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Zayn Abidin
Dr. Behrooz Moazami
Modern Iran
December 17, 2015
The Oppression of Homosexuals in the Islamic Republic of Iran
Homosexuality is considered to be a grave sin Modern Iran. So much so, that
thousands of homosexual men and women constantly face persecution by the authorities, almost
regularly. Numerous cases of public executions and shaming encountered by those men and
women have come to light over the years and have been condemned by the more liberal nations
across the globe. Moreover, human rights activists have spoken out against the mistreatments of
those people, yet the stigma associated with being a homosexual in Iran and the endless
hardships faced by the homosexuals have remained the same. It is important to uncover, why the
staunchly Islamic state, openly persecutes homosexuals and deprives them of their basic human
rights by disallowing them to love and live freely? Hundreds of those men and women are
always in a quandary about their future. Some resort to fleeing the country, while others take the
more piteous route towards suicide. In order to find the reasons for the seemingly unjust
repression of a group of people, I will look at a couple of cases and then study the presence of
homosexuality in the Iranian state in a historical and religious context. And also, examine the
Iranian Penal Code and then look at sciences stance on homosexuality.

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Cases of cruelty and the order of the Supreme Leader
In 2005, Mahmoud Asgari and Ayaz Marhoni, aged sixteen and eighteen,
respectively, were publicly executed after an Iranian court convicted them of sodomizing a
thirteen-year-old boy. The inner-workings of the case remain mostly a mystery. It is believed that
the two boys were not given a legitimate case or defense. Both teenagers were flogged at least
228 times before they were hung in front of a large crowd. In the official report, which was
published in the daily Quds newspaper and on Iranian Students News Agency (ISNA) website,
it was stated that they were convicted of "homosexual acts by coercion", they were also
convicted of drinking alcohol, theft and causing public disorder, for which they were sentenced
to flogging. Quds newspaper contained a detailed account, apparently based on statements by the
13-year-old boys father, of his sons rape at knifepoint. Mahmoud Asgari was also reported to
have been convicted of extortion and assault with a knife, and Ayaz Marhoni of intentional
wounding. For these offences they were sentenced to fines and terms of imprisonment. They
were executed before serving their prison sentences (AmnestyUSA). The fact that both of the
boys were not given a proper trial or a defense raises quite a few questions about the justice
system in Iran. If the teenagers had in fact committed homosexual acts by coercion, and were
thus convicted, why werent they given a chance to defend themselves? What caused the Iranian
judicial system to expedite their executions? These questions remain unanswered but the
injustice does not end there.
The trend of forceful gender reassignment surgeries in Iran

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Donya, a young woman from Iran, who identified as a lesbian, was coerced into undergoing a
difficult and dangerous gender reassignment surgery because of pressure from Iranian authorities
in 2014. Donya was heavily opposed to gender reassignment surgery, since she did not need it.
She decided to flee to Turkey to avoid facing persecution. Supporters of the government's
policy argue that transgender Iranians are given help to lead fulfilling lives, and have more
freedom than in many other countries. But the concern is that gender reassignment surgery is
being offered to people who are not transgender, but homosexual, and may lack the information
to know the difference (BBC). Such is the case with many homosexual men and women in Iran,
including Donya. Due to the lack of awareness in the Iranian society about the difference
between identity and sexuality, many men and women, who are prescribed the dangerous gender
reassignment surgery, usually fall into the trap of getting one hoping that it would solve their
problems, but later, when its too late, they realize that the surgery was not for them. This belated
discernment sometimes has a tremendous psychological damage on the individuals, causing them
to cede their will to live. The inception of gender reassignment surgeries actually began back in
the 1980s, shortly after the Iranian revolution. In the 1980's the founder of the Islamic Republic,
Ayatollah Khomeini, issued a fatwa allowing gender reassignment surgery - apparently after
being moved by a meeting with a woman who said she was trapped in a man's body (BBC). The
above mentioned cases best exemplify the unusual and often severe mistreatment endured by
homosexuals in Iran.
The lack of visibility endured by the homosexuals of Iran

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Physical and psychological torture is not the only forms of abuse being faced by the homosexual
community of Iran, the lack of visibility in society, is another predicament that they must endure.
During his visit to the United States of America in the year 2007, Irans former president,
Mahmoud Ahmadinejad openly denied the existence of homosexuals in his country during a
question and answer session at Columbia University, New York. This is very problematic,
because if one looks at world history at large, it becomes quite clear that whenever a community
was ignored or deprived of basic human rights, it had detrimental effects on that society, as well
as the oppressed community. For a national leader to make such an absurd claim about a group of
society that has been ever-present and of course, is unsparingly persecuted is willful ignorance
and only further accentuates the injustice towards homosexuals even more. Thus why, it is
necessary to examine the position of Quran, when it comes to homosexuality.

