Zina, Sodomy, Tafkhiz — Definitions and Conditions for Proof in Iranian Law

An Overview of Major Sexual Hudud Crimes Under Islamic Penal Code

Introduction

In Islamic jurisprudence and Iranian criminal law, some of the most serious offenses are categorized as Hudud sexual crimes, including:

Zina (fornication or adultery)

Liwat (sodomy)

Tafkhiz (non-penetrative homosexual act)

These offenses carry severe punishments, such as flogging, stoning, or execution — but they are very difficult to prove due to strict evidentiary requirements set by Islamic law.

What Is Zina?

Article 221 of the Islamic Penal Code:

“Zina is defined as sexual intercourse between a man and a woman who are not legally married to each other and where the act is not committed by mistake or under mistaken identity (shubha).”

In short, any voluntary sexual intercourse outside marriage (and not mistaken) qualifies as Zina and is punishable as a Hadd crime.

What Is Sodomy (Liwat)?

Article 233 of the Penal Code:

“Liwat is defined as anal intercourse between two males.”

This is treated as a serious Hadd offense in both Islamic and Iranian law, with punishments ranging from 100 lashes to execution depending on the circumstances.

What Is Tafkhiz?

Article 235 of the Penal Code:

“Tafkhiz is defined as placing the male genital organ between the thighs or buttocks of another male, without penetration.”

Though less severe than sodomy, Tafkhiz is still a punishable Hadd crime, often leading to flogging.