
A moment with freshness and us, from yesterday to today/ Ali Kalaii
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Ali Kalai
Slowly, the path goes. Behind the path, rows of lines. Red and pink and sometimes a closed heart next to them. The surroundings or one of them have taken their arm under their arm to be able to walk. The order of the ruler, which was supposed to be only for the strong, now draws its own path in the form of lines to the face of every observer. An order has been executed. Whether it is a limit or punishment, it does not matter and has been whipped. The executioner is either after the next person or after the end or beginning of another day.
Whipping punishment is one of the accepted forms of punishment in Islamic penal law. The philosophies mentioned for this punishment include factors such as “the pain caused by the lashes removes the pleasure of the crime from the criminal’s body – it does not incur a high cost to carry out – it has a significant impact on reforming the criminal – and so on.”
Let us first define the principle of punishment and then compare the effects of this type of punishment with the definition of the principle of punishment. But what is punishment? “When a person (criminal) commits a crime, they face retribution and punishment for the crime they have committed. In other words, the society’s reaction to the crime committed by the criminal is punishment.” (1).
With a look at this definition and considering the effects mentioned above, it can be concluded that retribution in this law is punishment for crime and society, by prescribing retribution, is trying to treat the sick (criminal) and solve the problem of crime in the community.
But one question! Has whipping really been a solution, a treatment, and a punishment for criminals and offenders in Iranian society, Iranian culture, and specifically in the past of Iran? What role does whipping and the lash play in Iranian history as a form of discipline and punishment?
Emile Durkheim, the 19th century French sociologist who can be considered one of the founders of sociology, rejects any rational, profit-driven, coercive, and similar goals for punishment. In his view, punishment is the natural response of society to defend its fundamental values. Crime is an attack on social values, and punishment is the defensive response against it. The more widespread, deep, and sacred the values under attack are, the more severe the societal response will be.
Although we may consider the essence and nature of punishment as “revenge” in harmony with Durkheim, the influence of two dominant elements, government and religion, in forming the human government is undeniable, as religion plays a fundamental role in their life and is effective in giving meaning to their existence and the world. At the very least, it can be said that the issue of punishment, in its form and structure (here, the gallows), has a two-way relationship with the social context, and this relationship is undeniable.
But let us take a brief look at the history of Iran, from one religion to another, to search for the rejection of this punishment in Iranian history and culture, from yesterday to today. It is certain that a complete and logical research cannot be contained in one article. But this writing may be a step towards solving this issue, and if it can do so, it has fulfilled its mission.
Before Islam. The era of the presence of the pure religion of Zoroastrianism in the lives and world of Iranians. Iran before the invasion of the Arabs and during the time of great empires. From the Achaemenids to the Parthians and then the Sassanians.
Here and before entering, it must be reminded of the points. Whipping and torture were common punishments in that era in parallel civilizations, from Rome to Coptic Egypt. In fact, measuring the form of punishment in our pre-modern world with the values of human rights in the modern world is a wrong measurement and a failure to see the context of time and place. In fact, as Dr. Ali Shariati puts it, humans are trapped in the geography and nature, and must inevitably understand, comprehend, and analyze the issues of each time and place in the language of that time and place. Surely, the generalization of trans-temporal matters on the bed of evolved cultures is an unjust matter.
Vendidad is one of the modern books of the Avesta and discusses laws and regulations. This book is a surviving part of a collection of 21 books from the Sasanian era (3), and its attribution to Zoroaster the prophet is not accepted by some Zoroastrians. There are also theories about the beginning of the compilation of this book during the Arsacid era.
According to any fate, what is remarkable for us in this book is the prescription of various punishments. Punishments that may seem incomprehensible for our time, but were considered a serious crime in their time and according to the contents of this book. In this old book, laws for seven different levels of crimes have been considered for the punishment of whipping.
In one case, pulling a cloth over the deceased person’s body until it covers their entire body, a thousand lashes of one type and a thousand lashes of another type (horse whip and leather whip) are considered. This same punishment applies for covering the face and covering the feet, with 600 lashes of each type.
In addition, various punishments have been considered for killing a dog, from the guard to the herd dog, the most common of which is 1000 lashes, regardless of the type.
What is the narrative of the beginning of this book during the Arsacid era and what is the narrative of its contemporaneity during the time of Zoroaster the Prophet? According to the contents of this book, the punishment of whipping has been replaced with a common punishment (at least during the Sassanid era) and in fact, it was not an unbelievable or unattainable matter. It is necessary to remember that in the ancient world, human values, behaviors, and rights were defined based on the life and world of that time, and what we know today as modern civilization, human rights, and modernity cannot be generalized to that geographical and historical period. However, in pursuing the punishment of whipping in a historical journey (and based on the limited capacity of this article), we have at least come to the conclusion that the punishment of whipping, according to this book, was carried out with a special quality mentioned in this text during the Sassanid era.
