Crimes are prohibited by law and God Almighty has forbidden them with punishment or punishment.
The punishment is the prescribed punishments that the law has determined in its place and stipulated in the Book of God or the Sunnah of His Prophet, may God bless him and grant him peace.
Ta’zir: These are the punishments that are left to the ruler to assess according to what he sees as preventing corruption on earth and preventing evil. Extrapolation has proven that all the provisions of Islamic Sharia include the interests of the people, and they are based on five matters: what is in it is preserving the religion, what is in it is preserving the soul, and what is in it is preserving the soul. It involves preserving the mind, preserving offspring, and preserving money. This is because the world in which man lives is based on these meanings without which human life is not available, and that God Almighty has honored man in this existence. God Almighty said: And We have honored the children of Adam and carried them on land and sea and provided them with good things and favored them over many of those whom We created with a great preference. (Al-Isra: 70)
This honor requires the availability of these five things, preserving them, and preventing any attack on them.
Preserving progeny means preserving the human species by regulating marriage, preventing attacks on marital life, prohibiting adultery and imposing a punishment for it, because that is an assault on the human trust that God has entrusted to the bodies of men and women, so that from them may be offspring and reproduction, which prevents the extinction of the human race and allows it to live. Stable and happy, and therefore the punishment for adultery and other punishments were set for crimes involving assault on offspring, and were in violation of the social dictionary. The punishment for adultery is obligatory in order to protect the goods from being lost, and because it is a great indecency and one of the great sins - which entails extremely serious harm to the individual and society from a psychological, physical, social, and economic perspective. The heavenly laws have agreed to prohibit adultery, and its punishment in Islam is one of the strictest limits due to it. From a crime against honor and lineage, and for harming the entity and safety of the group, as it is an assault on the family system, and the family is the foundation upon which the group is based, and because its permissibility is the spread of immorality, and this leads to the destruction of the family entity, the corruption of society, the rupture of its unity, its dissolution, and the collapse of the components of the nation, and Sharia is keen The utmost concern is for the group to remain cohesive and strong, free from social and other diseases. The view of Islamic law on the nature of this crime differs from the view of positive criminal law. Adultery in Sharia is a punishment crime stipulated in terms of criminalization and in terms of punishment. There is no difference between a married adulterer and an unmarried adulterer. Al-Muhassan (unmarried).
In statutory criminal laws, adultery is not considered a crime that automatically requires punishment, and the adulterer is not criminally liable, unless one of the spouses files a lawsuit. Accordingly, one of the spouses is not legally punished if the other spouse consents to him committing the crime of adultery, and he has the right not to file a lawsuit even if the adultery occurred without his consent, as it is A purely individual crime in law.
As for Islamic law, adultery is considered an assault on the right of society (the right of God or the public right). It is forbidden in and of itself, and consent has no effect in criminalizing the act or not. The threshold for adultery must be met even if the crime was committed by agreement of both parties. Whether they are married or not, unless one of them is forced and the crime of rape is committed with him. The punishment is not met for the one who commits adultery through coercion or rape. As for the adulterer and rapist, the punishment required for this crime is applied to the adulterer and rapist.
This punishment is not affected by the consent between the criminals, or the waiver or abstention of one of the spouses from filing the lawsuit, because the impact of the crime of adultery does not stop with the perpetrators, but rather its impact extends to the entire society.
