AP, 9 March 2010: A traditional Islamic concept about protecting the faith and its followers has become a judicial weapon for Iran’s rulers: charging opponents as so-called enemies of Allah with the threat of possible death sentences. Iran’s accusations of “moharebeh” — literally “waging war” in Arabic — have opened deep rifts between ruling clerics and Islamic scholars questioning how an idea about safeguarding Muslims can be transformed into a tool to punish political protesters.

The outcry increased last week after an appeals court reportedly upheld the death sentence for Mohammad Amin Valian, a 20-year-old student convicted of moharebeh crimes, which Iran’s legal code defines as “defiance of Allah” — or the state — and punishable by hanging. . . .

. . . . On Sunday, Iran’s semi-official ILNA news agency reported that a former Tehran University dean, Mohammad Maleki, was charged with moharebeh for alleged contact with unspecified foreign groups and working to undermine the Islamic system. In January, Iran hanged two men on moharebeh offenses — convicted of plotting to overthrow “the Islamic establishment” and planning assassinations and bombings. They were arrested months before the June election, but were brought before judges last summer in a trial of more than 100 pro-reform activists and politicians. Some were sentenced to death, while more than 80 received prison terms ranging from six months to 15 years.

A hard-line cleric, Ayatollah Ahmad Jannati, described the executions in ominous terms in a nationally broadcast sermon in January. “If you show weakness now, the future will be worse,” Jannati said. “There is no room for Islamic mercy.” . . . .

. . . . The concept has its roots in a Quranic verse that calls for death, maiming or banishment for those who “wage war” against Allah, the Prophet Muhammad or bring corruption into society. Many Islamic scholars interpret the references to acts that defy universal codes such as intentionally killing civilians during warfare or causing random destruction.

Iranian authorities, however, have pushed the meaning to cover any challenges to the stability and survival of the Islamic state — built largely around the idea that Supreme Leader Ayatollah Ali Khamenei is divinely empowered. “Iran’s leaders use the Quran as the cornerstone of their rule. They also are using the Quran to justify the punishment of those challenging the existing order,” said Azzam Tamimi, director of Institute of Islamic Political Thought in London. “In this sense, Iran’s leaders see no contradiction.”

Blurring religious and political muscle is not new in the region, with the Taliban using Islamic law to rule Afghanistan until being ousted after the 9/11 attacks. But Iran’s case has evolved in a distinct way: starting as a political clash over disputed elections and gradually turning into a defense of the Islamic Revolution. . . .

♦ CI CENTRE COURSE: 1700–Fundamentals of Iran Training Program — 1701: Crossroads of Conflict in the Middle East, 1702: Iranian Terrorism and Counterintelligence in the Modern Age