A reflection on the criminalization of sexual intercourse with the dead bodies in jurisprudence and law

Adultery with the dead or necrophilia is an abnormal sexual disorder in which sexual pleasure arises from liaison with the corpses. According to psychologists, this type of sexual intercourse is a severe mental disorder, and such patients not only need psychotherapy, but also their criminal responsibility is questionable. Article 149 of the Islamic Penal Code also implies such an inference, but contrary to expectations, the legislature has considered sexual intercourse with a corpse to be adultery and the related punishments are considered for the perpetrator. (Whipping for an unmarried adulterer and execution for married adultery) Regardless of the eligibility of a person with necrophilia to be held criminally liable, criminalizing or placing such behavior under the control of criminal law does not follow the principles and criteria governing this matter. Thus, the criminological challenges of this behavior appear in the face of its jurisprudential documents. In this article, we intend to analyze these shortcomings