Investigating the Developments of the Islamic Punishment Law Adopted in 1392 Related to Adultery

Islamic punishment law which was approved in 1392 has undergone extensive changes in relation to sexual offences. Some of these changes include clauses of 222, 224 and 226 of the Islamic Punishment Law on adultery with dead, adultery with violent and duress and criminal conversation. The present study through analyzing legal changes, aims at answering whether changes on these crimes have taken criminalization principles as well as time requirements into consideration. Taking a look at most common criminalization principles such as Harm principle, Legal Moralism, Legal Paternalism and contrasting mentioned changes, it is suggested that the mentioned changes have been more affected by time and place requirements, human right consideration, Tanfir Sanctity Principle and prevention Insult to religion than Fiqh principles.