Although legally recognized by the current Supreme Leader of Iran, Ayotallah Khamenei, Ayotallah Seyyed Yusef Madani Tabrizi, a respected clergyman, addresses gender reassignment surgery as "unlawful and not permissible by Shari’a." At the discretion of the Iranian court, fines, prison sentences, and corporal punishment are usually carried out rather than the death penalty (unless the crime was a rape).The charges of homosexuality and Lavat (sodomy) have in a few occasions been used in political crimes.Lesbian, gay, bisexual, and transgender (LGBT) persons in Iran face legal challenges not experienced by non-LGBT residents.Both male and female same-sex sexual activity is illegal.
If a person who has committed the lesser crimes referred to above repents before the giving of testimony by the witnesses, the punishment is quashed. The judge may punish the person for lesser crimes at his discretion.(Articles 127, 129, 130) The ways of proving lesbianism in court are the same as for male homosexuality.(Article 128) Non-Muslim and Muslim alike are subject to punishment (Article 130) The rules for the quashing of sentences, or for pardoning, are the same as for the lesser male homosexual offenses (Articles 132 and 133) Women who "stand naked under one cover without necessity" and are not relatives may receive a punishment of 50 lashes.Approved by the Iranian Parliament on July 30, 1991, and finally ratified by the Guardian Council on November 28, 1991, articles 108 through 140 distinctly talk about homosexuality and its punishments in detail: Sodomy (lavat) can in certain circumstances be a crime for which both partners can be punished by death.If the participants are adults, of sound mind and consenting; the method of execution is for the judge to decide. a rape), the punishment would only apply to the rapist.