A CONSIDERATION ON THE PROVISIONS OF QURAN WITHIN THE CONTEXT OF SEXUAL OFFENCES

The common denominator of sexual behaviors condemned in the Quran is that all these acts, be it open or secret, in between same or different sexes, are based on mutual consent. Nevertheless, the Quran does not include specific provisions regarding wrongdoings against sexual immunity such as sexual assault (“rape”), sexual abuse and sexual harassment. From a historical perspective, sanctions imposed on forceful violations of persons’ sexual immunities resemble those adopted by then contemporary neighboring societies of Rome, Persia, India and China. As a matter of fact, historical sources suggest that sanctions imposed on such violations in Turkish and Arabic societies resemble the sanctions imposed before these societies adopted Islam. Today, instead of developing new practices through “Kadi justice” method; legal rules should be introduced and practices should be developed by taking into consideration the contemporary criminal law theories regarding the purpose of criminal sanctions, in addition to the provisions of the Quran regarding the limitations of sexual freedom