But the role of history in Iran and 1400 years ago is serious and the history of Iran is divided into two periods, before and after that. The Arab invasion of Iran in the seventh century AD and the rule of the Rashidun Caliphate also changed the laws governing society. If until now the laws attributed to Zoroastrianism (Vendidad and what was mentioned) were in effect and punishments (including lashes) were carried out, from this time on, these lashes were replaced by the name of the new religion and were governed by the new laws, and the new punishments replaced the previous punishment system.
From now on, the punishment of flogging, also known as lashing, has been implemented as a religious punishment, both by believers in relation to religious crimes (referred to as “hadd” in religious literature) and by rulers in any areas where it is considered permissible.
In the Quran, the religious book of Muslims, in various sections, punishment is mentioned as a form of retribution. It is certain that with a form-content perspective and considering the interpretation of the text and related discussions about its revelation (this section is the author’s opinion), the form of punishments is subject to change based on time and place, and religious scholars among Shiites and Sunnis have often spoken about it. However, our focus here is only on the verses during the time of conquest by Muslims in different countries.
In verse 13 of Surah Fajr, the term “Sout” is mentioned in relation to the divine punishment that God will bring down upon the tyrants and corruptors.
In another place, however, this punishment is related to the issues of this world. In the second verse of Surah Nur, the verb “fajaldoo” and the noun “jald” are mentioned. This verse refers to the punishment for both men and women who commit adultery (illicit sexual relationships) and for each, one hundred lashes have been prescribed. Furthermore, in the fourth verse of the same Surah, the punishment for falsely accusing a woman and the inability to prove adultery is eighty lashes for women. In the Quran, we can also add the punishment of eighty lashes for drinking alcohol.
In addition, a whip is also “a leather or rope instrument used for driving horses, punishing wrongdoers, and similar purposes, also known as a lash or a crop”. (6).
So in the new religion of Islam, there is also the punishment of flogging for certain crimes, and Muslim rulers also carry out this punishment.
If we accept the assumption that religion in Iran, due to its historical presence and emergence over thousands of years, acts as the backbone of culture in this country (although believers also believe in the acceptance of this cultural presence, for the gems beyond culture, in which the elements of time and place play a role), then it can be logically concluded that punishments, actions, and what religion (in its history) has considered as punishments for sins and crimes, also have a direct impact on the general culture of the people of a land. (7).
Based on what has been said, at least since the Sassanid era, both in terms of the reading of the Zoroastrian religion and in the actions of Muslim rulers after the Arab invasion and the presence of Islam in Iran, the practice of corporal punishment has been used in relation to various crimes.
In the Shahnameh, the great and esteemed poet, Abu al-Qasim Ferdowsi, who stood up for the Persian language after numerous invasions on Iranian land, one of the results of his valuable efforts is the use of his words and language as a means of punishment and dealing with enemies. The mention of his words in the story of Bahram in the Shahnameh is just one of the many instances of his presence and significance in this valuable work.
For example, Bijan, the son of Giv, strikes his child with a mace and gives him a warning about war and its relation to thought. Or the story of the maces that Bahram leaves behind and wants to bring them to the heart of the Turks. (8).
Or in the chapter related to the reign of Bahram Gur, this great sage says:
That this breeze blows towards the gate.
Come to a place where there is passage.
Hold one branch up high at the door.
One should not seek shelter from the wind.
From now on, see until it comes from the way.
Do this so that the freshness remains.
God bless your home.
He swung that slope of the king from the tree.
He used to look at it at some point.
It came from the path of the sick army.
Anyone who sees this orange.
Praise be to Bahramshah, may he prosper.
Avoiding punishment in the history of Iran and by rulers is not a difficult task. In the travelogue of Adam Olearius, a German, in relation to the Safavid era, he mentions a case of whipping butterflies on the heads and faces of people as he passed through them. This shows that the use of whipping as a punishment and means of maintaining order has also been elevated among Iranians.
This is not a complete sentence, so it cannot be translated accurately. Please provide the full text for translation.
Public flogging during the late Qajar period – a picture of a young person and history.
During the reign of Mozaffar al-Din Shah and the Constitutional Revolution, due to the increase in sugar prices, Alauddoleh, the ruler of Tehran, orders the closure of markets; whips that have been reported to have up to 500 lashes. (9) Also during this time, images of men being whipped in public and even women being whipped while tied to a pole exist, which narrate the severity of that era. Whipping was not seen as something strange, but rather as a disciplinary tool for punishing and dealing with profiteers and those who engaged in politics (punishing) belonging to lower social classes.
The story of whipping political opponents in the prisons of the Pahlavi era is also a well-known matter, and even Mr. Ahmad Farasti, one of the operational leaders of the third division of SAVAK during the Pahlavi era, has confessed to being whipped on the soles of his feet for confession. (10) Of course, the accounts of other political prisoners during the Pahlavi era regarding whippings are much more than the words of Mr. Farasti, but it is enough for us to know that whippings were present in the Pahlavi era, even in dealing with political opponents.
