المثلية الجنسية في نطاق القانون الجنائي : (دراسة مقارنة)‎

الملخص EN

Homosexuality is considered a perverted phenomenon that is not modern, but rather dates back to the ancient human society, and accordingly homosexuality is a special term for sexual relations with individuals of the same sex, regardless of the parties to that relationship.

Two women are called in this case (sexuality) or female homosexuality, and since homosexuality is an exceptional phenomenon in society that deviates from the usual frameworks in sexual relations, there must be reasons based on it, perhaps the most prominent and important of which are psychological, environmental, emotional, biological or hormonal causes.

This phenomenon was known in the past among the people of Lot, and it was described in several places in the Holy Qur’an in Surat Al A’raf, Al-Naml, Spider, Al-Hijr and Hood.

To our present time in Iraqi society, the noticeable increase in its spread has increased, and as a result of the moral and behavioral danger of this phenomenon to the individual and society in general, legal systems have emerged that oppose and reject this phenomenon and have been dealt with by a special legislative approach through punitive texts on those who commit it or It is initiated to commit it in the form of clear punitive texts for the crime of homosexuality, after the availability of the elements of the crime (the material element and the moral element) such as Kuwaiti Penal Code No.

16 of 1960 and the Algerian Penal Code issued by Decree 66 on June 8, 1966.

Some legislation that apply Sharia have been tightened The Islamic penalty for homosexuality amounts to stoning to death, as is the case in Saudi Arabia and Mauritania, while we find that the Iraqi legislator only criminalized sexual behavior and did not consider voluntary homosexuality of adults as a crime.

The same, and the phenomenon of (lesbianism) was not defined or included in criminalization as an abnormal sexual practice between females, and on the other hand, there is a legal group supporting and defending homosexuality, and any combating these practices and preventing them is a violation of the right to privacy and the right to non-discrimination as is the case In England, France and the United States, and in order to understand the subject, we divided it into three sections.

The first topic came under the title of the concept of homosexuality, its causes and the history of its emergence and emergence, in three demands.

Similar to it and in the second demand we explain the causes of homosexuality, as for the third requirement, we have devoted it to explaining the history of homosexuality and the development of its emergence.

As for the second topic, the title of the pillars of the crime of homosexuality and the consequences thereof were singled out for it, and we treated in the first requirement the pillars of the crime of homosexuality and its initiation And we devoted the second requirement to explaining the effects of homosexuality.

As for the third topic, it came under the title of the legal systems’ position on homosexuality, and we singled out the first requirement under the title of the legal systems’ position.

The unselfishness of the opposition and rejecting homosexuality, and we devoted the second requirement to clarifying the position of the legal systems in favor of homosexuality.