الشكوى في جريمة زنا الزوجية في التشريع العراقي دراسة مقارنة بالفقه الإسلامي

Abstract

Imitating the secular legislations has deep consequences onIraqi legislations concerning adultery case to have somelimitations that limits the prosecution in criminal liabilityagainst the adulterer and his/her partner. The victim (the otherspouse) has the right, under certain conditions, to raise orwaive the case or refrain from raising it if he wants to keep thecrime secret and avoid the scandal.These practices lead to desert our Islamic Shariaa whichregards the crime of adultery a sort of 'Al-Hudood Crimes'which does not stipulate complaint raised by the spouse tohave liability. This be cause this crime does not only affect thevictim (the spouse) but also the whole society.