Dear Frank: An Advice Column for the Legally Perplexed: Honor Killings Have Drawbacks Even Under Sharia Law

Firouz Shahbazi:

Dear Mr. Frank; I want to shoot my next-door neighbor. How do I get away with it, and will jury nullification help?

Dear Aspiring Defendant,

First-degree murder is a felony punishable by life imprisonment or the death penalty in the United States.

If you’re experiencing conflict with your neighbor, there may be other equally efficacious legal remedies: civil restraining orders, nuisance complaints, mediation services, police intervention for harassment, and civil lawsuits for property disputes.

Regarding jury nullification: while jurors can legally acquit despite evidence of guilt, it may be inadvisable to rely upon it as a “strategy.”

The murder of your neighbor, even if the jury acquits, would still be preceded by your arrest, prosecution, and likely conviction.

What is the actual issue with your neighbor?

Firouz:

I am a citizen of Iran, and the offender has committed adultery with my wife. Under Sharia law, this is illegal.

Dear Cuckolded in Tehran,

Adultery (zina) is indeed a criminal offense punishable by death under Iran’s Islamic Penal Code. However, as a private citizen, you do NOT have the legal authority to carry out punishment yourself.

Qisas (retribution) laws would apply to YOU if you harm someone, meaning the victim’s family could demand your execution. The end result might be the death of your neighbor and your own death. In American law, we call that nudum pactum.

A possible alternative approach would be to file a criminal complaint with local authorities. To prove adultery under Sharia, you would need four witnesses or a confession. Report to local police or the prosecutor, allow authorities to investigate, and let the Islamic court impose punishment if guilt is proven.

Keep in mind that both parties to adultery face prosecution. The law does not distinguish based on “who led whom astray.” Your wife would also face charges. So if you are looking for a two-for this might be a good option.

Firouz:

You’re saying that I can’t even kill my adulterous wife and the man who fornicated with her in Iran?

Dear Incredulous,

You WOULD face prosecution for murder (qatl-e amd—intentional murder). There WOULD be a trial. Iran does NOT use jury trials. Judges or panels of judges trained in Sharia law preside.

The Qisas (Retribution) Law applies: The victim’s family has the right to demand qisas (your execution), or they can accept diya (blood money) instead. The court cannot simply acquit you.

Possible mitigating factors exist—catching them “in the act” (talabbus) may reduce your sentence, and Article 630 of the Islamic Penal Code recognizes “honor” as a mitigating factor—but even with mitigation, expect some prison time. Only you can determine if it is worth it.

Firouz:

But I would be willing to pay blood money—and I think my neighbor’s family doesn’t like him anyway, so they would take the cash.

Dear Optimist,

Blood money (diya) is NOT guaranteed:

The victim’s family has the RIGHT to refuse diya and demand qisas (your execution). Your assumption that they’ll “take the cash” is a gamble. Even if they agree, they can change their minds or worse, haggle over the price.

You’d be surprised how many people inflate the value of their kin once they are dead. I’ve seen cases where some shiftless adulterer who was not worth two cents alive, was suddenly after he was honor-killed worth a fortune to the “grieving” family who bump up the price. Verbal agreements are no good. And there is a risk in signing a blood money contract in advance—a court may nullify it. I’d hate to see you blow your hard-earned money on an extortionate price hike by the family.

Plus: You need BOTH families to accept diya. If even ONE refuses, you face execution. Nothing would be worse than one family accepting blood money, you pay it, you think you’re in the clear, then the other family wants death.

Even if both families accept diya, the judge still determines your sentence. You could still face 3-10 years, plus ta’zir (discretionary punishment). Diya amounts are substantial—currently around 740 gold coins equivalent. You’d pay for TWO deaths, plus legal fees, court costs, and prison time.

Is she worth it?

Firouz:

What if I challenge the adulterer to a duel? He’s dumb enough to accept, and I can beat him at the draw. Is mutual combat a legal way to settle this affair of honor? I would be satisfied to simply disfigure my wife to bring back my honor and her family’s honor, though her parents are poor and could use the blood money.

Dear Duelist,

Unfortunately, duels are illegal in Iran. There is no “mutual combat” exception in Iranian law. You would still face murder charges (qatl-e amd).

As for disfiguring your wife: You would face charges for intentional battery/assault (ضرب و جرح عمدی). Qisas applies to intentional injuries—she or her family can demand equivalent injury to you (eye for eye, etc.) OR financial compensation (arsh/diya). You would also face additional criminal penalties from the state under Article 619 of the Islamic Penal Code.

I should note that qisas is particularly unfair to men in this regard. Say you cut off her nose. She demands equivalent retribution. Now you’re both noseless—but she has the option to hide her disfigurement beneath a veil, while your ugly face (made considerably uglier without a nose) is on permanent display. Granted, there are prosthetic noses, but like toupees, they always seem a little off.

Firouz:

What penalty do the fornicators—my wife and my neighbor—get if I do prosecute?

Dear Finally Asking the Right Question,

The penalty depends on their marital status.

If both are married (zina-e mohsen): Rajm (stoning to death) applies when a married person commits adultery.

If an unmarried person is involved, the unmarried party faces 100 lashes; the married party still faces rajm.

Your wife specifically (as a married woman) faces rajm (stoning) if convicted. Your neighbor, if he is married, also faces rajm.

However, the prosecution must prove zina with either:

Option 1: Four Witnesses. Four adult Muslim men of good character who directly observed penetration (not just suspicious behavior), all of whom must testify consistently.

Option 2: Confession. The defendant must confess four separate times before a judge, must be voluntary and not be coerced, and the defendant can retract at any time (which dismisses the case).

That’s a real flaw, but just when you’re getting to celebrate, she can up and recant, and instead of getting stoned to death, she literally walks free. Don’t be fooled by a fickle woman’s confession. Just when you think they are finally doing the right thing, they spoil it by recanting, sometimes just as the stones are about to be thrown. Do not depend on a woman going through with a confession.

Many zina cases do not result in conviction because evidentiary standards are difficult to meet. Circumstantial evidence (texts, photos, witnesses seeing them enter a room) is legally insufficient.

And here’s the risk: You may face qadhf (false accusation) charges yourself. The qadhf penalty is 80 lashes for a false adultery accusation.

People who have experienced it report that 80 lashes sting like hell. The procedure is administered by judicial authorities, with the convicted person typically standing or restrained. The lash is applied to the back and shoulders, distributed across the body to avoid concentrating damage. Recovery time: typically 1-2 weeks of discomfort.

My recommendation: Obtain a divorce citing adultery. You don’t need four witnesses for divorce—you can use circumstantial evidence. You retain your mahr (dowry) and financial rights. You avoid the risk of qadhf charges. And you remain free.

From a pure cost-benefit standpoint, the divorce option where nobody gets lashed or stoned is sometimes the most efficient.

Have a legal question? Write to Dear Frank. All correspondence should not be construed as legal advice—especially regarding honor killings.

Frank Parlato

Frank Parlato is an investigative journalist, media strategist, publisher, and legal consultant.

Frank Parlato

Frank Parlato is an investigative journalist, media strategist, publisher, and legal consultant.

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