The Independent Commission for Human Rights
engaging in intercourse with a girl under the age of 15 years, indecent assault by violence
or threat, indecent assault without violence, and the crime of a guardian committing
intercourse with a girl under aged 18 who is under his guardianship.
This section shall discuss the crime of incest within national legislation to highlight the
legislative gaps of the laws in force within Palestine with a view to develop a legislative
frame in compliance with the principles of human rights and human dignity of women.
1. The Concept of Incest under Various Laws
The meaning of incest according to Lisan al-Arab dictionary is debauchery, and adultery
committed without contract29. Incest is defined as a banned sexual relationship between
two persons of blood relationship resulting in indecency, according to religious and cultural
standards, depending on the degree and type of kinship. Such a crime dismisses the roles
of paternity, maternity, fraternity and other forms of kinship on the maternal and paternal
sides30. This crime lies within criminal and social taboos with adverse consequences on
the victim. The consequences could stop the victim’s psychological, emotional and sexual
growth. It is seen as an old pan-cultural plight, even older than the prohibitions which
have been put on it. Incest was banned under the universal institutional law31.
Most human societies regulated the provisions and legislations which organize permanent
and temporary sexual relationships. They prohibit and punish marriage of a father to
his daughter, brother to his sister, or a son to his mother. Marriage of a person beyond
these degrees of blood relationship was also regulated by laws and legislations banning
some and allowing others. For example, they prohibit a stepfather from marrying his
stepdaughter, even though they have no blood relationship32
The danger of incest lies with the fact that the offender is expected to be a guardian or
protector of the victim and a source of comfort and assurance for her. For this reason,
it is considered a criminal act punishable by most international laws. Jurisprudence
defines incest as adultery among people of close blood relationship or fornication of
people of blood relationship. Regardless of what names or terms it has, they denote
full sexual intercourse between a man and a woman of blood relationship, an actual or
legal relationship where the man committing sexual intercourse with the woman is her
29 Lisan alArab;electronic copy on the following web site. http://www.alwaraq.net/index3.htm?u=http://
www.alwaraq.net/Core/Body.jsp?option=2
30 Al-Saed, 1993. Crimes against General Ethics and Family, comparative analytical study p. 266.
31 . Mary Shaharstan: man between biological development and cultural adaptation. Article published on the
page of the researchers: date of entry 2-2-2012. (albahethon.com\print_details.php.
32 A survey was made in France for the first time on the number of people subjected to this violation (Disclosing
a plight of public health). There is also a parliamentary report suggesting amendment of the penal code. It
is a precedent as there is no survey discussing incest in France. The Victims Association justifies its action
by claiming that it intends to break the taboo by publishing such findings about the victims of this sexual
arbitrariness. The findings show that 3% of the French were victims of incest. The investigative survey
was conducted on a national category of 931 people upon the request of Association of Incest Victims
International (AIVI). Two million people were subjected to this violation according to the survey. The
chairwoman of AIVI believes that one person out of ten has been subjected to this violation. The medical
doctor at the Sexual Violation Minor Victims Center in Trousseau Hospital said “we want to prove that
incest doesn’t only happen in the outlying French farms; it is a public health plight occurring in the different
sectors; it isn’t limited to a special milieu or to deprived families’. Documented in Shaharstan, 2012.
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