Types of criminalisation
- Criminalises sex between men
- Criminalises sex between women
- Death penalty
1. Penal Code 2013, Art. 233-234 Livat
Livat is defined as penetration of a man’s sex organ (penis), up to the point of circumcision, into another male person’s anus.
The hadd punishment for livat shall be the death penalty for the insertive/active party if he has committed livatby using force, coercion, or in cases where he meets the conditions for ihsan; otherwise, he shall be sentenced to one hundred lashes. The hadd punishment for the receptive/passive party, in any case (whether or not he meets the conditions for ihsan) shall be the death penalty.
Note 1- If the insertive/active party is a non-Muslim and the receptive/passive party is a Muslim, the hadd punishment for the insertive/active party shall be the death penalty.
Note 2- Ihsan is defined as a status that a man is married to a permanent and pubescent wife and whilst he has been sane and pubescent has had a vaginal intercourse with the same wife while she was pubescent, and he can have an intercourse with her in the same way [vaginal] whenever he so wishes.” Full text.
2. Penal Code 2013, Art. 235-236 Tafkhiz
Tafkhiz is defined as putting a man’s sex organ (penis) between the thighs or buttocks of another male person.
Note- A penetration [of a penis into another male person’s anus] that does not reach the point of circumcision shall be regarded as tafkhiz.
In the case of tafkhiz, the hadd punishment for the active and passive party shall be one hundred lashes and it shall make no difference whether or not the offender meets the conditions of ihsan [mentioned in note 2 of article 234], or whether or not [the offender] has resorted to coercion.
Note- If the active party is a non-Muslim and the passive party is a Muslim, the hadd punishment for the active party shall be the death penalty.” Full text.
3. Penal Code 2013, Art. 237 Other Homosexual Acts
Homosexual acts of a male person in cases other than livat and tafkhiz, such as kissing or touching as a result of lust, shall be punishable by thirty-one to seventy-four lashes of ta’zir punishment of the sixth grade.
Note 1- This article shall be equally applicable in the case of a female person.
Note 2- This article shall not be applicable in the cases punishable by a hadd punishment under Shari’a rules.” Full text.
4. Penal Code 2013, Article 238-240 Musaheqeh
Musaheqeh is defined as where a female person puts her sex organ on the sex organ of another person of the same sex.
The hadd punishment for musaheqeh shall be one hundred lashes.
Regarding the hadd punishment for musaheqeh, there is no difference between the active or passive parties or between Muslims and non-Muslims, or between a person that meets the conditions for ihsan and a person who does not, and also whether or not [the offender] has resorted to coercion.” Full text.