ضوابط إجراءات تفتيش األنثى بين مبادئ الشريعة اإلسالمية والمقتضيات القانونية )دراسة مقارنة بين النظامين القانونيين السعودي والمصري(.

2nd Volume 2024- 2nd issue
الأربعاء, يونيو 26, 2024

Abstract
The study examined the controls of female inspection procedures between Islamic
Sharia principles and legal requirements (Comparative study of Saudi and Egyptian
legal systems), the problem of the study was the practical inadequacy of the law’s
provisions on female inspection, often. In addition to the legislative shortcomings
of the legislature in the Saudi and Egyptian systems and some Arab legislation, a
very important topic is The importance of the study stemmed from the importance
of women and the need to give them legal protection, Preservation of its chastity
and preservation of its dignity when conducting an inspection affecting its chastity
positions The study aimed at indicating the controls of the female inspection
procedures, the extent to which they relate to public order and the legislative and
practical deficiencies, and found a number of findings, the most important of which
were: The rationale of a female scar to carry out a female search procedure is that
the inspection means that all her apparent and hidden physical positions are
sensitized in order to detect them This includes examining her clothes, something
that legitimacy and law refuse a man to do, Overlooking a female’s assignment to
conduct a female search invalidates the procedures carried out as a result of that
inspection In addition, the presence of female witnesses to attend the inspection
with the women delegate to do so is a fundamental issue that has been ignored by
Saudi and Egyptian legislators and by Kuwaiti and Yemeni legislators. The study
recommended several recommendations, the most important of which are: We
recommend that a female witness, accompanied by the female delegate, be present
for searches. We also recommend that criminal police officers be very careful when
conducting a female search and not deliberately conduct it with another female
2 |
because it constitutes an infringement of her privacy and may cause criminal
proceedings (for example, harassment).