أحكام حد القذف في الشريعة الإسلامية و القانون العراقي

الملخص EN

In this research we dealt with the limit of slander between Islamic Sharia and Iraqi law, and in it there are five issues, the first issue is the definition of libel in Islamic law, language and Sharia and its definition in Iraqi law, the second issue is the evidence of libel in Sharia and Iraqi law, the third issue is ways to prove slander between Sharia and Iraqi law, and the fourth is the conditions for the validity of testimony and the question Fifthly, the punishment for slander in Islamic Sharia and Iraqi law, and we have come to the conclusions that slander is reprehensible because of its bad consequences on the individual, society and nation, because it leads to spreading division among people, loss of confidence and the spread of vice, and that slander is forbidden in the Holy Qur’an.

Defamation was defined in Sharia, law, and language, and a statement that slander in Sharia is a lineage from fornication to adultery explicitly or as a metaphor.

As for the meaning of slander in the law, it is attributing the fact of any incident to a person that would cause the slandered to be inferior or contemptuous, whether it was insulting or detracting from his honor.

And that the biggest sins are from the vulva or the tongue, and that man-made laws do not deal with the principle of reward and punishment in the Hereafter, as is the case in Islamic Sharia punishes the perpetrator of the felony in the first in addition to the punishment of the hereafter, and this is claimed to deter the act of immorality and that the man-made laws punish the slanderer even if he is honest in what he says while the Islamic judiciary raises the limit for the slanderer if he is honest and imposes the punishment on the slandered.

Islamic law stressed the issue of testimony and made it difficult to collect conditions so that people would not be tempted to belittle others and that the law did not require the slanderer to have evidence unless the slandered had an important job in the state.

A spiteful person, not a holder of a grudge or an innovator or an innovator in Islam, while the Iraqi law did not specify the specifications of this witness and the majority of jurists have held that the limit does not fall by statute of limitations and this is the most likely opinion, and God knows best.

Among the sinners and the punishment of the slanderer in the law is imprisonment from one year or less and a fine set by law between one million Iraqi dinars and one to ten million the matter was entrusted to the judge in between these two Two fines If defamation, reason, or derogation is published in newspapers or any media source, it is considered an aggravating circumstance the maximum penalty shall be issued against the slanderer.