Critical analysis of article 637 of Islamic criminal law

Illegal relationship and non-adultry affairs are a category of crimes that has discretionary punishment. There is no definition for nonadultry affairs in Islamic criminal law. However, in article 637, these two terms have been mentioned illegal relationships and non-adultryaffairs have different definitions. Illegal relationship is every connection between non-married man and woman with the purpose of pleasure but non-adultry affairs is defined as physical contract between a nonmarried man and woman without any sexual intercourse with the purpose of pleasure.In order these crimes to occur three elements are necessary; legal element, actus rea and mens rea. Crimes have two properties: firstly, they are not forgivable. Secondlythey don’t have limitation period. The punishment for illegal relationship and non-adultry affairs is up to ninty nine lashes which does not seem to be just based on the differences in the nature of these two crimes.