Abstract

This study examines the crime of parental disobedience (Uquq al-Walidayn) from a comparative legal and jurisprudential perspective, in light of the legislative amendment introduced by Law No. (10) of 2024 to the Iraqi Penal Code, which restructured Article 384 and included disobedience within social crimes. The study aims to clarify the legal and religious basis of this crime, analyze its material and moral elements, and assess the effectiveness of the provision in protecting the family and enhancing the status of parents amid social and economic changes.
The research also addresses issues related to the application of the new provision, such as the ambiguity of the term “disobedience,” the narrow scope of family protection, and the overlap between complaint-based and ex officio prosecution systems. The study concludes that the provision requires legislative development to ensure clarity and comprehensiveness of criminalization, with practical recommendations to expand protection to include grandparents and guardians, precisely define punishable acts, and promote societal awareness of the duty of filial piety.