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Analysis of the jurisprudential and legal foundations of virtual illicit relationships with emphasis on judicial practice
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Mohammadi Mojtaba1   , Seyyed Ebrahim Fallah Hosseini2 |
1- Qom Seminary & Qom
2- University of Guilan & Rasht |
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Abstract: (25 Views) |
| Virtual illicit relationships are an important and emerging issue that contribute to the spread of moral corruption and social harm in society. Article 637 of the Islamic Penal Code (Discretionary Punishments Section) does not provide a definition or specific examples of illicit relationships, leading to inconsistencies in judicial practice. Some judges consider virtual illicit relationships to constitute a crime and issue convictions, while others do not regard them as criminal and issue acquittals. This significant issue requires comprehensive examination and analysis. The findings of this study indicate that a non-essential and unconventional relationship between a man and a woman in cyberspace, if accompanied by sexual gratification intent or involving romantic, vulgar, or obscene content, is religiously forbidden (haram) and legally considered a criminal act. The divergence in judicial opinions stems from the wording of the legal element of the crime: "illicit relationships or immoral acts other than adultery, such as kissing or lying together." Although both interpretations exist in judicial practice, the reasoning behind the view that such acts are criminal carries greater weight and strength. The only way to resolve this disagreement is through the establishment of a unified judicial approach by either a Supreme Court precedent (ruling of legal unification), a legislative interpretation from the Islamic Consultative Assembly (Parliament), or an amendment to the legal provision by the legislature. |
Article number: 1 |
| Keywords: illicit relationships, cyberspace, judicial practice, Article 637 of the Islamic Penal Code (Discretionary Punishments Section) |
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Full-Text [DOCX 15 kb]
(22 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/08/3 | Accepted: 2025/08/6 | Published: 2025/12/27
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