The Impact of Iraqi and Egyptian Criminal Policy on Crimes Against Religious Sentiment

Abstract

Matters related to rituals and religious matters, the great risks that result from tampering with them, most legislations have sought to secure the necessary protection for religious rituals and rites, by stipulating the criminalization of actions that may affect them. Most countries have guaranteed protection for the people in practicing religious rituals and rites, to achieve reassurance and confidence for them when performing these acts of worship, the constitution and laws have guaranteed this protection. In this study will address the texts that came in both the constitution and laws, that aim to protect religious rituals and rites. It must be noted that the basis is that there is no crime or punishment except by virtue of a text, for this reason it was the duty of the legislator to refer to the actions, that can be considered a crime and also to determine the punishment for anyone who commits them, especially religious rituals and rites. Most constitutions have protected them, the matter did not stop at this point only. Criminal legislation has stipulated its criminalization and also stipulated the necessity of imposing punishment on its perpetrator, with the aim of achieving deterrence from the private and public aspects, which was adopted by both Iraqi and Egyptian legislators, and that Regarding crimes that may harm religious sentiment. Article 41 of the Iraqi Constitution of 2005 stipulates that: "Iraqis are free to adhere to their personal status according to their religions, sects, beliefs or choices, and this shall be regulated by law.". Religious belief is one of the matters that the legislator has given special protection, because of this specificity, the constitution has guaranteed the protection and preservation of freedom of belief. Laws have emphasized this protection and addressed it in specific texts. Among these laws is the Penal Code, which guarantees the protection of these rituals and the punishment of those who violate them. We have observed in both the Iraqi and Egyptian constitutions, in addition to the Penal Code in both countries. The Iraqi Constitution of 2005 granted Iraqis freedom of belief according to Articles 41 and 42 thereof, it organized this freedom in Article 43 thereof. Article 64 of the Egyptian Constitution of 2014 organized freedom of belief. The right to perform religious rituals and build places of worship. The legislator followed a punitive policy to determine the penalties for perpetrators of these acts, these penalties were specified in a general text for all crimes, if we see the necessity of assigning each act to a specific penalty, this penalty must be tightened due to the specificity of these crimes and their impact on the safety and security of society. The legislator did not suffice with imposing penalties, in order to achieve deterrence and settle the offender's behavior, precautionary measures must be imposed in addition to the penalty, We have concluded this from the texts of the law.