New Examples of Illegal Sexual Relationships other than Adultery and Their Punishments in Islamic Jurisprudence and the Law of Iran and Afghanistan

Illegal Sexual Relationship other than Adultery has been forbidden by the jurisprudents of Islamic religions and is still considered a crime under the laws of Iran and Afghanistan and its punishment is Ta‘zir. Jurisprudentially, the Illegal Sexual Relationship other than Adultery is the relationship of a man and woman which is against Shari‘a and law and it entails punishment even if no intercourse has happened, otherwise it is considered adultery. Legally, by law, when there is an unlawful relationship between a man and a woman who has no marital relationship, it is called an illegitimate relationship. It should be borne in mind that illegal sexual relationship other than adultery is not exclusive or limitative (hasri) but it is allegorical (tamthili); some of today’s common criminal offenses have not been addressed in Islamic jurisprudence nor in the existing penal code of Iran and Afghanistan. Therefore, this paper is trying to identify old and recent cases of illegal sexual relationships other than adultery and, considering the legal and jurisprudential principles of crime, express their statutory punishments in a comparative way from the views of Islamic jurisprudents and law of Iran and Afghanistan.