The social contract represents a set of laws and determinants agreed upon by a group of individuals in order to organize society for the better.This agreement guarantees them to live in peace according to the pre-agreed laws, and on the basis of that, it represents the key to resolving the crisis relations between the state and society, and this is what prompted Iraqi society to move towards the formulation of a new social contract through popular protest movements in 2019.To overcome the old social contract that shook the trust between the state and society as a result of its negative outputs at various political, economic and social levels, and many problems emerged that hindered the process of building the social contra
... Show MoreThis study aimed to analyze and measure the relationship between oil revenues and financial sustainability in Iraq, the study used the stylistic approach inductive and deductive approach. Accompanied by the use of quantitative and analytical style, which was based on two variables oil revenues and net general budget on annual data covered the period (1990-2013). Among the most important findings of the study contain the time-series variables study on the root of the unit and is not stable in the general level, and become stable after the use of mathematical processors to gain access to a stable by taking the first difference of natural Ogartm of the series. The way (Johnson) to a long-term relationship between oil revenues and ne
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The research aims to enrich the subject of marketing deception, which is still in the concept stage at the level of the research sample and to allow future researchers to contribute to addressing the concept of marketing deception and linking it with other variables. The research problem is that is there a correlation between marketing deception and organizational reputation in Baghdad assets. What is the reflection of marketing deception on the organizational reputation in the assets of Baghdad? The research is concerned with shedding light on the reputation of the organization in terms of frequency of purchase, place of purchase, brand loyalty, and knowing the impact of marketing deception on these fact
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The theater has a living environment that resembles or realistically simulates the real life environment on the stage where we see the place, light and living being as elements representing a picture of the life scene and for a period of time the theater merely conveyed that image, but with the development of the world industrially and technologically, the perception of this picture has evolved with the emergence of intellectual progress where each part has advantages and Philosophical goals that are consistent with the evolution of form. The theatrical lighting, colors and landscapes have become parts in the composition of a new life component in form and content and based on the above this research is titled&nbs
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Many studies and researches related to the audio and visual medium have shed light on the creative process that has taken place through them as well as the aesthetic and artistic creation and have dealt with many fields of knowledge and creativity in this field of art, which managed to study and follow its intellectual and technical tools for creating achievements through this medium, in its forefront come the elements of the cinematic language, which is characterized by possessing multiple features of aesthetic and semantic employment to reach the recipient as it is a tool of the artistic expression that gives the material it deals with aesthetic and intellectual dimensions from various aspects. "The artistic expression cannot be achiev
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In this paper, a mathematical model consisting of a prey-predator system incorporating infectious disease in the prey has been proposed and analyzed. It is assumed that the predator preys upon the nonrefugees prey only according to the modified Holling type-II functional response. There is a harvesting process from the predator. The existence and uniqueness of the solution in addition to their bounded are discussed. The stability analysis of the model around all possible equilibrium points is investigated. The persistence conditions of the system are established. Local bifurcation analysis in view of the Sotomayor theorem is carried out. Numerical simulation has been applied to investigate the global dynamics and specify the effect
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Abstract: This article is a comparative analysis of the concept and types of homonyms in Russian and Arabic. Homonyms are lexical units that have the same sound but different meanings. The study of homonymy in different languages can help reveal the features of the semantic structure and syntactic rules of each language. The article discusses the main aspects of homonymy in Russian and Arabic, as well as a comparative analysis of the types of homonyms that exist in both languages. The study includes an analysis of the semantic meanings of homonyms, their use in context, and possible differences in syntactic features that may affect their interpretation and perception by native speakers of these languages. The purpose of the article is to id
... Show Morethe study covered theoretical concering parial molal volume the applicability of jones-dole equation
Plant regeneration and cormel production was carried out from callus cultures initiated from White Prosperity and Priscilla Gladiolus Varities. It is aimed to produce plants and cormels in vitro all year round. The study included many experiments, these were the effect of Naphthalene acetic acid (NAA) and Kinetin (Kin) interaction on callus initiation, effect of Benzyl adenine (BA) on shoot regeneration from callus culture, effect of NAA on rooting after 30, 40 and 50 days in culture. The role of the type of agricultural medium (Peat moss or river sand and their mixture on plantlets survival after weaning was studied. Results showed that the interaction between NAA and Kin induced callus on axillary bud explants. Callus was best ini
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Background: Oral Lichen planus (OLP) is a T-cell mediated chronic inflammatory oral mucosal disease of unknown etiology. Recent studies have reported an increased oxidative stress and lipid peroxidation in such patients. This suggests that reactive oxygen species may have a role in the pathogenesis of lichen planus. Oxidative stress in OLP release molecules consisting of granzymes resulting in local tissue damage in the effectors. Antioxidants that can defend against oxidative stress in the body cells include enzymes, as well as non- enzymatic antioxidants, such as melatonin, uric acid, vitamin A and E. Purpose: To study the level of salivary vitamin E and uric acid as antioxidant agents in patients with OLP and compared with healthy con
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