The Holy book and its view of homosexuality

The Iranian intolerance towards homosexuality seems to stem from the fact that Quran,
the holy book of Islam, openly shuns this behavior. In Islamic terminology, homosexuality is
alternatively called al-fahsha' (an obscene act), shudhudh (abnormality), or 'amal qawm Lut
(behavior of the People of Lut). Islam teaches that believers should neither participate in nor
support homosexuality (AboutIslam). Furthermore, the Quran and the Sunnah, which are the
teachings of the Prophet Muhammad s.a.w.w., state that homosexuality is considered sinful
because, (1) It clashes with the "natural" order in which God created human beings, (2) It brings
destruction of the family and the institutions of marriage and (3) It leads people to ignore God's
guidance in other areas of life (AboutIslam). If this is the case, then one must ask the question,

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why did God create homosexuals? If He considers the behavior deviant, then why instill it in a
chosen few, and call for them to be condemned? Islam, however does not answer the question of
Why they are created, the way are?, because it is believed that only God is privy to such
answers and that man must exercise patience and know that whatever God has decided for him,
is for the mans own good. But that only comforts the individual to a certain extent. There comes
a time when one starts to look for answers, especially in the midst of ample adversities, that
continue to hound him/her on a regular basis.

The decree of the Iranian Penal Code

Iranian Penal Code lays out the punishment for homosexual acts in great detail. It states
the punishment for Sodomy and Lesbianism, specifically. In the Penal Code, Article 108 states
that in case of Sodomy, both the active and the passive persons will be condemned to
punishment. Moreover, that the punishment for sodomy is killing and that it is up to the Sharia
judge to decide how the accused will be killed. Later, Article 109 in the Penal Code states that
both individuals, passive or active, will face the punishment.
The stance of Penal Code on Lesbianism is as follows;
Article 127: Mosaheqeh (lesbianism) is homosexuality of women by genitals.
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.

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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.
Article 131: If the act of lesbianism is repeated three lashes and punishment is enforced
each time, death sentence will be issued the fourth time (Mehr).

The implications of the Iranian Penal Code

The above stated laws of the Iranian Penal Code are quite severe, perhaps thus why the
Iranian state discourages the homosexual behavior. Most certainly, the condemnation of
homosexuality in Iran occurs because of the Islamic teachings, which are against homosexuality.
This is indeed very problematic. Homosexual men and women do not choose the lifestyle that
they live, it is their natural inclination to be who they are, then why are they being punished for
something that they have no control over? And something that is innately a part of them?
Expecting to live a life that they are designed to live, is putting them through immense
psychological torture, which is probably why many take matters of their ill fate in their own
hands and commit suicide. To make matters worse, religious leaders also continue to vilify
homosexuals. Ayatollah Abdollah Javadi-Amoli, an influential Iranian cleric, said in a speech
last April that homosexuals were inferior to dogs and pigs and blamed them for spread of Aids
(theguardian). These antipathetic sentiments from religious clerics are certainly discouraging and
also damaging for the homosexual community in Iran.
The historical presence of homosexuality in Iran
Historically speaking, homosexuality was ever-present in the Iranian society. Janet Afary
in her book, Sexual Politics in Modern Iran, writes that homosexual relations were implicitly

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recognized cultural practices so as long they were kept a secret. As in many other pre-modern
cultures, Iranians expected male homosexual relations to be asymmetrical, involving people of
different ages, classes, or social standings, although other types of same-sex relations were also
practiced (Afary). The author makes a very peculiar yet interesting statement regarding
homosexual activity in early Pre-modern Iran, she says male homoerotic relations in Iran were
bound by rules of courtship such as the bestowal of presents, the teaching of literary texts,
bodybuilding and military training, mentorship, sometimes men also exchanged vows, known as
brotherhood sighehs with homosocial or homosexual overtones (Afary).

The period of acceptance of homosexuality in Iran

Homosexual activities were not only accepted in pre-modern Iran but also in Modern
Iran. Many of the Qajar leaders were said to have had courts full of youthful boys in their teens
ready to provide company to the royal court. The relationship between an older man and a
youth was consensual; such a liaison was not frowned upon. On the contrary, it was considered
proper (Floor). The text further states that homosexual behavior was found in court circles.
Etemad al-Saltaneh reported that a woman named Golin was a pimp, who had a stable of 14
boys and 5 girls, ready for her clients. Her husband, a former coachman, had trained some of the
beardless boys, whom he regularly supplied to courtiers, who wanted to have an evening of fun
(Floor). Homosexuality was clearly more accepted in the Irans earlier history, although true that
it might not have been openly accepted but it at the same time, it wasnt openly shunned either.
There can be two reasons as to why this was, (1) Due to the concept of arrange marriage, a lot of
men and women could not have sexual contact with the opposite sex, until after marriage and

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even then, some might not even be interested in their chosen partner, to perform post-marital
intercourse. (2) Earlier Islamic scholars might have seen the religious text, Quran, as being more
forbearing when it came to homosexuality and thus why did not prescribe severe repercussions
for the act or behavior. In any case, it is evident that pre-modern Iran and most of earlier modern
times societies in modern Iran did not condemn it with such intensity and there werent any harsh
penalties. Also, the society seemed to be accepting of such behavior.

