Iran - Flogging of Women as a Punishment for Adultery

The Islamic Penal Code of Iran describes the legal punishments for adultery adultery as a capital offense. The specific details pertaining to the ritual of stoning to death is also provided by the law as are the details of execution of other adultery punishments. The following is a translation of the related Directive which has been drafted by the Minister of Justice and approved by the Head of Judiciary, Seyed Mahmoud Shahroudi on November 25, 2003 in accordance with article 293 of the Penal Hearing Code.

Translated by: Dr. Soheila Vahdati
Compared with the original text by: Nazanin Kiani Fard, Attorney at Law

The Directive on Implementation Regulations for Sentences of Retribution-in-Kind, Stoning*, Murder, Crucifixion, Death Penalty, and Flogging

Chapter Three

Implementation of Flogging Punishment

Article 27 – Flogging is implemented using a thread leather strap of the approximate length of one meter and the approximate width of 1/5 centimeter.

Article 28 – The hands and feet of the condemned shall be bound to the place of the sentence execution as far as possible in order to prevent needless movements of the condemned that may cause infliction of lashes to the prohibited areas.

Note – The prohibited areas refer to head, face and genitals.

Article 29 – When flogging punishment is performed in a closed area, the temperature must be mild and if performed in an open area, the temperature shall not be too cold or too hot. The flogging should be performed during the warmer hours of the day in cold regions and in cooler hours of the day in warm regions.

Article 30 – Implementation of flogging punishment in terms of vigorousness and weakness of lashes is as the following:
Flogging punishment for adultery (zena***) and sexual contact without penetration (tafkheez***) is more vigorous than that for alcohol consumption (shorbe khamr)*** and punishment for alcohol consumption is more vigorous than that of false accusation (qazf***) and pimping (qavvadi***).

Article 31 – Execution of flogging punishment shall be with respect to Article 300 of the Directive of General and Revolutionary Court Hearing Procedures in Penal Matters according to the regulations set by the Islamic Penal Code [of Iran].

Article 32 – Flogging of condemned females shall be performed as they are seated and have their clothes bound to their bodies.

Article 33 – Flogging of condemned males shall be carried out as they are standing, and in the cases of adultery, sexual contact without penetration (tafkheez***) and alcohol consumption, have no clothing but to cover the genitals, and in the cases of pimping (Qavvadi***) and false testimony(qazf***), flogging is performed over regular clothing.

Article 34 – Flogging by Tazeer*** [rather than Hadd] shall be performed according to article 288 of the Directive of General and Revolutionary Court Hearing Procedures in Penal Matters as follows:

a. Flogging is implemented as the condemned is lied flat on stomach and wears regular clothing and lashes are inflicted on the back of the body except for the head, face and genitals.

b. The flogging is implemented consistently and with medium severity.

Article 35 – This Directive has been approved by the Head of Judiciary in 35 articles and 7 notes in implementation of article 293 of the Directive of General and Revolutionary Court Hearing Procedures in Penal Matters ratified by the Legal and Judiciary Affairs Commission of the Islamic Parliament on September 19, 1997.

Head of Judiciary – Seyed Mamoud Shahroudi