts.who kills his child will not be retaliated and will be
Jurisconsult says about reason of this article, thatsentenced to mulct of murder which should be paid
because woman breasts are salient she must placedto the inheritors of the murdered" reason of this
in a hole and covered with soil up to her breasts; butsentence that I said about theft "story of Islam
I must say just way is both of them placed in a holemessenger (MOHAMMAD) he said you and your
up to their breasts.property belong to your father"; this isn't reasonable
Article 103: if during stoning the stoned person fleescause for legislation and conflict with Islamic doctrine,
from the pit and his/her adultery was proven by hisIslamic doctrine say children are present of GOD and
her confession, he/she will not be returned to the pit.don't belong to parents, also in KORAN we don't see
But if his/her adultery was proven by the testifyingany order about this; if we accept this order we
of the witnesses, he/she will be returned to the pitmust say children belong to their mothers not fathers
for the stoning to be executed.so this order must state for mothers.
Note: if person who is sentenced to lashes flees, heAltogether order like this cause some father kill their
she will be returned for execution of the penancechildren especially girls, [we see instance of this in
[whether the adultery was proven by his/herKHOZESTAN (a state located south of Iran)].
confession or testimony of witnesses].Under article 222 if a sane person murders an insane
Article 104: the stone shouldn't be big enough to killperson he/she will not be retaliated; this article says
the person by one or two strike, neither should it beanother condition: wisdom.
so small that it can't called a stone.If several Muslim men kill a Muslim man the heir of
Cause of legislation of this article is suffered of guilty.the slain must pay their blood money to retaliation all
Sodomyof them or only retaliation one of them.
Article 108: Sodomy is sexual intercourse with a male.I must say under article 211 "reluctance to commit
Article 109: In case of sodomy both the active andmurder or committing murder on the order of
the passive persons will be condemned to itsanother person isn't a license to commit murder; and
punishment.murderer condemn to retaliation; and who has
Article 110: Punishment for sodomy is killing; theordered the murder or who has forced the murder
SHARI'A judge decides on how to carry out theto be committed will be sentences to life
killing.imprisonment."
Killing define in FIGH as kill with sword; throw ofWays to Prove Murder in Court
mountain, demolish wall on guilty and burn this oneArticle 231 say "methods of proving murder in the
may attach to others.court are:
Article 112: If a mature man of sound mind commitsA) confession
sexual intercourse with an immature person, the doerB) testimony
will be killed and the passive one will be subject toC) compurgation
TA'ZIR of 74 lashes if not under duress.D) judge's own knowledge
Article 113: If an immature person commits sexualArticle 232 states: by confessing to premeditated
intercourse with another immature person, both ofmurder, the premeditated murder is proven; even
them will be subject to TA'ZIR of 74 lashes unlessthe confession is made once.
one of them was under duress. Articles 112 and 113Article 237 state: (1) First degree murder shall be
are most wondrous that child punished if theyproven by testimony of two just men; (2) Evidence
commit sodomy whereas article 49 state "minors, iffor second-degree murder or manslaughter shall
committing an offence, are exempted from criminalconsist in the testimony of two just men, or that of
responsibility. Their correction is the responsibility ofone just man and two just women, or the testimony
their guardians or, if the court decides by a centerof one just man and the sworn testimony of the
for correction of minors."accuser.
Ways of proving sodomy in courtArticle 239 state: if due to some indications or by
Confessing and testimony these ways state in twoanother means such as testimony of one witness,
articles:presence of a person with traces of offence at the
Article 114: By confessing four lashes to havingscene of crime, presence of murdered at the
committed sodomy, punishment isresidence or place of frequent of person, testimony
Established against the one making the confession.of trustworthy discerning child, or the like, the judge
Article 117: Sodomy is proved by the testimony ofsuspect that the accuses has committed the crime,
four righteous men who might have observed it.this [suspicion] will be of the cases of doubt.
