Murder by Witchcraft between Islamic Sharia and Law

Abstract

This study aims to clarify and explain the truth about murder by witchcraft in Islamic jurisprudence and methods of proving it, and to explain the Libyan criminal law on it. The study followed the inductive, comparing, and analytical approach, by extrapolating the sayings of jurists, comparing jurisprudential schools of thought, and analyzing the texts of the law. The study reached several results, the most important of which are ;that magic has many meanings due to the difference in its reality and the effects resulting from It ,and that the ruling on magic is blasphemy according to the agreement of the imams of jurists, and the positions of countries and man-made laws varied regarding the crime of magic some of whom were content with describing it as a fraudulent crime, and some of them considered it an independent crime deserving of punishment. Most jurists have made magic a form of premeditated murder that requires retaliation. However, the Libya legislator did not explicitly stipulate that magic is not valid as a means of killing considering magic is a moral means, it is difficult to prove, and not all methods of proof are suitable for proving this crime. This study could open new horizons for scientific research related to murders by magic, which will enrich the scientific library in this field.