انتهاك حرمة الأنثى بالتحرش الجنسي بين الشريعة الإسلامية و القانون

Abstract EN

The research stems from the inspiration of the principles of protecting women through the Human Fraternity Document.

The research ended with a number of results, the most important of which are: Sexual harassment is one of the heinous crimes that represent an assault on honor and abuse, and it is a means to adultery and rape, and given the gravity of this act, Shari'ah criminalizes and punishes it.

The term sexual harassment is an accident, and therefore we will not find a consensus of the knowledgeable parents on the prohibition of sexual harassment in this term, but when we contemplate the books of jurists, we will find unanimously the prohibition of its manifestations, its means, and the ways leading to it.

And that the term sexual harassment is one of the modern words that are not typical of our ancestors.

And that Islamic law has included defining and criminalizing sexual harassment and other crimes in many situations and curricula by prohibiting assault on honor and forbidding indecency, evil, and harm to others, both apparent and hidden.

And it can be said that the pillars of the crime of sexual harassment in Islamic legislation are based on three pillars: the legal pillar, the material pillar, and the moral pillar.

And that the expression of sexual harassment does not exist explicitly in the Egyptian Penal Code, but there are many texts in this law that dealt with the perception of sexual harassment as criminalization.

These texts are represented in the articles related to three crimes: indecent assault, indecent act, and insulting a female in a manner that offends her modesty.

Whenever below the facts of the acts that affect the honor such as the crime of sexual harassment, it is considered in Islamic law among the sins that do not meet the prescribed penalties, in which the punishment must be punished.

The penalty for sexual harassment in Islamic law is the disciplinary punishment in all cases, but this penalty is not implemented until its conditions are completed, and the perpetrator is responsible, and this act is proven by known methods of proof.