Criminal Protection of the Family from Moral Crimes: Towards More Effective Legislation
DOI:
https://doi.org/10.64184/ajlps.V2.I4.Y2025.P937-952.247Keywords:
protection, family, moral crimes, legislationAbstract
This research addresses the issue of criminal protection of the family from moral crimes, highlighting legislative shortcomings in Iraqi law and emphasizing the need to update legal texts to ensure effective protection of family ties. The research relies on a comparative legal analysis of the Moroccan experience as a successful reform model. It presents the practical challenges and procedural gaps facing victims within the family, and concludes with a set of conclusions and proposals that contribute to developing the Iraqi legal framework towards more effective and equitable legislation to combat family moral crimes.
References
First: Books
1. Al-Burhan, 2020, Explanation of the Iraqi Penal Code - Special Section, Dar Al-Thaqafa, Baghdad.
2. Amer, 2017, Criminal Policy and the Protection of Moral Values, Dar Al-Fikr Al-Arabi, Cairo.
3. Al-Majid, 2015, Crimes Against the Family in Criminal Law, Al-Zahra Publications, Baghdad.
4. Al-Hassan, 2012, The Family in Iraqi Society: A Sociological-Legal Study, Dar Al-Shu'un Al-Thaqafiya Al-Amma.
5. Al-Haleem, 2021, Protecting the Family from Sexual Crimes in Comparative Law, Dar Al-Jami'a Al-Jadida, Alexandria.
6. Al-Majali, 2018, Domestic Violence in Criminal Legislation, Wael Publishing House, Amman.
7. Munir, 2016, Moral Crimes and Social Impacts, Dar Al-Fikr Al-Arabi, Beirut.
8. Al-Munem, 2022, Harassment and Domestic Violence: A Comparative Legal Study, Dar Al-Nashr Al-Qanuniya, Cairo.
9. Al-Baghdadi, 2014. Family Values between Law and Tradition, Publications of the Higher Institute for Social Research.
Second: Research:
1. Hussein, 2021. "The Legislative Vacuum in Protecting the Family from Moral Crimes," Journal of Law and Justice, Issue 4.
2. Al-Karim, 2022. "Domestic Harassment: Between Reality and Legal Text," Journal of Contemporary Legal Studies, Issue 6.
3. Al-Khalidi, 2020. "Criminalizing Immoral Acts in Family Relationships," Iraqi Journal of Legal Sciences.
4. Saeed, 2021, "The Impact of Technology on the Exacerbation of Family Moral Crimes," Journal of Social and Legal Sciences, Issue 3.
5. Kazem, 2020, "Procedural Protection for Victims of Sexual Violence Within the Family," Journal of Criminal Justice, Issue 2.
6. Al-Amri, 2021, "Punitive Policy in Addressing Family Moral Crimes," Journal of Contemporary Law, Issue 5.
7. Hassan, 2022, "Women and Children: Between Domestic Violence and Criminal Protection," Journal of Arab Legal Studies.
8. Jawad, 2023, "A Comparison between Iraqi and Moroccan Laws on the Criminalization of Violence," "Ethical," Arab Legal Journal, Issue 7.
Third: Theses and Dissertations
1. Ali Abdul, 2020, "Criminal Protection of Family Ties in Iraqi Law," Master's Thesis, University of Baghdad.
2. Mahdi, 2021, "Moral Crimes Within the Family," Master's Thesis, University of Kufa.
3. Ali, 2019, "Sexual Assaults Within the Family: A Legal Study," Master's Thesis, Al-Mustansiriya University.
4. Adel, 2022, "The Iraqi Legislator's Position on Domestic Violence," PhD Thesis, University of Mosul.
5. Kazem, 2021, "Cybercrimes of a Moral Nature in the Family Environment," Master's Thesis, University of Baghdad.
6. Mohsen, 2020, "Matrimonial Rape in Comparative Legislation," Master's Thesis, University of Al-Qadisiyah.
7. Mahmoud, 2021, "Criminalization and Punishment in Moroccan Criminal Law." Code: Comparative Study, PhD Thesis, Hassan II University.
8. Abdullah, 2018, "Criminal Protection of Women from Sexual Violence," Master's Thesis, University of Basra.
9. Nasser, 2020, "Criminal Liability for Moral Acts Within the Family," Master's Thesis, University of Karbala.
10. Abdul-Jabbar, 2023, “The Concept of Honor in Iraqi Law and Its Legal Implications,” Master’s Thesis, University of Wasit.
Fourth: Legislation
1. Iraqi Penal Code No. 111 of 1969.
2. Moroccan Penal Code, as amended up to 2023.
3. Moroccan Family Code issued by Royal Decree No. 1.04.22
4. Moroccan Penal Code, as amended by Law No. 103.13
Fifth: Conferences:
1. National Conference on Family Protection from Violence, University of Baghdad, College of Law, 2022.
2. Arab Regional Conference on Domestic Violence, Rabat, Moroccan Institute of Legal Studies, 2021.
3. “Legislative Modernization in Confronting Moral Crimes” Symposium, College of Law, University of Kufa, 2023.
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