Magic between Islamic Sharia and Law

Abstract

Magic is a social phenomenon that has become increasingly prevalent in recent times and has generated considerable controversy. Opinions regarding it have varied, particularly between religious schools representing Islamic Sharia and scholars of positive law. Most Islamic countries have attempted to establish a legal definition of this phenomenon, determine the legal provisions governing it, and consequently prescribe appropriate penalties for acts of magic.

As the Libyan legislator keeps pace with Arab legal systems and follows their approach in enacting laws regulating the various phenomena existing within society, Libyan legislation has prescribed penalties for magic ranging from fines and imprisonment to life imprisonment. In certain cases, the punishment may extend to the death penalty in order to prevent the spread of such practices, which may result in the loss of human life. Almighty Allah has emphasised the sanctity of human life in the Holy Qur’an and prohibited any unlawful violation of it, stating:

“Whoever kills a person—unless in retribution for murder or for spreading corruption in the land—it is as if he had killed all mankind; and whoever saves a life, it is as if he had saved all mankind.”

This study examines the linguistic and technical definitions of magic, followed by an explanation of its ruling and punishment under Islamic Sharia. It then discusses the legal concept of magic, its ruling, and the penalties prescribed for it under selected legislation in a number of Arab countries, concluding with an examination of its regulation under Libyan law.