The The Acceptable Requirement of the Iraqi Legislator is the Marital Home in the Crime of Adultery of the Husband

Abstract

The protected interest in family crimes is the family entity as the nucleus of society and the basic unit in the formation of society as its integrity is from the integrity of society and its corruption is from the corruption of society, so the legislator penalizes any act that would affect this entity. Among the family crimes that the legislator punished is the crime of adultery, as the essence of this crime is not sexual intercourse in itself, but rather it is the violation of the spiritual sincerity between the spouses, as this crime affects the family entity and leads to its collapse, and the aim of the legislator in criminalizing it is to protect the family entity from disruption and corruption on the one hand and to protect the unity of the family and its entity as a social and legal system on the other hand, and as the interest required by the legislator from requiring the husband’s adultery in the marital home without the wife is due to the legislator’s focus on the acts that directly threaten the stability of the family and constitute a clear violation of the foundations of trust and security on which marital life is based, which justifies the legislator’s intervention to vindicate the wife on the one hand, and on the other hand we find that the legislator’s requirement of the marital home in the husband’s adultery is to protect the woman from  Insult or psychological harm resulting from the desecration of their shared living space.