As for matrimony is to be in maturity, sexual intercourse out of legal marriage with the continuity of a lifetime marriage justifies the punishment If any of the above mentioned conditions does not eadst, the adulterer is to be treated as unmarried | The conclusion of this study shows that there are differences between the Islamic Shari law and the positive law in regard to the adultery as a crime |
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The punishment is also cancelled out when the witnesses withdraw | This study inductively identifies the Shari texts through considering the adultery, its classification, way of proving it, its penalty, its penalty degrees, the way of executing the penalty and the impediments of penalty executing |
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28In this study, adultery as a crime is subject to comparison between the Islamic Shari law and the positive law | On the other hand, this study clarifies the legal procedures of the positive law on how they are adjusted to handle the crime of adultery through filing lawsuits, who has the right to institute the lawsuit, the ways of proving it, prescription or abatement of lawsuit, the view to parties of the crime, the way of detection and the penalties prescribed by the laws against the parties of the crime |
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