Chapter three
Criminal Provisions
Sexual Assault
Article 17
(1) If a person commits sexual assault on an adult woman, the offender shall be
sentenced to continued imprisonment in accordance with the provision of Article
(426) of the Penal Code, and if it results to death of the victim, the perpetrator shall
be sentenced to death penalty.
(2) If a person commits sexual assault with an underage woman, the offender shall be
sentenced to the maximum continued imprisonment according to the provision of
Article (426) of Penal Code, and if it results to death of the victim, the perpetrator
shall be sentenced to death penalty.
(3) In the cases mentioned in paragraphs (1 & 2) of this Article the perpetrator shall be
convicted to pay an amount equivalent to dowry (Mahre Mesl) to the victim.
(4) If a person commits assault on chastity of a woman but his act does not result to
adultery or pederasty (Tafkhiz and Mosahiqah etc…) – rubbing together of sexual organs -,
considering the circumstances he shall be sentenced to long term imprisonment not
exceeding 7 years.
(5) If the victim mentioned in paragraph 4 of this Article has not attained the age of 18
or the perpetrator is a close relative up to degree 3, teacher, servant, doctor, or has
influence and authority over the victim, considering the circumstances the
perpetrator shall be sentenced to long term imprisonment not exceeding 10 years.
Forcing into prostitution
Article 18
1. If a person forces an adult woman into prostitution, considering the
circumstances he will be sentenced to long term imprisonment not less than 7
years.
2. If the victim mentioned in paragraph (1) of this Article is not an adult woman,
considering the circumstances the perpetrator shall be sentenced to long term
imprisonment not less than 10 years.
Recording and publishing the identity of the victim
Article 19
A person who records the identity of the victim of rape, or the victim of compulsory
prostitution or in contradiction to the law publishes and broadcasts their pictures,
considering the circumstances he/she will be sentenced to medium imprisonment not
less than 3 years.
Burning or Using Chemical Substances:
Article 20
1. If a person burns a woman or sprays chemical or other poisonous substances on
her body causing injury, or makes her eat a poisonous substance or injects it into
her body, taking into account the circumstances the offender shall be sentenced
to long term imprisonment not less than 10 years.
2. If the crime mentioned in paragraph (1) of this Article is committed to spread
fear and terror in the society in order to prohibit women from exercising their
civil rights or results in the death of the victim, considering the circumstances the
offender shall be sentenced to continued imprisonment or death penalty.
Self-Ignition and Suicide
Article21
If the violence against a woman forces her to commit self-ignition, suicide or to use
chemical or other poisonous substances on herself, the offender shall be sentenced to
medium imprisonment in case of injury or disability and to long term imprisonment not
exceeding 10 years in case of death of victim.
Injury and Disability
Article 22
1. If a person beats a woman, considering the mitigating and aggravating
circumstances the offender shall be sentenced in accordance with Article 407 –
410 of the Penal Code.
2. If the acts mentioned in paragraph (1) of this Article result in the death of the
victim, the offender shall be sentenced in accordance with Article 395 – 399 of
Penal Code.
Beating
Article 23
If a person beats a woman which does not result to injury or disability of the victim, the
offender in view of the circumstances shall be sentenced to short term imprisonment
not exceeding 3 months.
Selling and buying women for the purpose of or on the pretext of
marriage
Article 24
A person who sells a woman for the purpose of marriage, or purchases a woman or
facilitates the process, considering the circumstances he/she shall be sentenced to long
term imprisonment not exceeding 10 years.
Giving Baad
Article 25
1. If a person marries with or gives in marriage a woman under the name of Baad,
considering the circumstances the offender shall be sentenced to a long term
imprisonment, not exceeding 10 years.
2. In the situation mentioned in paragraph (1) of this Article, considering the
circumstances the persons involved (the witnesses, the proxy, Aqid “one who
weds the couple” and conciliator) each shall be sentenced to a medium
imprisonment, and based on the request of the victim and in accordance with
the provisions of the law the marriage contract shall be revoked.
Forced Marriage
Article 26
If a person engages or marries a woman who has attained the legal age of marriage
without her consent, considering the circumstances he/she shall be sentenced to
medium imprisonment of not less than 2 years and the marriage or engagement shall be
revoked in accordance with the provisions of law.
Prohibiting from the right of marriage
Article 27
If a person prohibits a woman from marriage or deprives her from choosing her spouse,
taking into account the circumstances the offender shall be sentenced to short term
imprisonment.
Underage Marriage
Article 28
If a person marries a woman who has not attained the legal age of marriage without
considering Article 71 of Civil code, the offender considering the circumstances shall be
sentenced to medium imprisonment of not less than 2 years, and based on the request
of the victim the marriage shall be revoked in accordance with the provision of law.
Abusing, humiliating, intimidating
Article 29
If a person curses, intimidates or degrades a woman, considering the circumstances
he/she shall be sentenced to short term imprisonment of not less than 3 months.
Harassment/ persecution
Article 30
1. If a person harasses/persecutes a woman, considering the circumstances he/she
shall be sentenced to short term imprisonment of not less than 3 months.
2. If the crime mentioned in paragraph 1 of this Article has been committed by
using authority and position, the offender considering the circumstances shall be
sentenced to short term imprisonment of not less than 6 months.
Forced isolation
Article 31
If a person forces a woman to isolation, considering the circumstance the offender shall
be sentenced to short term imprisonment not exceeding 3 months.
Forced addiction
Article 32
If a person forces a woman to addiction, he/she shall be sentenced to short term
imprisonment of not less than 3 months.
Depriving from inheritance
Article 33
A person who prohibits a woman getting her inheritance, in addition to restoring her
legal share, he/she shall be sentenced to short term imprisonment not exceeding one
month.
Prohibiting to access personal property
Article34
A person who possesses personal property of a woman or prevents her from acquiring
it, based on the circumstances he/she shall be sentenced to short term imprisonment
not exceeding 3 months and the property shall be given back to her.
Prohibiting from the right to education, work and access to health
services
Article 35
If a person prohibits a woman from the right of education, work, access to health
services or exercising other rights provided by law, considering the circumstance the
offender shall be sentenced to short term imprisonment not exceeding 6 months.
Forced labor
Article 36
A person who forces a woman to work, the offender beside paying the compensation,
considering the circumstances he shall be sentenced to short term imprisonment not
exceeding 6 months.
Marrying more than one wife
Article 37
A person who marries with more than one woman without the observing the provisions
of Articles 86 and 89 of the Civil Code, considering the circumstances he shall be
sentenced to short term imprisonment of not less than 3 months.
Denial of relationship
Article 38
If a person denies the relationship with a woman, but the verdict of the court proves
otherwise, considering the circumstances he shall be sentenced to short term
imprisonment not exceeding 6 months.
Prosecution
Article 39
1. Proceeding of relevant cases and prosecution of the perpetrators of crimes set
forth in Articles 22 – 39 of this law shall be conducted based on the complaint
filed by the victim or her representative.
2. In circumstances mentioned in paragraph 1 of this article the victim may
withdraw her case at any stage of prosecution (detection, investigation, trial or
conviction) which results in the stoppage of proceeding and imposition of
punishment.
Contribution in the commission of crimes
Article 40
If a person accompanies another person to commit the crimes set forth in this chapter,
considering the circumstances he/she shall be sentenced in accordance with the
provisions of Articles 39 and 41 – 48 of Penal Code.
Compensation
Article 41
Perpetrators of crimes mentioned in this law shall, in addition to the prescribed
punishments, taking into account the circumstances be convicted to compensation.