Moharebeh
Encyclopedia
Moharebeh (also muharebeh ) is the title of a crime in Islamic law
. Mohareb (محارب) refers to the perpetrator of the crime. Moharebeh has been translated in English language media sources variously as "waging war against God," "war against God and the state," "enmity against God."
Mohareb has been translated by English language Iranian media as "enemy of God". It is a capital crime in the Islamic Republic of Iran.
ic scholar Khaled Abou El Fadl, the root of "Moharebeh" — the verb and crime of "Hiraba" — in the Islamic context literally means "waging war against society" and in Islamic jurisprudence
traditionally referred to acts such as killing noncombatants ("the resident and wayfarer"), "assassinations, setting fires, or poisoning water wells," crimes "so serious and repugnant" that their perpetrators were "not to be given quarter or sanctuary anywhere." Another source states that the concept "has its roots in a Quranic verse that calls for death, maiming or banishment for those who 'wage war' against God."
According to journalist Brian Murphy, "many Islamic scholars interpret the references to acts that defy universal codes such as intentionally killing civilians during warfare or causing random destruction."
law, and is "usually used against those who take up arms against the state," and usually carries the death penalty. Between the early days of the 1979 Islamic Revolution
, when scores of former officials of the Shah and others were arrested and executed for moharebeh, and the 2009 election protests
, executions for moharebeh were rare, and usually applied against members of armed opposition/terrorist groups, Kurdish
separatists, or common criminals.
In recent years, Iranians executed after being charged with Moharebeh include Mohammad-Reza Ali-Zamani
(2010), Arash Rahmanipour
(2010), and Ehsan Fatahian
(2009). Others accused, charged or convicted of Moharebeh include Adnan Hassanpour
, whose sentenced to death for Moharebeh was overturned in 2008 on appeal. Shia cleric Hossein Kazemeyni Boroujerdi
, known for preaching that religion is separate from politics, was reportedly charged with Moharebeh in 2007 by Iran's Special Court for the Clergy, but had his sentence reduced to 11 years in prison after appeal.
Student demonstrator Mohammad Amin Valian
was sentenced to death for Moharebeh in 2009, a sentence overturned by an appeals court in March 2010. Most recently Mohammad Maleki
, the 76-year-old former dean of Tehran University has been charged with it for alleged "contact with unspecified foreign groups and working to undermine the Islamic system." In a February 2011 televised address before a group of clerics in the city of Qom
, cleric Ahmad Khatami
, senior member of the Assembly of Experts
, accused reformist presidential candidates Mir Hossein Mousavi and Mahdi Karroubi of Moharebeh as "leaders of sedition."
, an Iranian attorney and member of Center for Defense of Human Rights has argued that under Articles 86 and 89 of the Islamic Punitive Laws of the Islamic Republic of Iran, the accused must "either have engaged in armed confrontation or he must have been a supporter or a member of an armed group and must have committed effective [deliberate] actions on behalf of that organization." Conditions that have not been met by defendents such as Valian, who threw stones at militia members.
According to at least one journalist, the Iranian Islamic regime's use of moharebeh against 2009 election protesters has "opened deep rifts between ruling clerics and Islamic scholars questioning how an idea about safeguarding Muslims can be transformed into a tool to punish political protesters." Ayatollah Mostafa Mohaghegh Damad
has reportedly sought to "rally clerics to oppose the use of moharebeh charges against political protesters."
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
. Mohareb (محارب) refers to the perpetrator of the crime. Moharebeh has been translated in English language media sources variously as "waging war against God," "war against God and the state," "enmity against God."
Mohareb has been translated by English language Iranian media as "enemy of God". It is a capital crime in the Islamic Republic of Iran.
Overview
According to IslamIslam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic scholar Khaled Abou El Fadl, the root of "Moharebeh" — the verb and crime of "Hiraba" — in the Islamic context literally means "waging war against society" and in Islamic jurisprudence
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
traditionally referred to acts such as killing noncombatants ("the resident and wayfarer"), "assassinations, setting fires, or poisoning water wells," crimes "so serious and repugnant" that their perpetrators were "not to be given quarter or sanctuary anywhere." Another source states that the concept "has its roots in a Quranic verse that calls for death, maiming or banishment for those who 'wage war' against God."
The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter;
According to journalist Brian Murphy, "many Islamic scholars interpret the references to acts that defy universal codes such as intentionally killing civilians during warfare or causing random destruction."
Islamic Republic of Iran
The term is widely used by Iran's Islamic Judiciary, citing ShariaSharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
law, and is "usually used against those who take up arms against the state," and usually carries the death penalty. Between the early days of the 1979 Islamic Revolution
Iranian Revolution
The Iranian Revolution refers to events involving the overthrow of Iran's monarchy under Shah Mohammad Reza Pahlavi and its replacement with an Islamic republic under Ayatollah Ruhollah Khomeini, the leader of the...
, when scores of former officials of the Shah and others were arrested and executed for moharebeh, and the 2009 election protests
2009 Iranian election protests
Protests following the 2009 Iranian presidential election against the disputed victory of Iranian President Mahmoud Ahmadinejad and in support of opposition candidates Mir-Hossein Mousavi and Mehdi Karroubi occurred in major cities in Iran and around the world starting June 13, 2009...
