Interpretative Analysis of Article 637 of the Islamic Penal Code: Legal Challenges in Criminalizing Physical and Non-Physical Illicit Relationships

Nikoomanzari, Amin; Maarefi Zanjani Asl, Hamidreza

doi:10.22034/juris.2025.2051086.1006

Interpretative Analysis of Article 637 of the Islamic Penal Code: Legal Challenges in Criminalizing Physical and Non-Physical Illicit Relationships

Document Type : Original Article

Authors

amin nikoomanzari ¹

Hamidreza Maarefi Zanjani Asl ²

¹ Judge, PhD in Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran

² Master of Science in Corrections and Criminal Justice Management, University of Judicial Sciences and Administrative Services, Tehran, Iran

10.22034/juris.2025.2051086.1006

Abstract

Ambiguity in the concept and scope of “illicit relationships” under Article 637 of the Islamic Penal Code—particularly concerning non-physical and virtual conduct—has led to divergent interpretations, inconsistent judicial practices, and reduced legal predictability. The absence of a precise definition and clear criteria for the material element of the offense increases the risk of violating the principle of legality and encroaching on privacy rights. This study, conducted through a descriptive–analytical method based on legal texts, Islamic jurisprudence, and judicial opinions, reveals three main interpretive approaches to Article 637: a narrow approach limiting its scope to physical contact; a broad approach extending it to non-physical interactions with sexual content; and an intermediate approach requiring criminal intent and specific corroborating evidence. Evidentiary challenges in digital contexts, susceptibility to subjective interpretations, and the lack of explicit statutory language have resulted in inconsistent rulings and undermined criminal justice. Accordingly, legislative reform, the drafting of judicial guidelines, and specialized training for judges are essential to safeguard individual rights and promote consistency in judicial practice.

Keywords

Contact relationship

Non-contact relationship

Cyberspace

Judicial practice

Legislative challenges