The Legal Conditioning of Spouse Swap in Criminal Law
Keywords:
spouse swapping, sexual crimes, adultery, homosexualityAbstract
This research examines the legal status of spouse swapping under Iraqi law. The importance of this research lies in its treatment of a dangerous phenomenon that has emerged in society and its contravention of the Islamic religion and accepted norms. Spouse swapping raises significant problems in terms of its overlap with certain crimes under Iraqi law. Therefore, it was necessary to clarify the meaning of this crime and explain the difference between the crime of spouse swapping and other crimes stipulated in Iraqi law.
References
First: The Holy Quran
Second: Legal Books
1- Rashid Ali Al-Kilani, Paths of the Penal Code, Al-Ahali Press, 2nd ed., Baghdad, 1934.
2- Shilan Salam Muhammad, Criminal Treatment of Violence Against Women in the Family: A Comparative Analytical Study, Arab Center for Publishing and Distribution, Cairo, 1st ed., 2018.
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7- Imad al-Din Abi al-Fida Ismail Ibn Kathir, Tafsir Ibn Kathir, edited by Shu'ayb al-Arna'ut and Muhammad Anas Mustafa al-Khan, Vol. 6, Dar al-Risalah al-Alamiyyah, 1st ed., 2010.
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Fourth: Laws:
1- Iraqi Code of Criminal Procedure 1971
2- Iraqi Personal Status Law 1959
3- Baghdad Penal Code 1918
4- Iraqi Penal Code 1969
5- Egyptian Penal Code 1937
6- Minors' Care Law of 1980
7- Iraqi Anti-Prostitution Law No. 8 of 1988
Fifth: Judicial Decisions:
1- Court of Cassation Decision No. 2010/Criminal Panel/2020/T/967 (unpublished)
