جريمة هتك العرض في الفقه الامامي والقانون العراقي (دراسة مقارنة)

Abstract

This study revolves around defining this crime and stating its provisions and the criminal punishment in the Imami jurisprudence and Iraqi law. In the first point, the research deals with the conception of the crime of indecent assault, its elements and and the criminal punishment in the Imami jurisprudence; it refers to any crime of rape or adultery or sodomy or their precursors which fall on the victim. As for the the concept of the crime, its elements and its criminal punishment in the Iraqi law. The Iraqi law defines the crime of adultery as: an immoral act that falls on the body of a specific victim. In fact, the Iraqi law imposes the most severe penalties on on this crime. The aim of the legislator is to protect the victim’s body against ant sexual practice which the victim does not like as well as to protect society and morals. If the offender has an intentional purpose and knows that his act is immoral in a massive way, that it is illegal and that the victim is not satisfied with  this act, the offender will be subjected to the most severe penalties stated by the Iraqi law. The criminal legislator gives this crime the character of criminalization and penalty. In conclusion, we present the results of the crime of adultery in the Imami jurisprudence and Iraqi law.