The Quran the people of Prophet Lut, who dabbled in homosexual activities
Since Iran is such a stringent Islamic state, it is crucial to further look at the religious text,
the Quran and try to comprehend what it says about homosexuals and homosexuality. Much
like the Jewish and Christian sacred texts, the Quran regards male homosexuality as an
abomination (Afary). It is understood that the religious text does not allow homosexual
behavior to dwell in a society, more specifically a Muslim society. The Quran then goes on to
talk about Prophet Lut and mentions how his people dabbled in homoerotic activities and were
subsequently cursed by God because of their sexual indiscretions. Of all those in the world will
you come to males, abandoning the wives your Lord created for you? Indeed, you are a
transgessive people (Quran 26:160-166). This surah in the Quran alone could be the reason
why homosexuality is prohibited in modern Iran. When Ayatollah Khomeini brought his
revolution to Iran, he completely eradicated the previous regimes laws and principles, which
were most westernized. He made the state strictly Islamic, more specifically Shia Islamic. The
modern Iranian state most likely interprets the Quran differently from the way religious clerics
in the pre-modern Iran interpreted it.

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The Quran disallows persecution and killing of a people
Although, the Quran condemns homosexuality, it does not however, prescribe death as
the result of the transgessive behavior. But the Quran is also compassionate and recognizes
the possibility of repentance and forgiveness, If two among you commit indecency, punish them
both, if they repent and mend their ways, let them be. God is forgiving and merciful (Quran
4:16). Afary in her texts goes on to say that the punishment of death by stoning did not appear
in the Quran. Moreover, until the twentieth century the vast majority of religious scholars did
not even interpret sura 4:16 as addressing punishment for male homosexuality (Afary). If the
religious text, which holds the utmost authority in the Iranian state, does not ask for an
individual, who has committed a homosexual act, to be punished by death, then why does the
Iranian regime post-1979 revolution publicly execute homosexuals? It seems that Khomeini and
those who succeeded him prescribed the harsh penalty of death on their own accord. Islam
clearly does not permit anyone to kill a person if they have committed a homosexual act. This is
not only controversial but also against basic human rights. A people should not be publicly
humiliated and then killed just because a regime thinks it is a suitable punishment.

Homosexuality from Sciences vantage point

Science has proven that people do not choose their sexuality, they are born with it. It is an
intrinsic part of them and they cant change it just because someone wants them to. So, then why
are they forced to act or behave a way that is considered acceptable by the society or religion?
Years of research suggest that people can't change their sexual orientation because they want to,
and that trying can cause mental anguish. A 2014 study in the journal Psychological Medicine
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showed that a gene on the X chromosome (one of the sex chromosomes) called Xq28 and a gene
on chromosome 8 seem to be found in higher prevalence in men who are gay. That study,
involving more than 400 pairs of gay brothers, followed the 1993 report by geneticist Dean
Hamer suggesting the existence of a "gay gene." Other research has found that being gay or
lesbian tends to run in families (Livescience). Scientifically proven facts cannot be disputed,
thus why forcing gay people to change themselves or go through the grueling gender
reassignment surgery is criminal. Although homosexual people in other countries are constantly
faced with difculties over their sexual preference, in Iran, they face even greater challenges as a
result of retribution and religious limitations. This restriction often leads to horric outcomes.
For instance, some of them might commit suicide because of guilt and self-hate (Fitzpatrick,
Euton, Jones, & Schmidt, 2005). It was reported in 2006 that the rate of suicide attempt amongst
Iranian gay men was 20% in a sample of 30 persons (Khosravi). The rate of suicide among gay
Iranian men is obviously very high and the government doesnt realize that this is detrimental to
the entire society. Thousands of gay men are taking their own lives because they seem to be
frustrated with the way things are for them in their own motherland. Instead of helping and
comforting individuals, who are already vilified by society, the government resorts to torturing
them even further by public humiliation and executions, thus why so many gay people flee Iran.

Persecution, under any circumstance, is unjustifiable

After thoroughly studying the Qurans view of homosexuality, the stance of the Iranian
Penal Code on homosexuality, and the presence of homosexuality in the historical and religious
context, it is clear that homosexuality will perhaps be never fully accepted in the Iranian society.
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However, homosexuals are still human beings, who deserve justice and protection. Persecution
of a group of people, who cause no harm to society, is inexcusable, and even the Quran, a
dominant authority in Iran, concurs with that viewpoint. The Iranian government needs to take
full responsibility of their unlawful actions against the homosexual community. From public
executions to forceful gender reassignment surgery, the community is constantly put through hell
and has no way out, while living there. Numerous human rights activists and organizations have
banded together to raise awareness about the injustices being faced the by the gay people in Iran,
but to no avail. The country has made little effort, or no effort at all to facilitate a group of
people, who deserve to live their lives the way they want to. The community is being deprived of
basic human rights, they shouldnt have to look for asylum in other countries and be rejected by
their own motherland. The mistreatment of homosexuals in Iran is unjustifiable and criminal and
the bigotry must come to an end.

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