Adultery between Criminalization and Permissibility in the Effective Iraqi Penal Code

Abstract

The relationship between the male and the female is governed by the heaven law, and then by the positive law, and on this basis the positive law should not contradict what the heaven law brought. However, what is happening is on the contrary, as it is noted that the Iraqi Penal Code No. (111) of 1969 and its amendments, and what is stipulated in Articles (393-394) BC, permitted this deviant behavior and was not subjected to criminalization and prohibition, except in the case of non-verification Two elements are puberty and consent, which denied the criminalization of the act of adultery, and prevented the punishment of those who commit it, which contradicts the permanent constitution of the Republic of Iraq 2005. Hence, the unconstitutionality of the provisions of the two mentioned articles can be challenged before the Federal Court; for their unconstitutionality.