Verbal Violence between Islamic Sharia and Positive Law

Abstract

This study employs a comparative analytical methodology to examine the convergence between Islamic Sharia and Algerian positive law in regulating verbal violence. It finds a fundamental normative alignment, as both systems criminalize verbal aggression to protect human dignity, with Islamic jurisprudence establishing this principle centuries earlier.

The research outlines a shared typology, classifying verbal violence into forms such as insult, defamation, and public shaming under Sharia, which correspond to offenses like defamation, insult, and threat under Algerian law. A key development is Algeria's 2015 Penal Code reform, which explicitly criminalized verbal violence and strengthened protections for women and minors. While Sharia emphasizes a preventive, value-oriented approach, Algerian law focuses on punitive measures. The study concludes that despite this difference in mechanism, both frameworks agree on the prohibition of verbal violence. It recommends integrated strategies combining legislative clarity, ethical education, and public awareness to effectively address the issue.