قصور التشريع الجزائي العراقي في معالجة إباحة الزنا و البغاء : دراسة مقارنة في القانون الجنائي و الشريعة الاسلامية

Abstract EN

It is no secret that moral crimes play a significant and important role in negatively affecting the life and cohesion of society, especially the crimes of adultery, prostitution, incest and the like.

and effective judgment.

From here, the crime of adultery in Islamic law differs from it in man-made laws.

Islamic law considers all forbidden intercourse to be adultery and punishes it, whether it occurs from a married or unmarried woman.

As for man-made laws, not every forbidden intercourse is considered adultery, and most of them are specifically punished for adultery committed by spouses.

Only like Iraqi law and Egyptian and French law, and otherwise it is not considered adultery (under the name of adultery), but rather sexual intercourse, rape or indecent assault.

The Iraqi Penal Code and many comparative laws do not punish adultery, except in the case of rape and the promise of marriage.

If it is by mutual consent, then there is no punishment for it unless the consent is defective.

While Islamic Sharia punishes adultery as one of the hadd crimes that harms the entity of the group, as it is a severe assault on the family system, and the family is the foundation upon which the group is based, and because adultery is permitted to spread outrageousness, the adulterer only cares to fulfill his lust by practicing this indecency, and the adulterer Also, without caring for the family members or the group to which he belongs, and this leads to the destruction of the family and then to the corruption and disintegration of society.