خلاصة:
Criminalizing chastity and public morality is one of the phenomena that, in order to preserve the cultural and religious values and achievements of a society, has been criminalized in many countries with various expressions and interpretations. The direct connection of this phenomenon with social beliefs and customs is undeniable, and this very fact has caused heterogeneity in the concept of 'chastity' in different places and eras. In this writing, the author seeks to express the concept and explain the crime against chastity and public morality within the framework of Articles 638 and 640 of the Islamic Penal Code approved in 1370 SH.
ملخص الجهاز:
A fundamental point is that the legislator's action in delegating the authority to recognize forbidden acts to judges, in criminal policies, for the purpose of maintaining protection of Islamic moral values and encouraging individuals to observe Islamic rituals in public views and thoroughfares, is a commendable matter, and currently, court judges are authorized; therefore, they will have the power to act flexibly within the scope of the ruling of Article 638, and in other cases without an explicit text from the law, in compliance with the principle of legality of crimes and punishments, if the forbidden act is not punishable under the law and does not wound public decency, it will not be considered among the instances of the ruling of this article13.
The realization of the material element of the crime in this way is conditional upon the commission of the forbidden act being necessarily carried out in a manner that occurs in the sight and view of a group of people and is contrary to the values in custom that the majority of individuals in the Islamic society, out of respect for them, consider intolerable and consider its commission to be a wounding of public decency.
2. Opinion 7/7184-65/11/15 states: According to Article 640 of the Ta'zirat Law, a film, video, or generally any other object that violates chastity and public morals is considered a crime if it is kept for the purpose of distribution, trade, or public display, and according to the regulations of the said article, the perpetrator is subject to Ta'zir punishment.
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