Iraq – Sexual Conduct Laws & Punishments
Overview of laws, cultural context, and historical punishments
Legal Framework
Iraq’s sexual conduct laws are codified in the Penal Code No. 111 of 1969 (as amended) and influenced by Islamic norms. Sexual activity outside marriage is illegal and punishable under multiple provisions.
Article 377 – Penal Code: “Any married person who commits adultery shall be punished by imprisonment not exceeding five years. The same applies to the partner of the adulterer.”
Homosexuality is not explicitly named in the Penal Code, but prosecutions occur under morality and public decency provisions; militias have historically carried out extrajudicial violence against LGBT people.
Punishment Summary Table
| Offense | Legal Punishment | Notes |
|---|---|---|
| Adultery (married) | Up to 5 years’ imprisonment (Art. 377) | “Honor killing” mitigation under Art. 409 |
| Premarital sex (zina) | Imprisonment / corporal punishment | Applied as a moral offense; varies by judge |
| Homosexual acts | Prison under “public indecency” laws | Extrajudicial risks from militias |
| Public indecency | Fines, imprisonment | Kissing/touching or sexual behavior in public |
| Honor killing | Reduced penalty (≤3 years’ detention, Art. 409) | Men may evade full murder penalties |
Current Punishments
- Adultery: Up to 5 years’ imprisonment (Art. 377 IPC). If caught in the act, the spouse may kill both partners with mitigated penalty under Article 409.
Article 409 – Penal Code: “Whoever surprises his wife or one of his female relatives in the act of adultery and kills them immediately is punishable by detention not exceeding three years. He is exempted from punishment for murder.”
- Premarital sex (zina): Treated as a moral offense; penalties range from imprisonment to corporal punishment depending on judicial interpretation.
- Homosexual acts: Prosecuted under public indecency; sentences include prison terms and corporal punishment. Militias and social enforcement remain threats.
- Public indecency: Imprisonment or fines for kissing, touching, or sexually suggestive behavior in public.
Historical & Extra-Legal Punishments
While stoning is not explicitly prescribed under the current Penal Code, during the 1990s under Saddam Hussein, reports documented executions and severe corporal punishment for adultery and homosexuality, including stoning and beheadings in certain provinces.
“Honor killings” persist: men who kill female relatives for perceived immorality often receive reduced sentences under Article 409. Tribal councils may enforce extrajudicial punishments outside the formal legal system.
Social & Cultural Context
Iraq is socially conservative. Premarital relations are taboo and legally risky. Public displays of affection are frowned upon and can lead to arrest. In the Kurdistan Region, enforcement is somewhat more relaxed, though the same Penal Code applies.
Western visitors should avoid pursuing sexual relationships with locals. Even consensual relations can lead to prosecution or family retaliation. Relationships within expat circles are comparatively safer but must remain discreet.
Insider Notes & Quotable Voices
“Honor is central—sexual relations outside marriage are not just a private matter but a family affair.” — Iraqi lawyer
“In Kurdistan you might find more space, but Baghdad remains extremely conservative.” — Expat aid worker
References
Iraq Penal Code No. 111 of 1969 (as amended), Articles 377, 409.
Human Rights Watch. (2023). Iraq: Violence against women and LGBT persons.
UNAMI. (2022). Report on human rights and rule of law.
Amnesty International. (2024). Iraq: Legal framework on morality and personal status.