INCEST: Murder of the Soul: Chapter Four either one of them is a brother-in-law or sister-in-law. The law of Algeria takes into account of the will of the minor. If the act of incest is committed by an adult person against a minor female aged under 18 years, the penalty imposed on the adult person would be more severe than that imposed on the minor. Such an act of incest is considered a crime even if one of its parties is under criminal age. Syrian law considers the act of incest as a misdemeanor crime punishable by 1-3 years in prison in the event that it is committed by relatives of blood relationship, and by a term of not less than (2) years in prison in the event that it is committed by persons of trust. In addition, it cancels the right of the perpetrator to guardianship or custody. Jordanian law as practiced in Jordan considers the act of incest as a crime punishable by not less than seven years of hard labor if committed by persons of blood relationship, and by not less than five years of hard labor if committed by people of trust. It also allowed for the commencement of a criminal action upon the filing of a complaint by a relative of up to the fourth degree of blood tie to one of the perpetrators. Jordanian law in effect in the West Bank considers the crime of incest as a misdemeanor crime punishable by 2-3 years in prison. It also provides that the complaint should be filed by a relative of up to the fourth degree of blood tie or a relative by marriage. Gaza’s Mandate Law considers the act of incest as a felony crime punishable by five years in prison. 2. Component Elements of the Crime of Incest Within law, incest can be understood as having a physical component and a mental component as well, the latter including the important considerations of will and consent. Both have equal significance when considering a case or changing legislation. 1. Physical Element Jurisprudence defines incest as committing adultery with a woman of blood relationship. Adultery means “occurrence of full consensual sexual intercourse between a male and a female; otherwise, it is considered rape. Intercourse is considered to take place when the penis disappears fully into the vagina. The physical element of such a crime depends on the incidence of this activity. Unless penetration occurs, the crime of adultery will not be proven. This means that the sexual act will not be considered adultery unless it is consummated. Otherwise, it will be classed as a crime of misconduct or intent to commit adultery; taking account of the fact that showing intention of committing adultery is not punishable, being considered a misdemeanor act38”. Based on this, the crime of incest is a crime of adultery between persons of blood relationship. This means there is no difference between the crime of adultery and the crime of incest in terms of their criminal nature. The physical element of the crime of incest is the occurrence of natural sexual intercourse, which means disappearance of the penis into the vagina. Unless it occurs in this way, the act, according to al-Saed’s view of the physical element of the crime of adultery, it would be classified as a crime of another type39. 38 Al-Saed, 1993. Crimes against General Ethics and Family, p. 267. 39 Al-Saed, 1993. Crimes against General Ethics and Morals and Family, p. 267. 31