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The Sharia and Legal Foundations of the Criminalization of Sexual Harassment under Islamic Sharia and Iraqi Law
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Mohammad Ali Haji Dehabadi1   , Ali Abdolwahab Jasim Al-Sari2 |
1- Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran.
2- PhD Student of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran. |
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Abstract: (24 Views) |
| Sexual harassment has become one of the crimes that has attracted increasing scholarly and legislative attention in recent years due to its serious violation of human dignity and bodily integrity, as well as its profound psychological, social, and moral consequences for both individuals and society. The growing diversity and prevalence of this crime have highlighted the need to examine the legal and Islamic foundations governing its regulation, particularly in Iraq, where Islam is the official religion of the State and a fundamental source of legislation. Accordingly, this study examines the position of both Islamic Sharia and Iraqi legislation toward sexual harassment and evaluates the adequacy of the existing legal framework in addressing this offense. The study begins by defining sexual harassment and explaining its societal impact, then analyzes its legislative basis in the Holy Qur'an, the Prophetic Sunnah, and the narrations of the Ahl al-Bayt (peace be upon them), in order to determine whether Islamic Sharia addressed this crime explicitly or through general legal principles prohibiting such conduct. It further examines the position of the Iraqi legislator by investigating whether sexual harassment has been regulated through an independent legislative framework or through scattered provisions within the Iraqi Penal Code and the Iraqi Labour Law. The research adopts a descriptive, analytical, and comparative approach. The study concludes that Islamic Sharia has established a comprehensive legislative framework that criminalizes all forms of sexual harassment through legal principles aimed at safeguarding human dignity and honor. In contrast, Iraqi legislation has addressed only certain forms of the offense through dispersed legal provisions without enacting a comprehensive and independent law, thereby necessitating legislative reform through the adoption of a unified legal framework capable of addressing the evolving nature of this crime and providing more effective criminal protection. |
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| Keywords: Sexual Harassment, Islamic Sharia, Holy Qur'an, Prophetic Sunnah, Ahl al-Bayt, Iraqi Law, Iraqi Penal Code, Iraqi Labour Law |
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Full-Text [PDF 628 kb]
(8 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/08/29 | Revised: 2026/08/29 | Accepted: 2026/09/24 | Published: 2026/09/24
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