THE GLOBE AND MAIL: Tehran’s legal codes are studded with inconsistencies and vagaries that make due process virtually impossible
The harrowing case of Sakineh Mohammadi Ashtiani – a mother of two sentenced to stoning by an Iranian court for adultery – has rightfully drawn the world’s attention to Iran’s draconian penal code, which reserves its cruellest punishments for women. The practice of stoning in particular is so abhorrent that even political allies such as Brazil have been roused to action. President Luiz Inacio Lula da Silva has offered Ms. Ashtiani asylum, but a foreign leader can have no direct bearing on a domestic legal proceeding. The Brazilian intervention, however, sends a powerful message to the Islamic Republic: Its human-rights record can never be divorced from its nuclear diplomacy.
Before the 1979 Islamic revolution, back in the years when I worked as a judge in Iran, consensual sexual relations between adults did not figure in the country’s criminal code. The revolution enacted a version of Islamic law extraordinarily harsh even by the standards of the Islamic world, making extramarital sex a crime. The punishment for a single man or woman guilty of sex outside marriage became 100 lashes; under Article 86, the punishment for a married person became death by stoning.
On the face of things, stoning is not a gendered punishment, for the law stipulates that adulterous men face the same brutal end. But because Iranian law permits polygamy, it effectively offers men an escape route: They are able to claim that their adulterous relationship was, in fact, a temporary marriage (Iranian law recognizes “marriages” of even a few hours duration between men and single women). Men typically exploit this escape clause, and are rarely sentenced to stoning. But married women accused of adultery have no access to such reprieve.
The barbarity of stoning aside, Iran’s legal codes are studded with inconsistencies and vagaries that make due process virtually impossible. The penal code notes that, if a man or woman is denied sexual access to a spouse due to travel or other prolonged separation, 100 lashes suffice as punishment for adultery, but it does not specify the duration of acceptable separation. Stoning can also be reduced to lashes when a married woman has sex with a minor (Iranian law considers the age of maturation for girls 9, and for boys 15). Read on and comment >>> Shirin Ebadi | Thursday, August 05, 2010
Shirin Ebadi is an Iranian human-rights activist and Nobel laureate.
