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.