Negative crimes in Iraqi law and Islamic law

Abstract

This research focuses on "negative crimes in Iraqi legislation and Islamic law" because they are crimes of a special nature, whether in terms of initiation or contribution to them, or in terms of the elements that distinguish them, or the penalties imposed on their perpetrators.

The negative crime consists of several elements, namely, refraining from committing a certain positive behavior, the legal duty, and the voluntary nature of abstention. Therefore, like any other crime, it consists of a material element represented by the residuals, the result and the causal relationship, a moral element represented by the voluntary nature of abstention, and a legal element represented by the legal duty. However, despite the difference in jurisprudence in defining the negative crime, all the opinions of jurists revolve around certain axes of the negative crime, which is abstention or reluctance to commit a positive act that the law had imposed on him under certain circumstances, and that this act is within the ability of the abstainer. In addition, the initiation and criminal contribution can be achieved in negative crimes.

In Iraqi law, discretionary punishments and precautionary measures are an essential part of the criminal justice system. Discretionary penalties aim to punish and discipline criminals by imposing penalties such as imprisonment, financial fines, and personal restrictions, according to the type and seriousness of the crime committed.