Penal policy towards crimes against the family in Iraqi laws and Islamic law

Abstract

Punitive policy as part of the criminal policy includes criminalization and punishment towards actions that harm the safety of the individual and the security of society and threaten its entity, and among those actions are the actions that occur against the family and the cause of its disruption. Analytical and comparative study. One of the most important results is that the Iraqi legislator has a punitive policy that is manifested in the various criminalizations and also the imposition of the necessary penalties that will impose prestige and correct the social course of the family, and this is consistent with the provisions and rules of jurisprudence in Islamic law, but the Iraqi punitive policy was not complete and fully effective. .Crimes against the family are among the most serious acts that are committed and pose a great danger to society and the family, as they lead to the disintegration of society and the family, so the law punishes the acts committed against the family, whether these acts are from inside or outside the family, as the crime of marital adultery and incest is punished Crimes of assaulting children and violating their rights, and that the Penal Code in general lays down broad lines for the role of each of the spouses towards one another and towards the children within the same family and its contribution to preserving the family as an institution that must be protected from every prohibited action aimed at its cohesion, stability and continuity, and specifying the penalties imposed on these Crimes and their suitability for these crimes and their ability to reduce these acts, and to provide optimal protection for society and the family. In this research, a number of crimes that fall on the family were addressed, including violating the formal and objective conditions for building a family, in addition to some of the crimes that occur on the person and money with the position of the Iraqi legislator Islamic law is one of those crimes and the penalties prescribed for each punishment.