Criminal intervention in criminalizing marital infidelity Through social networking sites (analytical study)

Khidr, Omed Saeed; Hamad, Shamal Fattah; Mahmoud, Shaker Suleiman; Kabir, Marwa Hadhar

doi:10.37651/aujlps.2024.152695.1330

	Criminal intervention in criminalizing marital infidelity Through social networking sites (analytical study)
Journal of Anbar University for Law and Political Sciences
Article 25, Volume 14, Issue: 2 part 2, December 2024, Pages 653-682 PDF (981.88 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.152695.1330
Authors
Omed Saeed Khidr^* ¹; Shamal Fattah Hamad²; Shaker Suleiman Mahmoud³; Marwa Hadhar Kabir⁴
¹Faculty of Law, Political Sciences and Administration/ Soran University
²Faklti Law, Political Sciences and Administration/ Soran University
³Fakelti Law, Political Sciences and Administration/Siran University
⁴Lawyer / Kurdistan Region Bar Association
Abstract
Kurdistan and Iraqi society suffers from many social problems that threaten the security and stability of the family and make it vulnerable to disintegration, due to the misuse of social networking sites or communications devices that the husband or wife resorts to, resulting in illicit and illegal relationships. The research dealt with the issue of marital infidelity through social networking sites and the position of the judiciary towards it. It focused on defining marital infidelity through those sites, adapting it from a legal, legal and judicial perspective, and highlighting the shortcomings of the legal systems around the phenomenon of marital infidelity through social media sites in all its aspects, and the legal regulation of this phenomenon. It is dangerous at the same time, because the Kurdish and Iraqi legislators did not regulate this scourge neither in the Iraqi Penal Code No. 111 of 1969 nor in the special penal legislation, and the Iraqi legislator only criminalized marital adultery in the Penal Code. The research also attempted to address this criminal phenomenon from a legislative and practical perspective by presenting the conclusions it reached, and made many recommendations, the most important of which was criminalizing and regulating the crime of marital infidelity through social networking sites, by adding an article or paragraph to Article (377) of the Penal Code. Iraq or in one of the special penal legislations so that the judiciary and courts can easily implement them better and better without hesitation,
Keywords
marital infidelity; cyber infidelity; judicial separation; custody rights; social problems

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