Judicial Procedures for the Protection of the Sexual Inviolability of the Child between Islamic Jurisprudence and Algerian Law

Abstract

This study examines the judicial procedures for protecting the sexual inviolability of the child, a subject of considerable importance in view of the child’s status within society as a physically vulnerable person whose intellectual maturity is not yet complete, thereby making him or her susceptible to various forms of sexual violation. Hence, the following research problem is posed: To what extent are the judicial procedures for protecting the sexual inviolability of the child under Algerian law effective, compared with the judicial rulings in Islamic jurisprudence concerning the protection of honor and sexual inviolability? The study concludes that the judicial procedures provided under Algerian law correspond, in most respects, to the rulings of Islamic jurisprudence. This is addressed by examining the guarantees of procedural protection before the Public Prosecutor’s Office and the guarantees of judicial protection before the courts.