Iraqi authorities detain 27 in Basra over 'wife-swapping' parties

Iraqi security forces have arrested 27 individuals, including married couples, in the southern city of Basra in connection with alleged "wife-swapping" parties, authorities have confirmed to local Iraqi media outlets. While the act falls within a legal grey area due to the absence of explicit criminal provisions, several lawmakers and legal experts have called for amendments to the country's penal code.

The arrests followed a series of raids across various areas of the province, targeting what officials described as organised gatherings involving consensual partner exchanges. The operation has triggered widespread outrage in the deeply conservative city.

Mehdi al-Tamimi, director of the Human Rights Office in Basra, told Rudaw Media Network that some of those detained were local residents, while others had travelled from other parts of Iraq.

He described the events as part of a "wider moral deviation" and an attempt to mislead Basra's society, adding that similar incidents have reportedly occurred in other provinces.

The news sparked strong reactions among Basra's residents, many of whom view the incident as an affront to local customs and religious values and called for the harshest punishments.

Despite the strong societal condemnation, legal experts say Iraq's current Penal Code (Law No. 111 of 1969) does not contain specific provisions criminalising consensual wife-swapping, creating a legal grey area.

"There is a gap in the law," Iraqi lawyers told The New Arab, explaining that the principle of legality—which states that there is no crime or punishment without a legal provision—means prosecutors may struggle to bring formal charges. "This act is not directly addressed by the current Penal Code, likely because such practices were rare or unheard of when the law was drafted."

One lawyer noted that even if such acts fell under adultery laws, a complaint must typically be filed by one of the spouses—a complication in cases of mutual consent.

Another lawyer added that the Penal Code only treats such acts as criminal if one of the participants—particularly the wife—is under the age of 18, in which case the courts could consider it a crime involving a minor incapable of giving legal consent.

However, Dara Sekaniani, a Kurdish MP and member of Iraq's parliamentary legal committee, said the law may still be interpreted under broader moral or public decency provisions to address such cases. 

"Even if a crime isn't specifically listed, the law often contains related articles with applicable penalties," Sekaniani told TNA. "This behaviour clearly violates societal norms, religion, and values—and should have legal consequences."

He added that lawmakers should consider formal amendments to address such gaps, as was recently done with Iraq's Civil Status Law.

Iraq's Supreme Judicial Council has acknowledged a rise in similar cases across several cities. In response, a joint committee involving the Ministry of Interior, the National Security Service, and other agencies has been formed to monitor and penalise those promoting such activities online.

Iraq's Human Rights Commission attributed the apparent rise in these incidents to a mix of social and economic pressures, including a deterioration in moral values, weak state institutions, lack of oversight, and worsening economic conditions.

The 27 individuals remain in custody as authorities continue their investigation. It is unclear what specific charges—if any—will be brought against them.