Crimes are prohibited by law and God Almighty has forbidden them with punishment or punishment.
The punishment is the prescribed punishments that the law has determined in its place and stipulated in the Book of God or the Sunnah of His Prophet, may God bless him and grant him peace.
Ta’zir: These are the punishments that are left to the ruler to assess according to what he sees as preventing corruption on earth and preventing evil. Extrapolation has proven that all the provisions of Islamic Sharia include the interests of the people, and they are based on five matters: what is in it is preserving the religion, what is in it is preserving the soul, and what is in it is preserving the soul. It involves preserving the mind, preserving offspring, and preserving money. This is because the world in which man lives is based on these meanings without which human life is not available, and that God Almighty has honored man in this existence. God Almighty said: And We have honored the children of Adam and carried them on land and sea and provided them with good things and favored them over many of those whom We created with a great preference. (Al-Isra: 70)
This honor requires the availability of these five things, preserving them, and preventing any attack on them.
Preserving progeny means preserving the human species by regulating marriage, preventing attacks on marital life, prohibiting adultery and imposing a punishment for it, because that is an assault on the human trust that God has entrusted to the bodies of men and women, so that from them may be offspring and reproduction, which prevents the extinction of the human race and allows it to live. Stable and happy, and therefore the punishment for adultery and other punishments were set for crimes involving assault on offspring, and were in violation of the social dictionary. The punishment for adultery is obligatory in order to protect the goods from being lost, and because it is a great indecency and one of the great sins - which entails extremely serious harm to the individual and society from a psychological, physical, social, and economic perspective. The heavenly laws have agreed to prohibit adultery, and its punishment in Islam is one of the strictest limits due to it. From a crime against honor and lineage, and for harming the entity and safety of the group, as it is an assault on the family system, and the family is the foundation upon which the group is based, and because its permissibility is the spread of immorality, and this leads to the destruction of the family entity, the corruption of society, the rupture of its unity, its dissolution, and the collapse of the components of the nation, and Sharia is keen The utmost concern is for the group to remain cohesive and strong, free from social and other diseases. The view of Islamic law on the nature of this crime differs from the view of positive criminal law. Adultery in Sharia is a punishment crime stipulated in terms of criminalization and in terms of punishment. There is no difference between a married adulterer and an unmarried adulterer. Al-Muhassan (unmarried).
In statutory criminal laws, adultery is not considered a crime that automatically requires punishment, and the adulterer is not criminally liable, unless one of the spouses files a lawsuit. Accordingly, one of the spouses is not legally punished if the other spouse consents to him committing the crime of adultery, and he has the right not to file a lawsuit even if the adultery occurred without his consent, as it is A purely individual crime in law.
As for Islamic law, adultery is considered an assault on the right of society (the right of God or the public right). It is forbidden in and of itself, and consent has no effect in criminalizing the act or not. The threshold for adultery must be met even if the crime was committed by agreement of both parties. Whether they are married or not, unless one of them is forced and the crime of rape is committed with him. The punishment is not met for the one who commits adultery through coercion or rape. As for the adulterer and rapist, the punishment required for this crime is applied to the adulterer and rapist.
This punishment is not affected by the consent between the criminals, or the waiver or abstention of one of the spouses from filing the lawsuit, because the impact of the crime of adultery does not stop with the perpetrators, but rather its impact extends to the entire society.
The present paper examines the genre of death notices in Iraqi newspapers in terms of its schematic and socio-cultural structure. Adopting Swales' [1990] rhetorical approach to genre analysis, the study has examined a corpus of 150 death texts
Obesity is a common disease that resulted from over-nutrition in adults and children. It rarely causes damage to the centers of food in the brain. Obesity is defined as an increased body weight from its natural limit which is resulted from the accumulation of excessive amounts of fatty tissue incredibly up to 20% in males, 30 % in females unless this increase is not due to an increase in muscles as in athletes or accumulation of water in the body which is resulted from Mesothelioma or the magnitude of the skeleton.Obesity is the increase of the total average of fat in the body compared to other tissues, which causes an increasing body weight, thereby increasing body mass. The fatty child has an increase in the stored fatty layer under th
... Show MoreNumerous research studies have been conducted on why some learners acquire a second language more easily and quickly than others. Most of these studies have demonstrated that acquiring a second language does not depend only on learners’ cognitive ability or professional teaching strategies. The learning language process is more complicated than that. It is affected by crucial factors that are beyond the control of learners and teachers. These factors are known as sociolinguistic factors. These factors include culture, age, motivation, socio-economic status, and gender. This research paper mainly concentrates on the role of motivation in second language acquisition.
Buzurgan oil Field which is located in south of Iraq has been producing oil for five decades that caused production to drop in many oil wells. This paper provides a technical and economical comparison between the ESP and gas lift in one oil well (Bu-16) to help enhancing production and maximize revenue. Prosper software was used to build, match and design the artificial lift method for the selected well, also to predict the well behavior at different water cut values and its effect on artificial lift method efficiency. The validity of software model was confirmed by matching, where the error difference value between actual and calculated data was (-1.77%).
The ESP results showed the durability of ESP regarding th
... Show MoreBackground: Laparoscopic cholecystectomy
has become the standard of care for the
elective management of cholelithiasis. Little
information exists, however, regarding the
appropriateness of this procedure in the setting
of acute symptomatology.
Objective: This study was designed to
evaluate the outcome of laparoscopic
cholecystectomy in acute and severe acute
cholecystitis based on early and late biliary
complications, their incidence and
management, and conversion rates to open
surgery.
Methods: A prospective study done between
April 2007 and November 2010, in the
department of general surgery, medical city
teaching hospital, Baghdad. Includes patients
with acute cholecystitis admitted f
The concept of decolonization of trauma has intrigued researchers for years due to its prolonged effect on personal and cultural levels. The process of intellectual decolonization involves defensive survival mechanisms, such as cultural rituals using traditional practices, nostalgic dialogues that idealize memories and recollections, and conversations about identity to navigate postcolonial trauma displacement. Symbolic connections evoke strong emotional responses, bridging the gap between the characters‘ physical dislocation and their imaginary homeland. Cocooning identity represents a space where a multidimensional self emerges—one that holds the victim of trauma, the survivor who endures, and the narrator, who constructs an idealized
... Show MoreCultural and identity scars have been engraved in the body of ethnic minority of Muslims in America due to the bloody attacks of 9/11. These events have created thus traumatic experiences on the party who witnessed the events at close and the people on whom the blame is conclusively directed, Muslim Americans. For Americans, the attacks resulted in a proud reassertion of the national virtue and communal integrity from which Muslim Americans were excluded. This reassertion is accompanied for Muslims by a reconstruction of a cultural identity away from their origin homeland and under pressures and prejudices that made the process of reconstruction to be severely challenging. Accordingly, the challenge needed to be portrayed to overcome the d
... Show More
With the advancement of technology ,the study of cross-cultural communication via on line has become an important and researchable topic in linguistic theory and its applications.The aims of this study are two- fold (a) exploring the influence of cultural diversity on on-line interaction between American native speakers (NSs) and Iraqi non-native speakers (NNSs) of English which, together with other factors might potentially lead to what Thomas(1983) calls "pragmatic failure" (PF), a main cause of communication breakdowns and (b) specifying which type of PF occurs more frequently between the two groups along with the reasons behind such failures. To achieve these objectives , a number of online chats conducted between
... Show More