The Civil Liability of Practitioners of Magic and Spiritual Healing

Abstract

This study addressed the topic of magic and the severe damages it causes, affecting individuals and society as a whole. Given the seriousness of these actions, the researcher focused on studying their legal and social dimensions, using the descriptive method to define the concept of magic and Its types, and to clarify the position of Jordanian civil law on these practices. The study concluded with Important findings, the most notable of which is that It may be difficult for the plaintiff to provide material evidence to prove the causal link between the harmful act committed by the sorcerer and the damage Incurred. Moreover, technological advancement, particularly in the field of social media, has significantly contributed to enabling sorcerers and charlatans to reach a wide audience, leading to the spread of these harmful phenomena. Based on this, the researcher recommended the necessity of adopting a presumed legal presumption regarding the causal link, so that the burden of disproving It falls on the defendant, provided that this presumption is simple and can be disproven. The study also recommended the need to enhance oversight of social media platforms to limit the spread of these dangerous practices and protect society from their negative repercussions. This study contributes scientifically by highlighting the legal and social complexities of magic-related harm, particularly the challenge of proving causation in legal claims. It adds originality by proposing a presumed legal presumption to shift the burden of proof and recommending stricter social media regulations to curb the spread of harmful practices.