Jurisprudential Reflection on feasibility of prostitution in cyberspace

Document Type : Research Paper

Authors

Ph.D.

Abstract

Regardless of differences between Shia jurisprudents in branches related to guilt of prostitution, they have unanimously defined prostitution as total between perpetrators of prostitution. In this research, this question has been scrutinized whether the environment in which prostitution and its actus reus representation takes place is merely material and existential world? In other words, the actus reus aspect of this crime does not happen unless in the tangible natural world? And for this crime to be committed, it should only be represented and feasible in its traditional frame in managing prostitution houses and dealing prostitutes? Then prostitution will be along with offences such as murder, drinking alcohol, adultery, sodomy, and lesbianism which cannot be imagined in the virtual world of cyberspace. Or by accepting development of the total senses and phenomenon of "evolution in senses", directorship of pornographic sites, administration of sexual chat rooms in the Internet networks and also virtual bases in order to introduce prostitutes, and etc. can be the total sense and customary relevance between perpetrators of prostitution and finally realization of criminal title of prostitution in today world? This issue is seldom taken into consideration and reviewed by jurisprudents. The author accepted "development in total senses" and "adequacy of customary total" in realization and truth of the title of prostitution. This paper is organized in order to analysis and jurisprudential answer to these questions.

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