Family Offenses – Incest Rape and Adultery as an Example-Motives and Penalty Jurisprudentially, legislatively and judicially

Abstract

This research is under the title of (Family Offenses - Incest  Rape  and Adultery) as an Example - Motives and Penalty Jurisprudentially, legislatively and judicially). The researcher has addressed two offenses - the crime of Incest and the crime of acquaintance rape among the crimes that occur within the family involving its members who are related by kinship or affinity. He has chosen both of Criminal Code of the year 1991 and the Personal Status Law of the year 1991 as an objective scope legislatively and judicially in the light of the provisions of the Islamic Jurisprudence. The researcher aims at filling the gap that exists in the Legal library regarding the analysis and interpretation of the criminal behavior of the adulterer and the rapist who is a member of the family (the family offender) in his assault against the victim. The researcher also aims at studying the prudence behind the prescribed penalties in order to confront such offenses that are committed against a member of the same family besides demonstrating their causes and to shed light on the aspects that require enhancements in the criminal procedures terms. To achieve that, the researcher adopts the comparative inductive analytical method, dividing the research into an introduction which includes the research plan, and a first (introductory) section defining the family offense and the family offender, then the second section which addresses the crime of Incest, and the third section which addresses the crime of acquaintance rape.  The research has ended with results, the most important of them are: rape and adultery are partially compatable, female rape is considered adultery according to Islamic Jurists in terms of their literal meaning, description and concep and they do not differ in terms of type and magnitude of punishment - it Hudud, prescribed by stoning the married person, and flogging and expatriation for the unmarried. and what is meant by the crime of Incest is any sexual activities committed by two persons of the same family related by a kinship relationship that prevents sexual relationship between them according to cultural or religious criteria. The research affirms that the concept of family in the Islamic Law and Jurisprudence is necessarily compatible and synonymous. But this is not the case in sociology and pedagogy in terms of significance and concept.