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21 Manchester J. Transnat'l Islamic L. & Prac. 418 (2025)
The Iraqi Penal Framework vs. Shariah: Jurisprudential Insights on Digital Public Morals Crimes

handle is hein.journals/jispil21 and id is 809 raw text is: Manchester Journal of Transnational Islamic Law & Practice Volume 21, Issue 2: 418-423, 2025 Special Section on Recent Legal Developments in Iraq (Edited by Mohamad Janaby) The Iraqi Penal Framework vs. Shariah: Jurisprudential Insights on Digital Public Morals Crimes Ahmed Aubais Alfatlawi* Hassan Sudi Alziyadi** Abstract: This note critically assesses the deficiencies of Articles 401 to 404 of the Iraqi Penal Code, which were initially formulated to address conventional crimes but have proven inadequate in responding to digital offences. The absence of precise definitions for key terms such as Al-Fahisha (lewdness or immorality) and public morals has led to inconsistent judicial interpretations, complicating the adjudication of cyber misconduct. Furthermore, the analysis underscores the indispensable role of Shariah jurists, whose jurisprudential insights can provide conceptual clarity and harmonise judicial interpretations with societal values. Accordingly, this note advocates for the incorporation of well-defined parameters into future cybercrime legislation, a necessary step to mitigate legal ambiguity while safeguarding both freedom of expression and public decency in an increasingly digitised society. Keywords: Iraqi Penal Framework; Shariah; Jurisprudence; Public Morals; Digital Crimes I. BACKGROUND INFORMATION Advancements in technology and the widespread use of the Internet have exacerbated cybercrimes that pose significant threats to public morality in Iraq. Prior to 2003, Iraq's legal framework was predominantly secular, with Penal Law No. 111 of 1969 addressing offences related to Al-Fahisha (immorality) in a manner that did not rely on Shariah principles. In contrast, the Qur'an admonishes, Those who delight in spreading immorality among believers will face painful torment,1 underscoring the pressing need to confront these threats to societal values. Similarly, Islamic jurisprudence defines immorality as something repulsive in both word and deed, which contradicts sound reasoning and ethical sensibilities.2In the aftermath of the fall of the former regime in 2003, the 2005 Iraqi Constitution marked a pivotal legal transformation by establishing Islam as a primary source of legislation.3 A critical analysis of the legislative and judicial framework reveals that the absence of a precise definition of public morals within Iraqi penal law presents significant legal challenges. This ambiguity undermines efforts to regulate information and cybercrimes, fostering divergent judicial Professor of Public Law. University of Kufa, Faculty of Law, Kufa, Iraq. Email: ahirneda ailftatlightok-ufased~ianr *Judge and currently the President of the Najaf Federal Court of Appeal, Najaf, Iraq. Email: 1 Qur'an, Surat An-Nur (The Light) 24:19 [Talal Itani (tr), 'The Clear Quran: English Translation' (USA: ClearQuran 2012)]. 2 Salah Yaqoub Youssef ,Causes and Means of Treating Immorality in the Light of the Noble Qur'an' (2023) 38 (133)Journal of Sharia and Islamic Studies, Kuwait University 57. 3 Article 2 (1) of the Constitution of the Republic of Iraq (2005) stipulates that Islam is the official religion of the State and is a fundamental source of legislation. Volume 21, Issue2 ( (418) 2025