
05-26-2007, 08:22 PM
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Member
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Join Date: Mar 2006
Location: NYC
Posts: 4,591
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Thanks Jamie!
A Little History....
Quote:
http://en.wikipedia.org/wiki/LGBT_rights_in_Iran
History of LGBT Rights in Iran
There is a large amount of literature in Persian that explicitly illustrates the ancient existence of homosexuality among Iranians.
In Persian poetry, references to sexual love can be found in addition to those of spiritual/religious love. A few ghazals (love poems) and texts in Saadi's Bustan and Gulistan have been interpreted by Western readers as homoerotic poems. In some poems, Sa'di's beloved is a young man, not a beautiful woman. In this he followed the conventions of traditional Persian poetry. Sa'di's own attitude toward homosexuals was more negative than positive. In the Gulistan he stated, "If a Tatar slays that hermaphrodite / The Tatar must not be slain in return." Another story tells of the qazi of Hamdan whose affection towards a farrier-boy is condemned by his friends and the king, who eventually says: "Everyone of you who are bearers of your own faults / Ought not to blame others for their defects." [2] Many misinterpretations of Persian poetry also stem from distorted translations. In the Persian language, there exists only one word for "him/his" and "her". In English translations, the translator has to select one and assign a gender to the word.
Author Janet Afary, an associate professor at Purdue University, claims that "Classical Persian literature — like the poems of Attar (died 1220), Rumi (d. 1273), Sa’di (d. 1291), Hafez (d. 1389), Jami (d. 1492), and even those of the 20th century Iraj Mirza (d. 1926) — are replete with homoerotic allusions, as well as explicit references to beautiful young boys and to the practice of pederasty." She further states that "Professors of literature have been forced to teach that these extraordinarily beautiful gay love poems aren’t really gay at all and that their very explicit references to same-sex love are really all about men and women." She says that the 1979 revolution was partly motivated by moral outrage against the Shah's regime, and in particular against a mock same-sex wedding between two young men with ties to the court, and says that this explains the virulence of the anti-homosexual oppression in Iran.
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Legal Status
Since the 1979 Iranian revolution, the legal code has been based on a conservative interpretation of Islamic Shari'a law. All sexual relations that occur outside of a traditional, heterosexual marriage (i.e. sodomy or adultery) are illegal and no legal distinction is made between consensual or non-consensual sexual activity. Homosexual relations that occur between consenting adults in private are a crime and carry a maximum punishment of death. Teenage boys as young as fifteen are eligible for the death penalty (see Mahmoud Asgari and Ayaz Marhoni). Approved by the Islamic Republic Parliament on 30/7/1991 and finally ratified by the High Expediency Council on 28/11/1991, articles 108 through 140 distinctly talk about homosexuality and its punishments in detail.
Male Homosexuality
Sodomy is a crime for which both partners can be punished by death, if the participants are adults, of sound mind and consenting; the method of execution is for the Shari'a judge to decide. A non-adult who engages in consensual sodomy is subject to a punishment of 74 lashes. (Articles 108 to 113) Sodomy is proved either if a person confesses four times to having committed sodomy or by the testimony of four righteous men. Testimony of women alone or together with a man does not prove sodomy. (Articles 114 to 119). "Tafhiz" (the rubbing of the thighs or buttocks) and the like committed by two men is punished by 100 lashes. On the fourth occasion, the punishment is death. (Articles 121 and 122). If two men "stand naked under one cover without any necessity", both are punished with up to 99 lashes; if a man "kisses another with lust" the punishment is 60 lashes. (Articles 123 and 124). If sodomy, or the lesser crimes referred to above, are proved by confession, and the person concerned repents, the Shari'a judge may request that he be pardoned. If a person who has committed the lesser crimes referred to above repents before the giving of testimony by the witnesses, the punishment is quashed.
Female Homosexuality
The punishment for female homosexuality involving persons who are mature, of sound mind, and consenting, is 100 lashes. If the act is repeated three times and punishment is enforced each time, the death sentence will apply on the fourth occasion. (Articles 127, 129, 130) The ways of proving lesbianism in court are the same as for male homosexuality. (Article 128) Non-Moslem and Moslem alike are subject to punishment (Article 130) The rules for the quashing of sentences, or for pardoning, are the same as for the lesser male homosexual offences (Articles 132 and 133) Women who "stand naked under one cover without necessity" and are not relatives are punished by up to 100 lashes.
Application of Laws
There are various reports of the death penalty being applied for homosexual conduct, and as this sentence has often been carried out against dissidents, it may be a tool to silence political dissent as much as to oppress homosexuals.
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