Abstract All constitutions have unanimously agreed on a basic principle, which is the principle of equality before the law, which was stated in the Iraqi constitution of 2005, and since the constitution is the supreme law in the legal hierarchy, and it is not permissible to violate any constitutional principle. The research in one of the applications of the principle of equality (equality between men and women) and specifically about the constitutionality of the provisions of the Iraqi criminal law in achieving equality between men and women.