الحماية الجزائية للشعائر الحسينية ( دراسة مقارنة)

Rp-Penal Protection for Husseini Rituals (Comparative Study).pdf

Abstract
The Religious Rituals in general and the Husseini rituals in particular reflect the religious freedom that were sponsored by Constitutions of countries. So it is mandatory to providing penal protection by the concerned officials of the state to insure their practice safely. In this regard the legislator has to enact the necessary laws to protect those rituals, and execution authority has to provide the required protection to practice those rituals freely and safely, and it is the judicial authority through the criminal courts has to impose the most severe penal penalties against the perpetrators of crimes committed against the rituals. To this end, the religious associations have to constantly strive, and be fully supportive either materially or morally in responding towards problematic that arise about the holding of these rituals.
In general, the punitive laws had an important impact in protecting religious rituals, including Husseini rituals. The amended Iraqi Penal Code No. (111 of 1969) protected everything that affected religious feelings, as did the amended Kuwaiti Penal Code No. (16 of 1960) by confronting the violation of the sanctity of religions, and the Bahraini Penal Code No. (15 of 1976), as amended, regarding crimes affecting religion.
The study dealt with the subject in two chapters. In the first chapter the penal provisions for the protection of the Husseini rituals was addressed, by explaining their definitions, their legal basis, and the legal and non-legal philosophy for the protection of the Husseini rituals. Then we touched on the forms of penal protection for the rituals in the second chapter, and an explanation of the most important crimes that affect the rituals. And we have reached a set of conclusions, the most important of which is that preventing and disrupting Husseini rituals for political, sectarian or national purposes is described as a crime (restricting individuals’ religious freedoms), so it is a terrorist crime according to the Anti-Terrorism Law No. (13 of 2005). The punishment for the perpetrator may reach the death penalty, and the protection of rituals is not limited to a special place. It may be practiced in places prepared for them, such as holy shrines, mosques, Husseiniyyas, and processions, or outside those places, such as squares, open areas, and public streets. Protection is prescribed for the same rituals and in any place in which they are practiced. We have presented many proposals to the legislator and the competent authorities, including legislating a special law called (Husseini Rituals protection law) based on the text of Article (43 / First / A) of the Constitution of the Republic of Iraq for the year (2005), and a citation of the Penal Code that criminalizes the exploitation or use of Husseini rituals to promote a political movement or electoral propaganda.