Treachery between Sharia and law
Abstract
The study addressed the crime of premeditated murder in its various forms, as it is considered one of the most dangerous forms of premeditated murder. It involves treachery and deception, which deprive the victim of the ability to defend themselves and undermine the security and stability of society and mutual trust among its members. The study began by defining premeditated murder and explaining its forms. It then examined the proper classification of this crime under Sharia and law, and whether the perpetrator is punished by death as a hadd punishment (hudud) or qisas (retribution in kind). It also examined the position of Libyan law on the matter. The study concluded that premeditated murder is one of the most heinous and severe crimes because it threatens the security and stability of society. Some Islamic Sharia scholars—specifically Maliki scholars—have imposed a harsher penalty for it, namely murder as a hadd punishment (hudud), not qisas (retribution in kind). Libyan law, however, did not distinguish it from other types of murder, instead setting a single sentence for the murderer, namely qisas (retribution in kind), if the conditions for the murder are met.
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