, executions for moharebeh were rare, and usually applied against members of armed opposition/terrorist groups, Kurdish
Kurdish people
The Kurdish people, or Kurds , are an Iranian people native to the Middle East, mostly inhabiting a region known as Kurdistan, which includes adjacent parts of Iran, Iraq, Syria, and Turkey...
separatists, or common criminals.
In recent years, Iranians executed after being charged with Moharebeh include Mohammad-Reza Ali-Zamani
Mohammad-Reza Ali-Zamani
Muhammed-Reza Ali-Zamani was an Iranian activist working for the "Iran Monarchy Committee" or Kingdom Assembly of Iran, who was sentenced to death by an Islamic Revolutionary Court, in October 2009 for moharebeh — "taking up arms against Iran's Islamic system," — and executed on 28 January...
(2010), Arash Rahmanipour
Arash Rahmanipour
Arash Rahmanipour, was one of the two people hanged in early 2010 by Iranian regime after being convicted of waging war against God and attempting to overthrow the Islamic regime...
(2010), and Ehsan Fatahian
Ehsan Fatahian
Ehsan Fatahian was an Iranian Kurdish activist, who was executed on Wednesday, November 11, 2009, in Sanandaj Central Prison, after being sentenced to death by the Judiciary of the Islamic Republic, for allegedly being a member of the armed wing of Komalah. He was 28 years old.Fatahian was born...
(2009). Others accused, charged or convicted of Moharebeh include Adnan Hassanpour
Adnan Hassanpour
Adnan Hassanpour is an Iranian-Kurdish journalist who was sentenced to death in Iran in 2007 and reversed a year later. He is currently being re-tried on the capital charges of espionage and working with outlawed parties....
, whose sentenced to death for Moharebeh was overturned in 2008 on appeal. Shia cleric Hossein Kazemeyni Boroujerdi
Hossein Kazemeyni Boroujerdi
Ayatollah Seyyed Hossein Kazemeyni Boroujerdi is an Iranian Shia Muslim cleric who advocates the separation of religion and government and has been imprisoned several times by the Iranian government....
, known for preaching that religion is separate from politics, was reportedly charged with Moharebeh in 2007 by Iran's Special Court for the Clergy, but had his sentence reduced to 11 years in prison after appeal.
Student demonstrator Mohammad Amin Valian
Mohammad Amin Valian
Mohammad Amin Valian is an Iranian student who was sentenced to death for participating in a 28 December 2009 demonstration protesting the 2009 presidential election in Iran...
was sentenced to death for Moharebeh in 2009, a sentence overturned by an appeals court in March 2010. Most recently Mohammad Maleki
Mohammad Maleki
Mohammad Maleki is an Iranian academic and pro-democracy activist and former president of the University of Tehran....
, the 76-year-old former dean of Tehran University has been charged with it for alleged "contact with unspecified foreign groups and working to undermine the Islamic system." In a February 2011 televised address before a group of clerics in the city of Qom
Qom
Qom is a city in Iran. It lies by road southwest of Tehran and is the capital of Qom Province. At the 2006 census, its population was 957,496, in 241,827 families. It is situated on the banks of the Qom River....
, cleric Ahmad Khatami
Ahmad Khatami
Ayatollah Seyyed Ahmad Khatami is a senior Iranian Ayatollah, as well as a senior member of the Assembly of Experts. In December of 2005, Ali Khamenei appointed him as Tehran’s substitute Friday prayer leader.He was born in the town of Nīr, Northern Iran...
, senior member of the Assembly of Experts
Assembly of Experts
The Assembly of Experts of Iran , also translated as Council of Experts, is a deliberative body of 86 Mujtahids that is charged with electing and removing the Supreme Leader of Iran and supervising his activities.Members of the assembly are elected from a government-screened list of candidates by...
, accused reformist presidential candidates Mir Hossein Mousavi and Mahdi Karroubi of Moharebeh as "leaders of sedition."
Controversy
Abdolfattah SoltaniAbdolfattah Soltani
Abdolfattah Soltani is a well-known Iranian human rights lawyer, and spokesman for the Defenders of Human Rights Center, which was co-founded by the Nobel Peace Prize-winner Shirin Ebadi. He has twice been incarcerated in the Islamic Republic of Iran for political offences in 2005 and 2009...
, an Iranian attorney and member of Center for Defense of Human Rights has argued that under Articles 86 and 89 of the Islamic Punitive Laws of the Islamic Republic of Iran, the accused must "either have engaged in armed confrontation or he must have been a supporter or a member of an armed group and must have committed effective [deliberate] actions on behalf of that organization." Conditions that have not been met by defendents such as Valian, who threw stones at militia members.
According to at least one journalist, the Iranian Islamic regime's use of moharebeh against 2009 election protesters has "opened deep rifts between ruling clerics and Islamic scholars questioning how an idea about safeguarding Muslims can be transformed into a tool to punish political protesters." Ayatollah Mostafa Mohaghegh Damad
Mostafa Mohaghegh Damad
Ayatollah Seyyed Mostafa Mohaghegh Damad is an Iranian Shia cleric, and reformist who has been called "a leading instructor" in Iran's major seminary city of Qom...
has reportedly sought to "rally clerics to oppose the use of moharebeh charges against political protesters."