Wife swapping from a criminal law perspective
Keywords:
wife swapping, elements of wife swapping, risks of wife swappingAbstract
The crime of wife swapping is one of the crimes that can only be committed with positive behavior, and positive behavior is represented by sexual contact between the two parties. As a result of the development and social contact between societies, this has led to the emergence of crimes and illegal acts, including (wife swapping), as it falls within the scope of criminalization in some cases after the direct text on it in the amended Anti-Prostitution and Homosexuality Law No. (15) of 2024, which criminalized those illegal sexual acts. In some cases where the text on the crime of wife swapping does not apply, the judiciary resorts to adapting the crime according to the most applicable penal text, as well as verifying the elements of the specific crime as the subject of the crime, such as consent, positive behavior, the consent of the other spouse, and eligibility, and the general elements of the crime, which are represented by both the supposed element of the crime and the material and moral element required by the Iraqi legislator for the legal description to apply to the crime.
References
Legal books:
1.. Dr.Jassim Khurabit Khalaf, Criminal Protection of Honor and Public Morality, 1st edition, Zein Legal Publications, Lebanon, 2020.
2.Salam Ismail Zaidan, Explanation of the Anti-Prostitution Law No. 8, Resolution 1988, 2nd edition, Encyclopedia of Iraqi Laws, Baghdad, 2013.
.3. Dr. Samir Aali, Texts on the Security State, 2nd edition, University Foundation for Universities, Publishing and Distribution, Beirut, 2008.
4.Saber Ahad Taha, Family System, Nahdet Misr Press, Cairo, 2000.
5. Dr. Abdel Hamid Al-Shawarby and others, Crimes against public morals in special laws and the Penal Code, Al-Maaref Establishment for Publishing and Distribution, 2009.
6. Kamel Al-Saeed, Crimes against morals, public morals and the family (a comparative study), 1st ed., Dar Al-Thaqafa for Publishing and Distribution, Amman, 1993.
. 7. Dr. Mahrous Nadar Al-Hiti, The General Theory of Social Crimes, 1st ed., Al-Sanhouri Library, Baghdad, 2011.
8. Dr. Mahmoud Ahmed Taha, Criminal Protection of Marital Relations, Dar Al-Fikr and Law for Publishing and Distribution, Mansoura, 2005.
9. Dr. Mahmoud Ahmed Bakr, Protection of Honor in Islamic Criminal Jurisprudence (A Comparative Study), 1st ed., Dar Al-Matbouat Al-Jami'ah, Alexandria, 2016.
10. Dr. Hashem Mohamed Ahmed, Criminal Policy in Crimes of Morals, Dar Al-Kotob Al-Qanuniyah, Egypt, 2017.
11. Dr. Hisham Abdel Hamid Farag, Sexual Harassment and Crimes of Honor, 1st ed., Dar Al-Watha’iq Press, Egypt, 2011. 12. Dr. Yasser Saqroum, Sexual Addiction, 1st ed., Dirham Series, Cairo, no publication date.
Theses and Dissertations
1.. Adi Talfah Muhammad Al-Rabita, The Marital Bond in the Accused Judiciary (Comparative Study), Master's Thesis, College of Law, Tikrit University, 2011.
2. Zahraa Mohsen Hussein Al-Hamami, Protection of Diversity for Personal Status, the Marital Bond as a Model (Comparative Study), Master's Thesis, Institute of Graduate Studies for Science, 2021.
Magazines and Periodicals
1.. Amna Faris Hamid Abdul Karim, General Standards for Legislative Drafting (Comparative Study), Al-Muhaqqiq Al-Hilli Journal for Legal and Political Sciences, Issue 4, Volume 9, 2019.
2. Hashim Muhammad Ahmad, Criminal Policy in the Crime of Prostitution, Comparative Study, Al-Rafidain Journal of Law, Volume 20, Issue 70, Volume 22, 2017.
Laws:
1.. Egyptian Anti-Prostitution Law No. 10 of 1961.
2.. Moroccan Penal Code No. 1.59.413 of 1962.
3.. Iraqi Penal Code No. 111 of 1969.
4. Amended Anti-Prostitution and Homosexuality Law No. 15 of 2024
