Characterization and the legal basis for the civil liability of the magician and sorcerer: Comparative analysis research

Abstract

Witchcraft and sorcery are a hidden and unknown work of society that is a source of problems and harm to individuals in society and has a dangerous role in creating more belief among people. This problem is an old renewed problem that is constantly renewed over time and has spread from one era to another. Currently, it is a living issue in our society that the absence of any legal text in the Iraqi Civil Code and the absence of any guidelines has made the issue more intense and more dangerous to individuals in society.

We therefore make a good academic effort to uncover the civil liability of a person practicing witchcraft by referring back to the general rules of civil law in comparative laws such as the UAE Civil Procedure Code, Sudan Civil Procedure Code and Iraqi Civil Code. Focusing on the introduction of magic and divination products، discussing the materiality, of magic and divination products and legal compatibility with civil liability in magic and divination products، and identifying the type of liability that have been ignored in the Civil Code. Hoping to set a precedent for the legislature to pass a law on the subject.