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According to a 1984 law, Muslim men can be stoned for engaging in homosexual sex, though no executions have occurred so far. Though the grounds for execution in Iran are difficult to track, there is evidence that several gay men were executed in 2005–2006, 2016 and in 2022 mostly on alleged charges of rape. Under the combination of articles 136 and 238, a woman convicted for the fourth time of the crime of musaheqeh ( tribadism) is to be executed there is no death penalty for non-genital-genital female-female sexual conduct. Articles 233 through 241 criminalise both female and male same-sex activity for a first offence, the death penalty only applies to some cases of male-male penile-anal intercourse, with female-female activity and other cases of male-male activity being punished by flogging instead of execution. Male-male anal intercourse is declared a capital offense in Iran's Islamic Penal Code, enacted in 1991. After international backlash, in May 2019, the Sultan of Brunei explained that a "de facto" moratorium on the execution of the death penalty has been in force in the country for the last two decades.
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The sharia category of zina (illicit sexual intercourse), which according to some traditional Islamic legal schools may entail the hadd (sharia-prescribed) punishment of stoning, when strict evidential requirements are met. Sources cited by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGBTIA) indicate that there is a "broad consensus amongst scholars that execution was the appropriate punishment if homosexual acts could be proven". A new Penal Code enacted in February 2018 explicitly criminalises same-sex sexual conduct. Further information: LGBT rights by country or territory, LGBT in Islam, Capital punishment for adultery, and Sharia § IslamizationĪs of July 2020, the following jurisdictions prescribe the death penalty for homosexuality: