الجزاءات الجنائية للجرائم الماسة بالأديان في القانون الوضعي والشريعة الإسلامية
DOI:
https://doi.org/10.61353/ma.0180127Keywords:
legal basis, religious crimes, religious belief, religious feelingAbstract
The
crimes related to religions represent an assault, desecration, and mockery of the sanctity of religious belief and the spiritual entity of the individual, and insulting the Islamic religion, which represents all the heavenly religions, and specifically insulting the divine being and the Messenger, may God’s prayers be upon him, and his teachings, and accusing the companions and wives of the Messenger, and the imams of the family of the House, peace be upon them. Therefore, insulting religion requires deterrence, confrontation, and preserving it from two basic aspects: the aspect of existence by providing what is valued and proven by Islamic teachings, spreading the call to it and establishing its rituals, and what corresponds to it in law in Islamic jurisprudence is what can be called (preserving interests), penal protection, which is preventing what destroys it or It removes or offends it, and the suppression of crimes related to religions, which will be the subject of our study in this thesis. The Iraqi legislator was keen to protect the freedom of the individual in his religious beliefs, which is considered one of the holiest human freedoms, through the criminal law, which discloses that interest is the subject of legal protection.
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