College of Law

The Phenomenon of Harassment and Its Impact on Community Security
A Legal Article
Dr. Ahmed Faris Idris
University of Mosul – College of Law

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Introduction

The phenomenon of harassment, in its various forms and manifestations, is a negative phenomenon that threatens community peace and disrupts public order due to its inherent assault on human dignity and personal freedom. Harassment is no longer limited to one aspect; its manifestations have diversified to include verbal, behavioral, physical, and electronic harassment. This necessitates studying this phenomenon from legal, social, and religious perspectives and clarifying the stance of Iraqi legislation towards it and the extent of its adequacy in addressing it.

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First: The Concept and Forms of Harassment

Harassment can be defined as any unwanted behavior, speech, or action directed by one person towards another, involving abuse, threat, or diminution of human dignity, leading the victim to feel insulted, fearful, or unsafe.
Its most prominent forms include:

1. Verbal Harassment: Such as insults, mockery, threats, and offensive language.
2. Behavioral Harassment: Such as stalking, repeated pestering, and provocative gestures.
3. Physical Harassment: Any physical assault or attempted unwanted physical contact.
4. Electronic Harassment: Through social media, messages, and digital platforms.

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Second: The Stance of Iraqi Law on the Phenomenon of Harassment

Despite the lack of a comprehensive definition for the term “harassment” in Iraqi legislation, the Iraqi Penal Code No. 111 of 1969, as amended, addresses these acts through several provisions, including:

1. Crimes Against Personal Freedom: The law criminalizes acts that infringe upon the freedom and peace of individuals, including harassment, threats, and coercion.
2. Crimes Violating Public Decency and Morals: These include actions or statements that offend public decency or harm human dignity, whether occurring in public or private places.
3. Crimes of Threat, Insult, and Defamation: These are common forms of verbal harassment, and the law imposes penalties of imprisonment or fines for them.
4. Harassment in the Workplace: The Iraqi Labor Law No. 37 of 2015 addresses this by prohibiting any demeaning or abusive behavior in the work environment, considering it a legal violation requiring accountability.

It is noted that these provisions, although important, are scattered and not unified, highlighting the need for special and comprehensive legislation that addresses the phenomenon of harassment in its modern forms, especially electronic harassment.

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Third: Society’s Stance on the Phenomenon of Harassment

Harassment is considered socially unacceptable behavior and contradicts Iraqi values and traditions based on mutual respect and the preservation of human dignity. However, weak legal awareness, fear of reporting, and occasional tolerance of such acts have contributed to the exacerbation of this phenomenon, necessitating a greater role for families, educational institutions, and media in spreading a culture of rejection and accountability.

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Fourth: The Stance of Islam on Harassment

Islam prohibits anything that harms human beings or violates their dignity, as God Almighty says: “And do not spy on or backbite one another.” Harassment, in all its forms, is considered a religiously forbidden aggression because it involves harm, injustice, and infringement upon the rights of others. The Islamic religion emphasizes:

1. Preserving human dignity.
2. Safeguarding rights.
3. Preventing harm and aggression.
4. Imposing moral and social responsibility on the individual.

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Conclusion

The phenomenon of harassment represents a legal, societal, and ethical challenge that can only be combated through:

1. Developing Iraqi legislation and enacting a special law on harassment.
2. Activating the role of security agencies.
3. Spreading societal awareness.
4. Consolidating religious and ethical values.

In this way, a balance between legal deterrence and societal prevention can be achieved, ensuring the protection of individuals and their dignity.

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References

1. Iraqi Penal Code No. 111 of 1969, as amended.
2. Iraqi Labor Law No. 37 of 2015.
3. Books on Criminal Jurisprudence – Crimes Against Personal Freedom.
4. The Holy Quran and the Noble Prophetic Tradition.