“Sab” in the dictionary means cursing. (Dehkhoda Dictionary) However, in other dictionaries, “sab” is also mentioned as meaning condemnation and damnation. (Moein Dictionary)

Cursing the Prophet (Islam’s messenger), cursing the infallible Imams (twelve pure Imams), and cursing the infallibles (the Prophet, the twelve Imams, and Fatima Zahra, the daughter of the Prophet) as well as cursing the Prophet’s mother (Hazrat Aminah) and Halimah (the Prophet’s nurse) who are also included in the ruling of cursing the Prophet, are all subject to the punishment of death.

In the Penal Code, before the new Islamic Penal Code (approved in April 2013), the only mention of blasphemy was in Article 513 of the previous Islamic Penal Code. However, the Islamic Penal Code consists of five books, and in April 2013, except for the punishments, the rest of the Islamic Penal Code was changed. In the second book of the new code, under the title of “Hudud”, in the fifth chapter and Article 262, blasphemy was considered a legal crime. Although in the book of “Tazirat”, according to Article 513, the crime of blasphemy and its punishment of execution was implicitly mentioned. However, in the new code, Article 262 has been elaborated on in detail and in a separate chapter, discussing the crime, its conditions, and cases of exemption from punishment.

Article 513, which before the enactment of the new book of criminal presumption was the basis of legal blasphemy against the Prophet, states: “Anyone who insults the sanctities of Islam or any of the great prophets or infallible Imams (AS) or Lady Fatimah al-Zahra (SA), if subject to the punishment of blasphemy against the Prophet, will be executed, and if not, will be sentenced to imprisonment for one to five years.”

With the amendment of the Islamic Penal Code in Ordibehesht 1392 (April-May 2013), under the chapter of “Hudud” (prescribed punishments), Article 262 states: “Article 262: Anyone who insults or slanders the Holy Prophet (PBUH) or any of the divine prophets, is considered an apostate and will be sentenced to death.”

Note: Insulting any of the infallible Imams (AS) or Lady Fatima (SA) is considered equivalent to insulting the Prophet (PBUH).

As it is noticeable, there is no difference between articles 513 and 262 and only in article 513, Islamic sanctities have been mentioned as examples that are subject to the punishment of blasphemy, while in article 262 insulting Islamic sanctities is not considered as blasphemy. However, since article 513 is part of the Book of Punishments and the Book of Punishments is the only book among the five books of Islamic Penal Code that has not been repealed by the new law, it can be concluded that insulting Islamic sanctities is still subject to the punishment of blasphemy.

Although there are differences among the scholars of Islam and Shia in terms of counting and identifying the instances of Islamic sanctities, the question remains that considering the necessity of clarity in criminal laws as the main principle in penal law, how is it possible for the instances of a crime to remain uncounted and only be expressed in a general and ambiguous manner, relying solely on the differences of opinions?

Barry, Article 513 does not go beyond the definition of insulting the Prophet, while Article 263, which comes after Article 262 and contains the crime of insulting the Prophet, provides exemptions for cases where the crime of insulting the Prophet does not apply. Article 263 states that:
If the accused claims that their statements were made under compulsion, ignorance, mistake, or in a state of intoxication, anger, slip of the tongue, or without paying attention to the meanings of words or quoting from someone else, it will not be considered as insulting the Prophet.

Note: Whenever a person is in a state of drunkenness or anger, or, as reported by someone else, insults someone, it is punishable by up to seventy-four lashes. Article 263 is not a new regulation, and what it states is an indication of the importance of the holy Sharia as the source of inspiration for criminal laws in Iran after the 1979 Revolution (according to Article 4 of the Constitution) to prevent extravagance in taking the lives of human beings. This legal article is based on the principle of avoiding doubts, which means that any doubt in attributing this accusation to individuals will result in the subject of Islamic boundaries and, in this case, the insult of the Prophet being denied.

According to this legal provision and jurisprudential rule, a mere and absolute claim (a claim without the need for proof) by the accused that they made a derogatory statement in a state of anger (anger for any reason, even without reason), mistake, or colloquially speaking, in a slip of the tongue or quoting from someone else, should be accepted and the punishment of execution, as the punishment for insulting the Prophet, is reduced to a maximum of 74 lashes. (Of course, with such a claim, the punishment for insulting the Prophet is negated.)

Cursing the Prophet is a violation of divine rights and does not require a private complaint for prosecution, and the maximum punishment for this crime is subject to jurisdiction.

This crime, according to the Criminal Procedure Code (Law on the Establishment of Public and Revolutionary Courts – also known as the Revival of Courts Law), is under the jurisdiction of the criminal courts of the province and is accompanied by five judges (one chief and four advisors) due to the possibility of the death penalty. The Supreme Court of the country is the authority for reviewing the verdict.