عذر الاستفزاز في جريمة الزنا في قانون العقوبات البحريني : دراسة مقارنة

الملخص EN

The Bahraini legislator was prudent in counting the subject of provocation excuse in adultery a crime for the following reasons: The provocation excuse is a general legal excuse extended for all crimes , unlike most legislations that limit this excuse only to adultery and extend it to include every provocation excuse if the crime is committed, unlike most of legislations that limit it to the husband only.

Some other legislations restrict it to both spouses while some extend it to include origins and branch families.

Thus, the Bahraini legislator was prudent in this matter as to consider leading to : - Murder or assault leading to death or permanent disability for the adulterer or his partner or both once it is committed by the victim’s husband or any nearest relative or brothers of the victim which is considered an excuse to reduce punishment as agreed by most comparative legislators.

This is unlike the Islamic law and some few comparative legislations that consider it an excuse leading to exemption from punishment.

The researcher believes that the Bahraini and Egyptian Laws should conform to this Islamic rule that make it possible to free the culprit from punishment , while if committed by others , the accomplice may enjoy the general legal excuse.

- Dropping the right of the adulterer and his accomplice partner to use the right to self defense to encounter the victim’s husband , the nearest kin , parents or brothers in case they are assaulted.

This is despite the consideration of the husband’s act a crime in which the condition of self defense , one of the main conditions of lawful defense- is considered an excuse to reduce penalty.

The researcher is in support of this despite its consideration against the general rules to use self defense due to its illogical result thereupon ( the legal right of the adulterer and his partner to self defense).

We appeal to the Bahraini and other Arab legislators to consider this as a n excuse to be freed from punishment in conformity with the Islamic Jurisprudence.