The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Sorcery and Magic from the Perspective of Islamic Jurisprudence and Iranian Criminal Regulations

Document Type : Research/Original/Regular Article

Authors
1 Assistant Professor, Department of Law, Faculty of Theology and Islamic Studies, Meybod University, Meybod, Iran
2 Master of Science in Criminal Law and Criminology, Faculty of Theology and Islamic Studies, Meybod University, Meybod, Iran
Abstract
In Islam, sorcery (Sihr) that is harmful to individuals or the faith is categorized as a crime and warrants punishment. Consequently, Iranian criminal laws, which are fundamentally derived from Islamic Sharia, must prescribe penalties for perpetrators of sorcery. This study addresses several key questions: Is sorcery considered a Hadd or Ta'zir crime in Islam? What is the prescribed punishment for a sorcerer (Sahir) according to Islamic teachings? Furthermore, under which legal articles can a sorcerer be prosecuted within Iranian criminal regulations? The findings of this research, conducted through textual analysis and library-based documentary studies, indicate a consensus among Shia jurists that the death penalty is applicable in two specific instances: when the sorcerer’s actions constitute Infidelity (Kufr), or when the sorcerer considers the act of sorcery to be religiously permissible (Mustahill). Beyond these cases, the majority of jurists still advocate for the death penalty. Conversely, a non-Muslim sorcerer is typically subject to Ta'zir punishment unless their act falls under a specific Hadd category. Regarding Iranian criminal law, although sorcery is not explicitly listed as a Hadd crime with a predefined penalty, Article 220 of the Islamic Penal Code (2013) provides a legal basis for prosecution. This article allows judges to refer to authoritative Islamic sources or valid fatwas to determine the punishment for a sorcerer in cases where the law is silent.
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Volume 30, Issue 111
Summer 2025
Pages 23-43

  • Receive Date 04 January 2024
  • Revise Date 02 October 2025
  • Accept Date 01 October 2025