The Legislative Philosophy in Dishonor Cleansing Crimes

Abstract

Abstract: The family often constitutes the primary source of violence against women, with the most severe forms of abuse occurring within the domestic sphere. Despite this reality, the commitment of Iraqi legislators to the protection of women's rights remains constrained by certain legal provisions that permit specific forms of such violence. Notably, Iraqi law contains clauses that reduce the penalties for offenders who commit grave crimes against women under the guise of honor and the cleansing of shame. This legislative leniency exacerbates the incidence of such crimes and effectively provides them with a legal shield. It is therefore crucial to develop a legal framework that prioritizes the enhanced protection of women within the family unit, reaffirming the principle that only the judiciary is vested with the authority to impose penalties after the thorough completion of investigative procedures. Failing this, society risks descending into disorder, characterized by the dominance of personal revenge and physical force, ultimately undermining the authority of the state and the rule of law. © 2023 TUJR, College of Law, Tikrit University