In the era of the Islamic Republic, the narrative of flogging is a narrative of pain that encompasses all spheres. From political prisoners in prisons (especially in the 1960s) to ordinary prisoners accused of drinking alcohol or committing adultery and other acts, they have not been spared from the government’s floggings under the ruling system.
But in the Islamic Penal Code of the Islamic Republic, there are two types of lashes that are applied, which are known as “hadd” and “ta’zir” lashes. Hadd lashes can be traced back to a specific amount in Islamic jurisprudence. The punishment of eighty lashes for drinking alcohol is one of them, which the judge cannot decrease or increase.
“متن فارسی”
“Farsi text”
Peyman Aref, a political activist who was arrested after the 88 elections and received 74 lashes as punishment.
But another type of punishment in the Islamic Republic system, which is used in prisons and especially against political prisoners on one hand and against ordinary people under the pretext of maintaining order and dealing with certain crimes on the other hand, is called “ta’zir”. The type and number of lashes and their determination are the responsibility of the legislator, and the number (considering the minimum and maximum) is the responsibility of the judge. Although this law and its minimum and maximum are not followed in relation to political prisoners and cannot be enforced, whenever there is a confession, this wave of lashes mercilessly destroys the physical and mental well-being of the prisoners. Mohseni Ejei, the country’s chief prosecutor, said in 2010 that 61 people were sentenced to lashes in post-election detentions in 2009. The lashes of Somyeh Tohidlou and Peyman Aref, two political activists who were arrested after the elections, were carried out to serve as
But the use of the whip does not end only with punishment by rulers. The whip, along with other forms of discipline, has also infiltrated into our family upbringing, the organization of our schools, and all aspects of our cultural life.
Those born in the 1960s and earlier, have mostly experienced dealing with the belt of their father or an older male family member. A belt that was used as a whip whenever there was a mistake or deficiency in the child or family member. It was not considered shameful and was seen as a disciplinary and educational tool. In recent years, the issue of non-violent discipline has been raised. However, in small towns where this culture of non-violent discipline has not yet flourished, it is still possible to see and sometimes witness the use of belt strikes on a child’s body for discipline or education purposes.
Born in these decades, the “snakes”, “sticks”, and wooden and metal “rulers” were also the regulators and other factors of order inside schools. They did not forget the rough encounters in the schoolyard and during break times, by the school officials. The snakes that would whip down on the children’s bodies and were supposed to lead to punishment, like the Safavid or Qajar era. We can refer to the oral memories of children of those days, who are now young and middle-aged, as well as the elderly. The wooden sticks of trees that were well soaked in water to be used as a disciplinary tool in hot and cold weather.
This is a caption for an image.
In the 1960s and before, punishment of students using tools such as a cane and belt was very common in schools across the country.
But in the first three months of this year, it seems that the judicial system and security forces of the Islamic Republic of Iran have decided to revive this long-dormant tradition and once again whip and punish the people, just like their ancestors did in past eras and centuries. 444 lashes for blogger Savaheye, whipping for workers in Bafgh, whipping 17 miners in Agh Darreh, and then 3465 lashes for 35 arrested girls and boys at a party, all for the sake of “teaching a lesson”. These are just a handful of the lash-centered news that have been circulating since the beginning of the current solar year. It seems that the rulers sitting on their thrones in the post-JCPOA era intend to deal with the people of Iran not through negotiations, but through force, whips, and spies.
Whipping and torture are not a new or unexpected phenomenon in our culture and history. Perhaps the efforts to distance ourselves from these two forms of punishment, especially in the cultural sphere, have not reached even two decades. Modernity and change are continuous processes and in the evolutionary journey of yesterday, they take shape by building today for tomorrow. We must be patient, but also emphasize on the principles of today, on human rights and the immorality and inhumanity of whipping and torture, so that step by step and slowly, this ugly habit also disappears from our society. Until slowly, instead of torture and violence, ethics and humanity and a treatment-oriented approach to the criminal replace a revenge-oriented approach, and until the day comes when whipping and torture will be seen as a highly ugly, wrong, and irrational act for all our people. It may not be too late for that day to come.
Resources.
1- Whipping punishment, and the website of the Legal Institute.
2- Javan Jafari, Abdolreza, Emile Durkheim’s Sociology of Crime, Iranian Society of Sociology website, August 2011.
3- The Collection of Eastern Holy Books, Translation of Avesta, Vendidad, Oxford University: 1880.
4- Osta Information Base, Din Kurd, Eighth Book.
5- The Collection of Eastern Holy Books, Translation of Avesta, Vendidad, Oxford University: 1880.
6- Definition of Freshness in Wikifagheh.
7- Regarding the elements of Iranian identity today and the role of religion and culture, according to Rajaei, Culture, the problem of Iranian identity today, Ney Publishing: 1392.
The story and biography of Bahram in Shahnameh, Aftab, 8 Khordad month 1392.
History of Iranian Chelo Kabab over time, Sun, September 29, 2009.
“Sawak”, Persian version of the popular program “Bigar Bibisi”, July 21, 2015.
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