based on gender, race and ethnicity, there are at least three levels of gender-based differences in
Iran's penal code, particularly Islamic Penal Code. 1) The difference in the type and level of
punishments. 2) Differences in impunity. 3) Differences in the enforcement of punishment.
Regarding differences in type and severity of punishments in offenses like adultery5,6 and apostasy
the punishments are different depending on the gender of the individual, in some cases the male
punishments are heavier and, in some cases, the female punishments. For example, in some cases,
the punishment for "adultery" is stoning for a woman and execution for a man. Or in another case,
in an "adultery" case, the punishment for a man is flogging, but the punishment for a woman is
stoning or execution.7
Regarding differences in impunity, these are mostly in favor of male individuals (fathers and
husbands) and against females.8 For example, if a husband sees his wife committing adultery, he
is exempt from punishment if he kills her. Or if a father kills his child, he is exempt from Qisas
punishment.
On differences in enforcement, in cases where the punishment has to be applied to a woman, most
punishments can get delayed if the individual in question is pregnant or has a newborn child. 9
Despite the revision of the Islamic Penal Code, no specific action has been taken by the Islamic
Republic to eliminate gender inequalities in its legislation.
Recommendation status:
This recommendation has NOT been implemented
5
Articles 221 to 232 of the IPC.
Articles 233 to 241 of the IPC.
7
Articles 224 to 231 of Islamic Penal Code: https://shenasname.ir/subjects/salamat/1571-mojazat92
8
Article 302 of the IPC.
9
Articles 437, or 443 of the IPC.
6
2