التحرش الجنسي بالأطفال في منظور الفقه المالكي

Abstract EN

Many people accuse the Maliki jurisprudence of being a traditional jurisprudence that did not deal with new urgent issues that affect childhood.

Some of them went as far as to accuse it of neglect when it comes to the issue of children's sexual harassment and covering it up and it did not treat the offender in proportion to his offence.

Hence, this article comes as a response to this false accusation and to show the interest of Islam in general, and the Maliki jurisprudence in particular, in childhood and the criminalization of child abuse.

The paper demonstrates the Quranic and Prophetic perspective on child molestation.

In addition, it sheds light on the particular interest the Maliki jurisprudence attaches to the phenomenon of child abuse and how it addresses it from both preventive and solution-seeking perspectives through Injunctive and disciplinary punishments it has decreed for the rapist such as the beating, the flogging or the execution of the perpetrator.

These are all decisions that demonstrate the importance the Maliki Jurisprudence gives to the child even before his birth until his puberty, such care is considered a pioneering and leading work which pre-dates many international decisions.