Article 119: Testimony of women alone or togetherIn case of doubt, first-degree murder may be
with a man does not prove sodomy.proved by the sworn testimony of 50 men who
Crimes dependent to sodomymust be sanguineous relatives of the claimant. If the
Article 121: Punishment for TAFKHIZ (the rubbing ofnumber of the sworn testimonies does not reach 50,
the thighs or buttocks) and the like committed byany of the male testifiers may repeat his oath as
two men without entry, shall be hundred lashes formany lashes as it is necessary to constitute 50
each of them.testimonies. If the claimant cannot present any of his
Article 122: If TAFKHIZ the like are repeated threesanguineous male relatives to provide sworn
lashes without entry and punishment is enforcedtestimony in support of his or her claim, the claimant
after each time, the punishment for the fourth timemay repeat the sworn testimony 50 lashes, even if
would be death.she is a woman. The claimant [in the case of murder]
Article 123: If two men not related by blood standmay be either a man or a woman but in either case
naked under one cover without any necessity, bothhe or she must be one of the victim's inheritors.
of them will be subject to TA'ZIR of up to 99 lashes.Under Islamic criminal law if prior to dying, the
Article 124: If someone kisses another with lust, hemurdered person remits the murderer from
will be subject to TA'ZIR of 60 lashes.retaliation, retaliation will be null and the heirs of the
Lesbianism (MOSAHEGHEH)murdered person can't ask for retaliation; but Islamic
Article 127: MOSAHEGHEH (lesbianism) islaw doesn't determine are they can ask blood money
homosexuality of women by genitals.or not? I think because this is premeditated and
Article 128: The ways of proving lesbianism in courtunder article 205 its punishment is retaliation; then
are the same by which the homosexuality (of men)murdered remits murderer his/her heirs can ask blood
is proved.money.
Article 129: Punishment for lesbianism is hundred (100)Retaliation of limb
lashes for each party.Premeditated mayhem or injury of limb will result in
Article 131: If the act of lesbianism is repeated threeretaliation, and unpremeditated and accidental
lashes and punishment is enforced each time, deathmayhem will punished by blood money.
sentence will be issued the fourth time.In retaliation for limb other than the condition
Article 134: If two women not related byaforesaid of life: A) limbs are equally healthy (unless
consanguinity stand naked under one cover withouteyes: the healthy eye will be retaliated for unhealthy
necessity, they will be punished to less than hundredone) B) limbs are equally genuine [not artificial] C)
(100) lashes (TA'ZIR). In case of its repetition as wellequality in location of injured or cut of limb (unless
as the repetition of punishment, hundred (100) lasheshand) D) retaliation doesn't result in death or detect
will be hit the third time.of another limb E) retaliation doesn't exceed the
These articles define lesbianism and its condition andcrime.
ways of prove it in the court.I must say according to article 273: in retaliation for
But there is one grotesque article about provelimb, men and women are equal and a male offender
lesbianism legislator state in Article 128: The ways ofwill be sentenced to retaliation for the same limb as
proving lesbianism in court are the same by which thehe has defected from a woman unless the mulct for
homosexuality (of men) is proved, when this crimethe defected limb is one third or more than one third
only committed with female and their testimony can'tof full mulct (means men mulct not women) in which
prove it how prove it???!!!case in order to retaliation, the woman should pay
Pimping (GHAVVADI)the mulct of the limb to the man.
Article 135: Pimping means that someone brings twoThis article is Incomprehensible; perhaps women pain
individuals together or puts them in contact with eachfor injury is half of men.
other for fornication or homosexuality.Altogether Iranian Islamic rules about retaliation need
Article 136: Pimping is proved by two confessions ifto change and adjustment with humanity.
the confessor is mature; of sound mind has free willMulct (DIYAH)
and intention.Article 294 defines mulct it says: mulct is property
Article 137: Pimping is proved by the testimony ofwhich should be paid to a victim of murder or his/her
two righteous men.heirs and a victim of injury.
