Adaptation of Sexual Intercourse between Sharia and Law
DOI:
https://doi.org/10.61841/gpdyde73Keywords:
FaceAbstract
The philosophy of criminalization differs between Sharia and law. At a time when Islamic Sharia views sexual intercourse outside of marriage as an assault on a public right or public interest and is considered one of the five basic interests in society and is the interest of birth control, unlike the philosophy of law that is completely different from Sharia Criminalization of unlawful sexual intercourse, as it regards it as an assault on a personal right, which is sexual freedom that allows its owner to have sexual intercourse when he so desires, provided that this practice with the other party has occurred with the consent of adults of adulthood and without marital marriage.
Downloads
References
[1] Abu Bakr Al-Kasani, Bada'i Al-Sanaya, The Granular Library of Pakistan, 1st edition, 1989 AD, volume 7,
p.33.
[2] Ibn Abdin, a footnote to the response of Al-Muhtar, Dar Al-Fikr for printing, publishing and distribution,
Beirut—Lebanon, vol. 4, p. 165.
[3] Ibn Majah, Muhammad bin Yazid Al-Qazwini, Sunan Ibn Majah, investigation by Muhammad Fouad
Abdul-Baqi, free from the year of printing, Dar Al-Fikr for printing, publishing and distribution, part 2,
chapter of the outrageous appearances part 2, p. 855.
[4] Ibn Manzur, Lisan Al-Arab, Dar Al-Hadith Cairo, year of printing 2003, Volume 2, p. 353.
[5] Al-Bakri Al-Damiati, Student Benefit, 1st edition, 1997 AD, Dar Al-Fikr for Printing, Publishing and
Distribution—Beirut, Lebanon Part 4, p. 161.
[6] Dr. Ahmad Fathallah, Lexicon of Jurisprudence Jafari, Al-Madkhal Press, Dammam, 1st edition, 1995, p.
53.
[7] Ahmed Muhammad Shaker, abbreviated interpretation of the great Qur’an called Mayor of Tafsir from AlHafiz Ibn Katheer, Dar Al-Wafa, 1st edition, 2003 CE, Part 1, p. 249.
[8] Al-Hur Al-Amili, The Shiite Means, Investigation: Verification, Correction, and Appendix: Sheikh
Muhammad Al-Razi, Publisher: Dar Ihya, Arab Heritage—Beirut—Lebanon, Part: 18, p. 310.
[9] Dr. Abbas Hussein Fayyad, Polygamy and its Effects, research published in Al-Mohaq Al-Hali Journal for
Legal and Political Science, 2012, second edition, p. 153.
[10] Al-Kulayni, Muhammed bin Yaqoub, Al-Kafi branches, Dar Al-Mortada for Printing, Publishing and
Distribution, Lebanon—Beirut, 1st edition, 2007 AD, volume 5, p. 1125.
[11] Imam Yahya bin Al-Hussein, Al-Ahkam, investigation: Collection: Abu Al-Hassan Ali bin Ahmed bin Abi
Harissa, 1st floor, 1990, p. 209.
[12] Muhammad bin Abi Bakr bin Abd al-Qadir al-Razi, Mukhtar al-Sahah, Dar al-Risala, Kuwait, free of
edition number and year of printing, p. 126.
[13] Muhammad Ishaq Al-Fayadh Minhaj Al-Saliheen, Edition 1, Amir-Qom Press, Publisher: Samaha Office,
Vol. 3, p. 279.
[14] Mahmoud Muhammad Al-Hassan, Descent and its Provisions in Islamic Sharia and Kuwaiti Law, i 1,
1999, p. 4.
[15] D. Mustafa Ibrahim Al-Zalami, The Origins of Jurisprudence in His New Texture, Al-Atak for the Book
Industry, Cairo, 2009, p. 397, Dr. Abdel Qader Odeh, previous source, Volume 1, p. 155.
[16] Ahmad Al-Kubaisi, Personal Status in Jurisprudence, Jurisdiction, and the Law, Al-Rashad Press, Baghdad,
1971, Part 1, p. 93.
[17] Ahmed Muhammad Khalil, Crimes of Defamation and Morality, Modern University Office, 2009, p. 85.
[18] Jamal Al-Haidari, Explanation of the Penal Code / Special Section, Dar Al-Kutub Directorate for Printing,
Publishing and Distribution, Mosul, 1988.
[19] Hassan Hassan Mansour, “Attacks against Ethics,” University Press House, Alexandria, 1985.
[20] Abdul Hamid Ahmad Shihab, The Crime of Adultery in the Iraqi Penal Code, MA, submitted to the
College of Law, University of Baghdad, 1990
[21] Abdul-Malik Abdul-Rahman Al-Saadi, Illegal Sexual Relations and Their Punishment in Sharia and Law,
Baghdad, 1989.
[22] Ali Hassan Al-Khalaf, Dr. Sultan Al-Shawi, General Principles in the Penal Code, Baghdad Legal Library,
2006 AD.
[23] Maher Abdel-Shawish, Explanation of the Penal Code / Special Section, Dar Al-Kutub Directorate for
Printing, Publishing, and Distribution, Mosul, 1988.
[24] Muhammad Muhammad Musbah al-Qadi, Good Faith Principle in the Penal Code, Arab Renaissance
House, Cairo, 1977.
[25] Mahmoud Mohsen Hassan, Explanation of the Penal Code / Special Section, Arab Renaissance House,
Cairo, 1992.
Downloads
Published
Issue
Section
License
Copyright (c) 2020 AUTHOR
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
