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The Stoning of Soraya M.
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[QUOTE]Originally posted by *Dalia*: [QB] [b]How is “adultery” proven, before a stoning sentence is passed in the courtroom?[/b] In states where stoning is codified in law (Iran and the Sudan,) adultery must be proven in court. According to many interpretations of Islamic Law (including the Iranian Penal Code), proving adultery is very difficult, and a guilty sentence is nearly impossible to obtain through hard evidence. Adultery punishable by stoning must be proven by the eye-witness testimony of either four just men (or three just men and two just women) or through four separate confessions by the defendant before a judge. But in fact, most stoning sentences are issued not on the basis of testimony or confession but on the judge’s “knowledge” or “intuition.” Article 105 of the Islamic Penal code of Iran allows a single judge to rule according to his personal opinion instead of hard evidence. As a result, most if not all adultery cases are unfairly tried. [b]How is stoning carried out?[/b] The Islamic Penal Code of Iran is very specific regarding the details of how stoning should be executed. Article 102 states that men shall be buried up to their waists and women up to their breasts for the execution. Article 104 states, referring to the penalty for adultery, that the stones used should “not be large enough to kill the person by one or two strikes; nor should they be so small that they could not be defined as stones (pebbles.)”. In some cases, if a victim can escape from the ditch during the stoning, they will be freed. However, because women are buried up to their breasts and men only at their waists, women will have a smaller chance of escaping than men. [b]What is the relationship between stoning and women’s rights?[/b] Women are far more likely to become victims of stoning. For example, of the ten cases of individuals awaiting punishment by stoning in Iran, nine are women. Even though there is no article in law that mandates punishment by stoning exclusively for women, misogynist and discriminatory laws in the Iranian Penal Code, particularly Family Law, make women far more likely than men to be found guilty of “adultery”. In the Iranian Penal Code, a married woman has no right to divorce, a privilege which is reserved for the husband. Women have no custody rights of their children after age seven; as a result, women who can obtain a divorce by proving their husbands are either abusive or an addict, choose not to do so fearing the loss of their children. A man can marry up to four wives simultaneously, and may establish a sexual relationship with any other single woman through a temporary marriage without the requirements of marriage registration, ceremony, or obligation to any possible child that may result. In addition, a woman is legally obliged to submit to her husband’s sexual demands and do her best to satisfy him sexually. Many similar discriminatory laws and regulations exist in other countries and communities where stoning is still practiced. Hence if a man is sexually unsatisfied or in an unhappy relationship, he has many avenues open to him to dissolve the marriage and/or satisfy his sexual needs in a temporary “marriage”. However, these legal options are denied to women, and a woman seeking alternative intimate relationships is, in the eyes of the law, “committing adultery”. http://www.stop-stoning.org/faq_stoning [/QB][/QUOTE]
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