Law No. 6 of 2024 on the Criminalization of Witchcraft, Sorcery, Divination, and Related Practices

Law No. 6 of 2024 was enacted by the House of Representatives to combat practices of witchcraft, sorcery, divination, and related activities within Libya. Recognizing the harmful impact of these practices on individuals and society, the law imposes strict penalties on those who engage in, promote, or support such acts. It defines key terms, criminalizes various forms of supernatural fraud, and establishes severe punishments, including imprisonment and, in certain cases, the death penalty. By implementing this legislation, the government aims to preserve public order, protect citizens from deception and exploitation, and uphold religious and legal principles. The law is currently in force and has been published in the Official Gazette to ensure widespread awareness and enforcement.

Preamble

The House of Representatives, having reviewed:

• The Provisional Constitutional Declaration issued on August 13, 2011, and its amendments;
• Law No. 10 of 2014 on the Election of the House of Representatives for the Transitional Period and its amendments;
• Law No. 4 of 2014 on the Adoption of the House of Representatives Internal Regulations;
• The Penal Code and its supplementary laws;
• The Code of Criminal Procedure and its amendments;
• And based on the deliberations of the House of Representatives in its ordinary session No. 1 of 2024, resumed on Tuesday, 27 Jumada al-Thani 1445 AH, corresponding to January 9, 2024;

The following law is hereby enacted:

Chapter One: Definition and Criminalization of Witchcraft and Sorcery

Article 1

Definitions

For the purposes of this law, the following terms shall be defined as follows:

• Witchcraft: Any act contrary to Islamic law aimed at affecting the body, heart, or mind through incantations, talismans, knots, spells, or fumes.
• Divination: The claim of knowledge of the unseen and attempts to foretell hidden matters by any means, including fortune-telling, astrology, and similar practices.
• Sorcery: The practice of deception upon the eye, manipulating human perception, or influencing beliefs and thoughts for exploitation.
• Talisman: A composition of names, words, letters, numbers, lines, phrases, tables, symbols, or grids used by sorcerers, often incomprehensible to others, and written on paper, leather, stones, beads, or similar materials.

Article 2

General Prohibition

Any act of witchcraft, sorcery, divination, or any related practice shall be deemed a criminal offense punishable under the provisions of this law.

Article 3

Prohibited Acts

The following acts shall also constitute offenses punishable under this law:

1. Threatening others to perform acts of witchcraft, sorcery, or divination, regardless of the intent behind such threats.
2. Learning or teaching witchcraft by any means, including electronic methods, whether for compensation or free of charge.
3. Soliciting witchcraft, sorcery, or divination services directly or indirectly, with or without payment.
4. Supporting, funding, or aiding witches, sorcerers, fortune-tellers, or their associates by any means.
5. Bringing witches, sorcerers, or fortune-tellers into the country, employing them, or sheltering them.
6. Concealing, harboring, or failing to report witches, sorcerers, fortune-tellers, or their collaborators.
7. Direct or indirect involvement in the commission of acts of witchcraft, sorcery, or divination.
8. Promoting or publicizing witchcraft, sorcery, or divination through books, electronic platforms, media, or any advertising medium.
9. Importing, supplying, or making available tools specifically intended for use in witchcraft.
10. Possessing or acquiring tools related to witchcraft, sorcery, or divination, even if for transportation or safekeeping.
11. Inciting or encouraging any acts criminalized under this law.

Article 4

Proof of Offense

The offenses outlined in this law may be established by confession, witness testimony, or any legally recognized means of evidence. The validity of confessions and testimonies shall be assessed in accordance with the predominant rulings of the Maliki school of thought.

Chapter Two: Penalties

Section One: Punishment for Witches, Sorcerers, and Fortune-Tellers

Article 5

A person found guilty of practicing witchcraft shall be sentenced to the death penalty if their witchcraft involves blasphemy or results in the death of an innocent person.

Article 6

In cases not covered by Article 5, the court may, at its discretion, impose one of the following penalties on a convicted witch:

• Death penalty;
• Life imprisonment;
• A minimum of fifteen (15) years of imprisonment and a fine of one hundred thousand (100,000) Libyan dinars.

Article 7

A person convicted of divination shall be sentenced to imprisonment for a period between ten (10) and fifteen (15) years and fined between fifty thousand (50,000) and seventy thousand (70,000) Libyan dinars.

Article 8

A person convicted of sorcery shall be sentenced to imprisonment for a period between three (3) and five (5) years and fined between ten thousand (10,000) and fifteen thousand (15,000) Libyan dinars.

Section Two: Penalties for Those Involved in Witchcraft, Sorcery, or Divination

Article 9

Any person claiming to have the ability to perform witchcraft, sorcery, or divination, or threatening others with such abilities, shall be sentenced to imprisonment for a period between three (3) and five (5) years and fined between ten thousand (10,000) and fifteen thousand (15,000) Libyan dinars.

Article 10

A sentence of imprisonment for a period between ten (10) and fifteen (15) years and a fine between fifty thousand (50,000) and seventy-five thousand (75,000) Libyan dinars shall be imposed on any person who:

1. Learns or teaches witchcraft or divination by any means.
2. Requests witchcraft or divination services, whether directly or indirectly, with or without compensation.

Article 11

A sentence of imprisonment for a period between eight (8) and fourteen (14) years and a fine between forty thousand (40,000) and eighty thousand (80,000) Libyan dinars shall be imposed on any person who:

1. Supports, funds, or aids witches, sorcerers, or their associates in any form.
2. Brings witches, sorcerers, or fortune-tellers into the country or provides them shelter.
3. Conceals, harbors, or fails to report witches, sorcerers, or their collaborators.
4. Directly or indirectly participates in acts of witchcraft or divination.
5. Promotes or disseminates witchcraft or divination through books, digital platforms, media, or any advertising medium.

Article 12

Any person who imports, supplies, possesses, or facilitates access to tools used for witchcraft, even if for transportation or safekeeping, shall be punished with a sentence of imprisonment for a period between five (5) and ten (10) years and a fine between fifty thousand (50,000) and seventy thousand (70,000) Libyan dinars.

Final Provisions

Article 13

This law shall enter into force on its issuance date and be published in the Official Gazette.

Issued in Benghazi on 7 Dhul-Qi'dah 1448 AH.