Articles 108-126 of the Penal Code criminalise sodomy, which is defined under Article 108 as “sexual intercourse with a male.” Article 110 stipulates that the punishment for sodomy is killing. The Penal Code also provides penalties for acts other than intercourse, such as “the rubbing of the thighs or buttocks” (Article 121) and kissing “with lust” (Article 124).1
Types of criminalisation
- Criminalises sex between men
- Criminalises sex between women
- Death penalty applies
1. Penal Code 1991, Articles 108-126 Sodomy
Article 109: In case of sodomy both the active and the passive persons will be condemned to its punishment.
Article 110: Punishment for sodomy is killing; the Sharia judge decides on how to carry out the killing.
Article 111: Sodomy involves killing if both the active and passive persons are mature, of sound mind and have free will.” Full text.
2. Penal Code 1991, Articles 127-134 Lesbianism
Article 128: The ways of proving lesbianism in court are the same by which the homosexuality (of men) is proved.
Article 129: Punishment for lesbianism is hundred (100) lashes for each party.
Article 130: Punishment for lesbianism will be established vis-a -vis someone who is mature, of sound mind, has free will and intention.
Note: In the punishment for lesbianism there will be no distinction between the doer and the subject as well as a Muslim or non-Muslim.” Full text.