تجريم الشذوذ الجنسي بين الحرية الجنسية و حماية الأخلاق : دراسة فلسفية قانونية مقارنة

Abstract EN

Homosexuality is any behavior that is carried out with unnatural sexual motives, whether it is in the form of sodomy, lesbianism, incest and other forms of perversion.

he made an exception to it, which is the criminalization of marital and incestuous fornication, rape, sodomy and lesbianism in the absence of consent.

therefore, the reason for criminalizing perverted acts is morality, and the reason for criminalizing other sexual practices outside marriage is sexual freedom.

the perverted sexual act is criminal and it is not permitted or excluded from it at all because it contradicts human nature and the common sense of man, while the philosophy of criminalizing adultery in Islamic sharia is the preservation of offspring.

from the mixing of lineages.

all sexual practices outside marriage are criminalized.

it was noted that most Arab penal laws, including the Iraqi penal code, have limited the scope of criminalization to assault on honor and public morals in a narrow scope, and the recognition of sexual freedom for individuals on a large scale.

that, and the philosophy behind it lies in the fact that the narrowing of natural sexual practices leads to the widening of the scope of homosexual acts.

therefore, the scope of sexual practices should not be limited to permanent marriage only, but rather take into account what the Islamic jurisprudence schools have taught and allow interrupted or misyar marriages in order to eliminate homosexuality, because instincts are basic needs that are not imprisoned, but must be codified in a manner that preserves the internal public order of the state and morals.

and public morals.