The repercussions of the psychological motive for committing a crime motivated by the protection of honor in Islamic jurisprudence and Iraqi law - a comparative study

Preserving honor and defending it originates from human beings deep-inside, no human being can tolerate its desecration, and that Islamic jurisprudence and Iraqi law took this motive into consideration and permitted its defense against every aggressor.The Islamic jurisprudence has permitted the defense of honor by every means of defense, starting from the easiest. If a sexual assaulter, does not refrain from the assault, it will be permissible to kill him even before the actual sexual intercourse takes place. However, in the Iraqi law, killing in defense of honor is not permitted except when the actual sexual intercourse takes place per se without any other indecent assaults below it, which its gravity is less than the gravity of the intercourse.If the act (sexual intercourse) occurs with the consent of both parties, then it is not permissible for a person to kill the woman for the sake of preserving his honor except with two conditions; firstly, if there are four witnesses with the person who saw it, and secondly, the woman must be married. If someone kills her without meeting the said actual conditions, then he must be punished in accordance with temporal rules in order to close the door to easy-killing, and not to kill the innocent people under the pretext of defending honor. In Iraqi law, if a man sees his wife or one of his female relatives in the act of adultery and kills her instantly, the punishment will be reduced against the killer taking into account his psychological motive, but the Kurdistan Region of Iraq has suspended acting upon this reduction rule.When the matter comes to responding insult and slander out of a psychological motive, despite the abomination of insult in Islam and the severity of its prohibition, yet, Islam has permitted the response to the insult without transgression in it, but it has not permitted slander whether said in response to another slander or not. However, the Iraqi law permits both of them when intense anger immediately occurs after the attack of the wrongdoer.