Jan 17, 2023
During the recent uprising of Iranian people and the attention of non-Persian international media to its events, many questions and ambiguities have been created in the minds of the global audience about its various aspects, including the meaning of some terms.
One of these terms that has become associated with the killing of protesters by the government is the word Hiraba or Moharebeh. Although in English it is correctly translated to "waging war against God", this translation alone is not able to explain this term, its origin, and its role in the constitution of the Islamic regime and the execution of the convicts.
In Islamic Jurisprudence
Hiraba is a capital crime in Islamic jurisprudence and law, which means pulling a weapon on people with the intention of scaring them. According to the Quran, a person who threatens people's life and/or property through robbery inside or outside the city with a weapon is waging war against God and His Prophet.
The punishment of Hiraba is determined based on a verse of the Quran in Islamic jurisprudence:
“Indeed, the penalty for those who wage war against Allah and His Messenger and spread mischief in the land is death, crucifixion, cutting off their hands and feet on opposite sides, or exile from the land.” – Quran 5:33
“Corruption on Earth”
Another term that often comes next to Hiraba these days is "Corruption on Earth". These two terms are very similar to each other and have a common root in Islamic jurisprudence. Those who are convicted of Hiraba are convicted of “Corruption on Earth” too, but if their action is not armed, they won't be convicted of Hiraba.
In The Law of The Islamic Republic
Shortly after the Islamic regime took power in Iran in 1979, this sentence was issued by the Sharia ruler of the Revolutionary Court (Sadegh Khalkahli) for many officials of the former regime, including the Shah himself. Farrokhroo Parsa, a physician, educator, parliamentarian and former minister of education was executed on this charge.
According to the Islamic Penal Code in Iran, the the following crimes are considered as Hiraba:
Using any kind of weapon to scare people.
Disrupting security of the society through armed robbery or roadblocking.
Planning to overthrow the Islamic government.
Being a candidate for one of the main positions in a coup.
Forming or leading or being a member of a group or crowd with the intention of disrupting the security of the country.
In 2007, the Islamic Parliament approved a law that will also consider the [unarmed] crime of reproduction and distribution of pornography as Hiraba.
During the recent uprising, the Islamic regime has used "Hiraba" and "Corruption on Earth" to suppress the protesters and so far has executed 4 people on this charge. May Mohsen Shekari, Majidreza Rahnavard, Mohammad Mahdi Karami and Seyed Mohammad [Kian] Hosseini rest in power.