Criminal Responsibility for Blasphemy Against the Divine Entity Under the Provisions of the Iraqi Penal Code

Prepared by: Assist. Prof. Dr. Moataz Ali Sabbar
Head of the Law Department – College of Law – University of Anbar

In accordance with the saying of our Prophet Muhammad (peace be upon him):
“Whoever among you sees an evil, let him change it with his hand; if he is unable, then with his tongue; and if he is unable, then with his heart—and that is the weakest of faith.”

This article stems from a fundamental question:
To what extent can an individual be held criminally liable for behavior originating from inner psychological disturbances or ideological deviance, as manifested in blasphemy against the Divine Entity?
Or does personal suffering draw a "red line" beyond which the hand of the law may not reach?

Introduction

In the context of rapid digital expansion and increasing reliance on social media, Iraqi society has recently witnessed deviant and dangerous behavioral phenomena indicative of moral and ethical decline. Among the most notable of these are individuals—intellectually and ideologically deviant—who engage in live broadcasts via platforms such as TikTok, uttering obscene language that constitutes blatant insults against the Divine Entity, transgressing the bounds of decency, religion, and law.

These acts are not merely individual expressions of disorder or rebellion, but reflections of broader moral and intellectual deterioration that threaten the cultural and religious fabric of society. They necessitate a serious and coordinated response from relevant institutions to curb this transgression and preserve the core values upon which Iraqi identity is based.

Purpose of the Article

This article seeks to examine and diagnose this emerging phenomenon, analyze its legal ramifications, and highlight the stance of the Iraqi legislature concerning such behavior. It also explores effective strategies to confront and contain the phenomenon.

I. Legal Framework for Criminalizing Blasphemy Against the Divine

Blasphemy against the Divine Entity falls under crimes of assault on religious sanctities. The Iraqi Penal Code No. 111 of 1969, specifically Article 372, criminalizes acts that offend religious beliefs and rituals.

Although the law does not explicitly mention “blasphemy against the Divine Entity” as a distinct offense, Iraqi jurisprudence and judicial practice include such behavior under the scope of Article 372, based on the premise that the Divine Entity represents the highest form of sanctity. Any offense directed at this entity is thus treated with the utmost seriousness.

II. Elements of the Crime

1. Material Element:

This refers to the perpetrator’s act, such as using insulting language or disseminating written or visual content that explicitly offends the Divine. A clear example is the current trend of live streaming via social media platforms, during which individuals publicly utter phrases that blatantly attack the Divine Entity—thereby fulfilling the condition of public exposure required for the crime to be constituted.

2. Moral Element:

This involves criminal intent—namely, the awareness of the perpetrator of the nature of their actions, and their deliberate intention to insult, mock, or deride the Divine Entity. Many of the individuals involved in such actions are seen preparing carefully for the broadcast, selecting settings, focusing on their devices, and interacting with viewers—clear indicators of full criminal awareness and intent.

III. Prescribed Penalty

Article 372(1) of the Penal Code stipulates that any person who publicly insults the rituals of a certain religion or incites contempt for it shall be punished with imprisonment of up to three years or a fine, depending on the severity and circumstances of the act. In cases involving aggravating circumstances—such as repetition, public dissemination, or use of mass media—the penalty may be increased in accordance with general criminal law principles.

IV. Position of the Iraqi Judiciary

The Iraqi judiciary has taken a firm stance on this crime, considering blasphemy against the Divine Entity a moral and religious offense that disrupts public order and social peace. As such, the courts handle these cases with great seriousness, particularly when they involve public acts through social media or large gatherings.

This type of offense is not tolerated socially, as it undermines the collective values and spiritual foundation of the community, warranting legal deterrence and social condemnation.

V. Means of Confrontation

1. Role of Security Institutions:

• Deterrent Measures: Enforce existing legal provisions criminalizing blasphemy, and consider increasing penalties in cases involving publicity or repeated offenses.

• Electronic Monitoring: Monitor digital platforms to detect and control violations of religious norms.

• Legal Awareness Campaigns: Educate the public on the seriousness of insulting religious sanctities and the penalties that such actions entail.

2. Role of Religious Institutions:

• Moderate Religious Discourse: Promote balanced religious messaging that emphasizes the sanctity of the Divine and warns against transgressing religious boundaries.

• Sermons and Religious Lessons: Highlight the spiritual and social consequences of this crime in mosques and religious settings.

3. Role of Social Institutions (Family, Schools, Media, Civil Society):

• Proper Religious Upbringing: Foster reverence for the Divine and respect for religious values in homes and educational institutions.

• Promote Tolerance and Respect: Instill ethical values to protect individuals from falling into mockery or blasphemy.

• Purposeful Media Content: Produce programs and materials that reinforce the importance of religion and counter negative narratives.

• Psychosocial Counseling Centers: Address underlying psychological or social issues that may drive individuals toward such behaviors.

Conclusion

Blasphemy against the Divine Entity is not merely a legal transgression—it is a direct assault on the religious and moral foundations of Iraqi society. While freedom of opinion and expression is constitutionally protected, such freedom does not extend to actions that violate sacred values or offend religious sentiments.

The Iraqi legislator and judiciary are committed to maintaining a delicate balance between freedom and responsibility, ensuring the protection of spiritual dignity and safeguarding societal harmony. Confronting this offense requires a united front involving legal enforcement, religious guidance, and social education to preserve the sanctity of belief and prevent the erosion of moral values.