The legislative basis for criminalizing insulting religious symbols (A comparative study)

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Sarah Hassan Badan
AmeeI Gabbar Ashour

Abstract

This research deals with the constitutional and legal texts that represent a legislative basis for the crime of insulting religious symbols, as the legislative basis is of great importance for any crime or legal organization, as the existence of a direct or indirect constitutional text leads to the need for a legislative treatment of this crime as well as the inadmissibility of prejudice to the legal regulation of this crime by the legislator and the judge alike,  This research also dealt with the legal basis of this crime by researching the texts of ordinary laws that regulated this crime directly or indirectly, in the Iraqi, Emirati and Egyptian laws

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How to Cite
Hassan Badan س., & Gabbar Ashour ا. (2024). The legislative basis for criminalizing insulting religious symbols (A comparative study). MIsan Journal of Comparative Legal Studies, 1(10), 170–196. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/305
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Articles

References

First/ books:

- Ahmed Ezzat, A study in the issues of contempt of religions, Association for Freedom of Thought and Expression, Cairo, 2009.

- Dr. Ahmed Fathy Sorour, Constitutional Criminal Law, 2nd Edition, Dar Al-Shorouk, Cairo, 2002.

- Dr. Khaled Mostafa Fahmy, Legal Protection of Beliefs, Practice of Religious Rites, and Non-Discrimination, 1st Edition, Dar Al-Fikr Al-Jamia, Alexandria, 2012.

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- Diaa Al-Sayed Adnan Al-Khabbaz, Religion and Contemporary Dialectics, Dar Al-Murtada for Printing, Publishing and Distribution, Beirut, 2022.

- Judge Abdul Hussein Sabah Siwan Al-Hassoun, Encyclopedia of Texts of Criminalization and Punishment, Part 2, 1st Edition, Legal Library, Baghdad, 2013.

- Mohamed Said Abdel Fattah, Criminal Protection of Freedom of Religion, National Center for Legal Publications, Egypt, 2005.

-Munir Hamid Al-Bayani the Legal State and the Islamic Political System, (An Approaching Constitutional, Sharia and Legal Study), Baghdad University Press, Iraq, 1978.

Second: Theses and Theses:

- Hassan Faleh Hassan Al-Hashemi, The Role of Ethics in Criminal Law, PhD Thesis, University of Karbala, College of Law, 2020.

- Rahma Jassim Mohammed, Criminal Responsibility Arising from Sectarian Incitement, Master's Thesis, University of Kufa, College of Law2018,.

- Ali Qasim Fayyad, Intellectual Terrorism, Master's Thesis, Al-Nahrain University, College of Law, 2016.

Third: Research

- Dr. Mazen Khalaf Nasser and Ibrahim Jabbar Mansour, The development of punitive policy between reality and ambition, research published in the Journal of Comparative Legal Studies, Volume 1, Issue 7, 2022.

- Russell Faisal Dalloul, The Protected Interest in Mass Grave Crimes, Research published in Maysan Journal of Comparative Legal Studies, Volume 1, Issue 2, 2020.

- Nour Al-Huda Jamil Khalaf and Marwa Sami Jabbar, Balancing the Freedom to Use Social Media and the Administration's Exercise of its Seizure Authority (Facebook as a Model), Research published in Maysan Journal for Comparative Legal Studies, Volume 1, Issue 6, 2022.

Third: Legislations Constitutions:

- The UAE Constitution of 1971

- Constitution of the Republic of Iraq of 2005.

-The Egyptian Constitution of 2014.

Laws:

-Egyptian Penal Code No. 58 of 1937, as amended.

- Iraqi Penal Code No. 111 of 1969, as amended.

- UAE Federal Penal Code No. 3 of 1987.

- Iraqi Anti-Terrorism Law No. 13 of 2005.

- UAE Anti-Cybercrime Law No. (5) of 2012.

- UAE Anti-Discrimination and Hate Law No. (2) of 2015.

Fourth: Websites.

- Munther Al-Fadl, Secularism, Religion and Political Islam, research published on the Civilized Dialogue website, Issue (2269) on 2/5/2008, website: http://www.alhewar.org.

- Rapporteur Report of the National Symposium on: Review and Modernization of the Penal Code in Egypt, for Tafra (14-15 December), Cairo, 2029, pp. 1-12. Published on the website: https://www.google.com/url?esrc=s&q=&rct=j&sa=U&url=https://aohr.net/portal/%3Fp%3D11862&ved=2ahUKEwi7vuWfxcaBAxWiQ_EDHX7MDfsQFnoECAAQAg&usg=AOvVaw2JD8jezQY2sgtSNM8s_e-a.