جرائم العرض و انتهاك الآداب العامة في تشريعات المغرب العربي

Abstract

Maghreb legislation enactid penal provisions through wich it tried to cope with a large number of crimes, including the crime of aggression and violations against public morality. With these laws, they sought to preserve decency and morality of individuals and their privacy, while trying to follow the evolution of legal thought that has sought to establish laws that criminalize such odious acts. In addition, they tried in many cases not to be out of the Islamic legislation, which was the point of view of some of these countries. Moreover, even if we note that these laws, although they may agree to face these crimes in the same way, they differ in many points and have, on one hand, failed to address these crimes in a united manner, and on the other hand, they differ from the principles of Islamic legislation, with criminalizes such acts within the scope of Shari’ah. However, criminalization laws in the Maghreb were essentially based on the protection of freedom and the identity of individuals. If a violation against morality and de decency do not touch this privacy, it will be permitted; in other words, they have followed in some of their legislative texts the western thought. Therefore, this study aims to address the Maghreb legislation and their criminalization of violations against public morality. We have tried to show the similarities and differences between these laws. And we arrived at a number of findings, including: The failure of this legal arsenal in the jurisdiction or even to reduce the spread of these crimes in the Maghreb; and the rise of these forms of criminality day by day is the greatest proof of this. This confirms that we must reconsider the legal texts and principles based on law, and make concerted efforts by following the principles of Islamic law (Shari’a).