السياسة الجنائية في جرائم الاخلاق

Abstract

Criminal Policy is a collection of items and sources that help
determine the legislator in his process of criminalizing and punshing
some behaviours. At the same time, it urges the legistor to avoide much
of these behaviours within criminal punishment, or incorporating her
discarding them when factors of permission are available. The same
applies for behaviours of moral erimes where the philosophy on which
the positivist criminal policy is based adopts the social utilitarian sense
that permits the freedom of consensuat sexual intercourse when most
practiced in public. However, this does not apply when either party or
both of them are subject to a valid legal marriage contract.
Meanwhile, the criminal philosophy adopted by Islamic sharica in
confronting moral crimes is based on moral significance which aims at
safeguarding issues of honour and maintaining public morals. This
significance considers any sexual contact out of wedlock contract a real
crime regardless of the views of parties to it or the attitude of prevailing
customs and conventions of public opinion.