The legal value of a corpse in Iraqi criminal policy: A comparative study with Islamic jurisprudence

Abstract

This study examines the legal and evidentiary value of the corpse in Iraqi criminal policy compared to Islamic jurisprudence, starting from the problematic balance between the sanctity of the deceased and the necessity of justice. The research's significance lies in characterizing the corpse as an indispensable, silent physical piece of evidence for proving the material element in homicide cases, establishing criminal intent, and determining causation. The study concludes that, under Iraqi law, the corpse enjoys a unique legal status that distinguishes it from a mere object subject to ownership, placing it within the framework of rights inherent to the individual, which are protected under criminal law. The study also highlights the role of forensic medicine in transforming biological data into conclusive evidence that resolves legal disputes, while emphasizing that contemporary criminal policy is increasingly adopting modern technologies (such as virtual autopsies) to minimize physical contact with the corpse, in accordance with the objectives of Islamic law in honoring the deceased and preserving their dignity.

The body derives its value in criminal policy from being the sole physical repository of the secrets of the crime committed. It is not merely physical remains, but a legal entity with a special nature, situated in the middle ground between the deceased's legal personality and objects that cannot be possessed. Recognizing the body as silent physical evidence compels the criminal justice system to treat it exceptionally, transcending the rules of ordinary possession, thus transforming it into the "body of the crime," a living testament to scientific truth. This necessitates first establishing its legal nature and recognizing it as technical evidence, and then proceeding to analyze its probative value in determining causation and criminal intent. These two pillars form the foundation upon which certain judicial conviction is built, as legal truth cannot be separated from the biological data stored in the tissues and remains.