Article 138: Punishment of a man for pimping isResponsibility of paying the mulct
seventy (70) lashes and exile from the place of (his)In premeditated an unpremeditated murders, the
domicile for a period of 3 months up to one year andmurderer is responsible for paying the mulct and in
punishment of pimping by a woman is seventy fiveaccidental murders, if the murder was proven either
(75) lashes only.by evidence, compurgation [oath taking] or
Difference between man & women in this articleknowledge of the judge, the paternal relative
emanate than Islamic order about women that they(A'GHELEH) with the exception of women [of the
must stay at home and doesn't visited in society somurderer] is responsible for paying the mulct, but if
Islamic legislator try to contemplate it.the murder is proven by the confession of the
Sexual Malicious Accusations (GHAZF)murderer doesn't compurgation or doesn't take oath
Article 139: GHAZF (malicious accusation) means that[he/she] is responsible to pay the mulct.
someone associates fornication or sodomy with aA'GHELEH this term has no English equivalent but
certain person.refers to the person who is responsible for payment
Article 140: Punishment for GHAZF (maliciousof mulct, other than the criminal. It has been defined
accusation) is 80 lashes for a man or woman.as "paternal relative with the exception of woman"
Note: execution of penance for false accusation isthroughout this translation] is defined as paternal
subject to the request of the accusedrelatives with the exception of woman who are
Article 146: false accusation will result penance if theregarded as inheritors of a person. These people are
accuser [i.e. the person who accuses] is mature, saneequally responsible for the payment of mulct.
at liberty and intensive and the accused is alsoUnder article 315: if two people are accusing of having
mature, sane, Muslim and righteous. If the accusercommitted a crime Ana each one accuses the other
and accused don't have one of these conditions,one of having committed the crime, and it can be
penance for false accusation will not be provenproven which one was the murderer, one of them
[should have been false accusation will not beshould pay the mulct by drawing lots.
proven]Perhaps you think this isn't square order, but I
Article 147: if a discerning minor falsely accusesevidence this is a square order, according to
another person, by the decision of the judge he/shesupposition state in this article we sure one of these
will be subject to corrective measurement. If atwo people is murderer, perhaps you think its better
mature and sane person falsely accuses a minor or awe divided mulct into both of them; but I say when
non-Muslim he/she will be sentenced to up towe take mulct than both of them certainly we
seventy four lashes.punished innocent person but when we drawing lots
Article 149: if a person falsely accuses his/herwe punished one of them and its probable he/she is
relatives, he/she will be penance.guilty or innocent; so this way is next to be justice.
Note: if a father or parental grandfather falselyCause of responsibility
accuses his son or grandson, he will receiveA) Conduction means: committing a crime directly by
punishment according to the TA'ZIR [up to seventythe criminal.
for lashes].B) Cause means: when a medical doctor, even if it is
Articles 153: false accusation will be proven by twoa skilled one, treats [a patient] directly or orders the
confessions or by the testimony of two just men.treatment to be made, even if the treatment is done
Article 157: if a person falsely accuses other peoplewith the permission of the patient or [his/her]
on several occasions and he/she is penance afterguardian and the treatment result in loss of life or
each occasion, on the fourth occasion he/she will becauses a defect, that medical doctor is responsible
executed.and hence should pay for the damage.
Article 164: the right or request for execution ofImportant note is: any crimes causing complete or
penance will be transferred to all heirs except wife orpartial loss of mind don't result in retaliation and
husband. Every one of the heirs can request for thealways punished by mulct.
execution of penance, although the rest of the heirsThe amount of mulct for loss sense is determine by
have pardoned [the accused].legislator but the amount of mulct for loss of sense
Intoxication (MASTI)of taste is decided by judge, that called "A'RSH".
