جريمة التحرش الجنسي : دراسة مقارنة بين الفقه الإسلامي و قانون العقوبات الجزائري (القانون رقم 15-19)‎

Abstract EN

The crime of sexual harassment is one of the crimes that the world nowadays pays attention to and studies in order to find solutions to it after it becoming a global phenomenon, and it is not limited to workplaces as it also exists in public and private places, and because of the lack of religion in society; The harasser can be an incest of the victim, and victims of this crime are not only women as this crime may also occur on children.

The offense of sexual harassment means the perpetrator's act of assaulting the honor of others by gesture, winking or examining the body of the victim, especially the places of chastity, or by contact or talks that invite others to engage in sexual acts with him.

It is known that the Islamic Shariah does not change over time, or change of place, it has prohibited these behaviors and considered them as an attack on the dignity of human beings and arranged unlimited penalties for them as deemed appropriate by the ruler or imam.

The Algerian legislator in the Penal Code, in his concept of sexual harassment, adopted the approach of Islamic Shariah, and was compatible with it in terms of the severity of the penalties it has decided for this crime in order to achieve public and private deterrence.