The Civil Protection of the Child from Physical Abuse Between Sharia and Libyan and Egyptian Law (Comparative Study)

The Civil Protection of the Child from Physical Abuse

Abstract

Children are the basic building block and main axis of society. Therefore, it is essential to protect and care for childhood both ethically and legally. We find that Egyptian law provides special protection for the child, whether through direct texts that criminalize abuse and neglect against the child or through integrated legislative systems that protect the child from harm. This is in contrast to Libyan law, which has not provided special protection for the child, despite the fact that children in Libya suffer, especially given the economic and social conditions, the lack of religious deterrence, the rigidity of the law, and the exploitation by parents of their legitimate right to discipline. Therefore, it was necessary to understand the position of Islamic Sharia on physical punishment in order to achieve a legislative formulation for statutorily defined beating. We found that Libyan law is stagnant and not keeping pace with events, so we adopted Egyptian law as a model to protect the child with a new legislative formulation.