List of Articles Sodomy

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  1 - The philosophy of "Ehsan" in Sexual Offences Requiring Fixed Punishments (Based on the Islamic criminal law of Iran, 2013 penal Code)
  Adel Sarikhani
  10.22034/ijrj.2017.532744
        In Islamic criminal law, substantiation of Ehsan, undeniably affects the punishment of sexual offenses. Ehsan is defined as a situation when an adult man or woman-being permanently married- having the experience of vaginal sexual intercourse with hi More

        In Islamic criminal law, substantiation of Ehsan, undeniably affects the punishment of sexual offenses. Ehsan is defined as a situation when an adult man or woman-being permanently married- having the experience of vaginal sexual intercourse with his or her spouse in state of maturity and sanity, in which both men and women have the possibility to have sexual intercourses again and repeatedly whenever they want. For  instance in terms of  rape, which  the death penalty is required , Ehsan will not have any effects , in other words, for imposing punishment it is not important that the rapist to be married or single, however,  in some circumstances it would amount to both Rajm (stoning) and  Jald ( i.e. lashing one hundred times) or it would intensify the punishment  (i.e from Jald to Rajm) .Nevertheless according to the Islamic criminal law of Iran, 2013 penal Code, with the permission of judiciary head, the court has been given the authority to mitigate mentioned punishment to the  Execution ( a type of death penalty other than Rajm) or Jald  when imposing  of Rajm  is not possible. Although such flexibility is admirable, the code is criticized at this context by the experts. The 2013 code in terms of sodomy recognize Ehsan as a requirement for intensifying the punishment of Jald (Lashing) to the death penalty, but the code does not  apply Ehsan to intensify the punishment of lesbianism. In some sexual offences, regardless of the punishment, Ehsan will change the situation of an offender from undeserved for the death penalty to deserve it. This article at first is to have a review over the effects of Ehsan on sexual offences, and then explains the etiology of intensification of punishment in this regard; and finally criticizes the new provisions on Rajm in Islamic criminal law of Iran, 2013 penal Code.   Manuscript profile
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  2 - Jurisprudential Pathology in Article 234 of the Islamic Penal Code
  Seyyed Ahmad Mirkhalili Nafiseh Motevalizadeh Naeini Mehri Nassaji Zavareh
  10.22034/ijrj.2019.666905
  Through amending the Islamic Penal Code in 2013, article 234 of the Islamic Penal Code has been amended in relation to the punishment of the sodomy (which the Islamic Penal Code of 1370 punished his absolute death sentence). In the current law, the slaughter of the subj More

  Through amending the Islamic Penal Code in 2013, article 234 of the Islamic Penal Code has been amended in relation to the punishment of the sodomy (which the Islamic Penal Code of 1370 punished his absolute death sentence). In the current law, the slaughter of the subject is conditional upon the condition of the guardian, the Onf or the non-applicable subject, and otherwise the penalty is considered to be one hundred whistleblowers. This great change in punishment has led us to look at the legal foundations of this article, in line with the provisions of the general rule of law, and the view that changing the punishment of this crime from severe to mild punishment would be a huge loss for society. Concerning the punishment of sodomy agents, we encounter two theories among the jurisprudents: the famous jurists believe that the punishment for sodomy in the case of anonymity and murder; in contrast to the unusual theory of jurisprudence that punish sodomy in the form of scapegoat, murder or furious, and if you do not know, he knows the creeps. In the article, which is based on the analytical method and using the library resources, criticizing the legislator regarding the disproportion between the sodomy punishment and the definition of sodomy, has examined the opinions expressed in jurisprudence and documented their validity. We believe that the punishment for murder for the subject is more consistent with the narrative and jurisprudential accuracy. Manuscript profile