The Interest Considered In Criminalizing Attacks On The Right To Practice Religious Rites

Abstract

Human rights are one of the important topics under which several topics related to human rights fall, perhaps the most important of which is the right to choose one's faith and practice religious rites, which is one of the constitutional rights guaranteed by the Constitution, as it affirms in Article (43) that "every religion or sect is free to practice religious rites, including Husseiniya. 2- The State shall guarantee freedom of worship and the protection of its places."

The Penal Code followed the approach of the Constitution and stressed the right of a person to protect his religious rites and criminalize assault on them, so the legislator affirmed the right to practice religious rites by criminalizing anyone who assaults them, and the philosophy of the legislator lies in protecting religious rites because they are associated with freedom of belief as well as freedom of expression, as well as protecting social solidarity, community peace, respect for beliefs, acceptance of the principle of peaceful coexistence and not forcing members of society to practice religious rites without the other, in the sense of protecting the freedom of human will and the ability to choose and this philosophy The legislator sought to criminalize the assault on the right to practice religious rites are the considered interests that he saw as worthy of protection.