Intoxication means altering of one's mental or physicalIf some one shoots bullet or things similar it to men
state usually as a result of ingesting some substance;he/she must pay 2600 us dollar as mulct (2007/3/25)
of euphoria, exhilaration; poisoning; under Islamicbut if he/she shoots to woman his/her punishment
criminal law intoxication punished by HAAD.determine with judge (A'RSH); really this one hasn't
Ways of proveany reason and certainly against humanity.
Article 168: if a person confesses twice toMulct for abortion
consumption of intoxicants, he/she will be penance.When embryo hasn't soul apply equally to male and
Article 170: consumption will only be prove byfemale embryo in amount of mulct but when the
testimony of two just man.embryo has soul and the embryo is a boy, full mulct
Article 171: if one of the two just men testifies thatapplies; if the embryo has a soul and the embryo is a
a person has consumed an intoxicant and the othergirl, half mulct applies and if the sex of the soiled
testifies that the person has vomited an intoxicant,embryo isn't clear, three quarters of mulct applies.
the penance is proven.TA'ZIRAT
Article 174: The punishment for intoxication is 80TA'ZIR is a punishment that its degree and type is
lashes for both men and women.not been specified in the SHARI'A and it is up to the
Article 176: When flogging is carried out, the mandecision of the judge. TA'ZIR can be in the form of
being flogged shall be in a standing position and beimprisonment, fines, or flogging (it should be less than
bared except for his genitals, whereas the womanHADD).
being flogged shall be seated and her clothing tightlyArticles 498 up to 729 are about TA'ZIR; it does
bound to her body.contain 29 chapters:
Note. The face and head and genitals of the1: Crimes against National Security. 2: Insulting the
condemned shall not be struck by the lashes duringReligious Sanctities or State Officials. 3: Insulting or
flogging.Attempting at Foreign State Officials. 4: Producing
Article 179: if a person consumes an intoxicantFalse Money. 5: Forgery and Fraud. 6: Breaking Official
several times and has received the penance afterStamps. 7: Escaping from Prison. 8: Usurpation. 9:
each consumption, on the third occasion he/she willDamaging Historical Properties. 10: Wrongdoing of
be executed.State Officials. 11: Usury and Bribery. 12: refuse to do
Article 180: if the condemned becomes insane orlegal duty. 13: Disobedience of State Officials. 14:
apostate, the penance will not be void. [I.e. it will notAttacks on State Officials. 15: Personal Insults. 16:
be executed]Compliance in a Crime. 17: Offenses against people
Civil Unrest [warfare and corruption on earthand children. 18: Offenses against Public Moral. 19:
(MOHAREBEH VA EFSADE FEL ARZ)]Offenses against Family Duties. 20: Lying under oath.
Islamic legislator define warfare and corruption on21: Theft. 22: Threatening.
earth in article 183"any person resorting to arms to23: Bankruptcy. 24: Violation of Consignment. 25:
cause terror, fear or to breach public security andIncineration and Damaging Properties or Animal. 26:
freedom will be considered as a MOHAREB and beViolating real estates and other properties. 27: Libels
corrupt on earth.and Revilements .28: Intoxication, Gambling, and
Note 1: a person who draw arms on people but dueVandalism. 29: Violating Traffic Rules
to inability doesn't cause fear isn't a MOHAREB.Deterrent punishment
Note 2: if a person draws arms on one or severalDeterrent punishment is a punishment that is imposed
specific persons because of personal enmities, [heby the government in order to maintain the public
she] will not be regarded as a MOHAREB.order. It can be in the form of imprisonment, fines, or
Note 3: there is no difference between fire arms andflogging (it should be less than HADD). This means
cold weapons."reign orders that issue from government and most
Ways of proveof them don't have SHARI'A roots.
Article 189: propagation of MOHAREBEH andAt the end I must say I try to explain the most
corruption on earth will be proven by one of followingimportant articles that correlate to humanity; and
methods:state reason of them, I hope my article helps you to
A) By confessing once provided the confessor ishave good view about Islam and its legal system.
mature, sane and his confession is made intentionally