Al-haq Journal for Sharia and Legal Sciences
Al-Haq Journal is a semi-annual, peer-reviewed academic journal issued by the Faculty of Law at Bani Walid University. It specializes in publishing research in the field of Sharia and law in all its branches. It is managed and supervised by a select group of highly qualified and experienced Sharia and law professors. The first issue was published in February 2014. The journal's objectives include publishing legal and Sharia research by researchers and legal scholars, including university professors, judges, lawyers, and specialists in legal and Sharia fields, contributing to the journal's academic content and providing commentary in their fields of expertise. The journal is available online at link It is published twice a year, and a publication fee of 500 Libyan dinars is charged for submitting research for evaluation. Research is published in Arabic, English, and French, and research in the field of Sharia and legal sciences is also published. Note that the journal's research is indexed with a DOI Crossref and is indexed on Google Scholar. It also allows direct and open access to its contents, based on the principle of making academic research freely available to the public on the journal's website. It has ISSN 3005-3919. The journal also relies on Open Journal Systems (OJS), an open-source software application for scholarly journals, used by more than 25,000 people worldwide. Open access can increase the journal's readership and contribute to the enrichment of forensic and legal sciences. The journal ensures the validity of research and detects irregularities through the use of plagiarism detection software, Turnitin. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Administrative refusal to implement court rulings in Libyan law (Problems and solutions)
This research addresses the issue of the administration's refusal to implement judicial rulings, highlighting the reasons that lead to this refusal and its effects on the principle of the rule of law and individual rights. The research reviews legal experiences and shows the challenges facing the implementation of rulings, including bureaucracy, lack of resources, and political pressures. The research also provides guidelines to enhance the effectiveness of the legal system, including improving legislation, establishing specialized executive units, and strengthening oversight and accountability. The research aims to emphasize the importance of implementing rulings as a fundamental factor in achieving justice and protecting human rights.
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Additions by Ibn Abi al-Dunya in his book "Condemnation of Oppression" to the Six Books: A Comparative Hadith Study
This study examined a book of Prophetic traditions, namely "Dhamm al-Baghy" by Ibn Abi al-Dunya, with the aim of identifying the hadiths it contains that are unique to the six canonical hadith collections. The study employed a comprehensive methodology that included collecting these additions, examining their chains of transmission in detail, tracing the narrators' circumstances, investigating the rulings of early hadith critics, and finally presenting a concise summary of the assessment of these hadiths. The study concluded that "Dhamm al-Baghy" contains only three hadiths that are unique to the six canonical hadith collections. The results of the study revealed varying levels of authenticity among these narrations.
Developmental Approaches to Contracts in Islamic Banks An Applied Jurisprudential Study
This study examines the methods and forms of developmental contracts in financial institutions in light of Islamic jurisprudence (fiqh). It aims to clarify the concept, characteristics, and features of developmental contracts, while explaining the theoretical framework of Sharia supervision as a fundamental criterion for evaluating these contracts. The study also explores practical applications of developmental contracts in the Libyan Development Bank. The research problem centers on the question of the legitimacy of developmental contracts and the identification of their Sharia-based controls. The application of such contracts in financial institutions requires an in-depth analytical study to ensure their compliance with Islamic legal principles. Since Sharia supervision serves as a key criterion for assessing and regulating developmental contracts in banking practices, it guarantees their integrity and protection from prohibited elements such as fraud and usury (riba). The study adopts a descriptive-analytical approach, relying on both primary and secondary data gathered from relevant jurisprudential sources, peer-reviewed journals, and academic research websites to analyze texts and evaluate practical implementations. The findings reveal that developmental contracts represent one of the most important contemporary Sharia-compliant financial tools, as they balance economic development requirements with Islamic legal standards. Furthermore, the Libyan Development Bank provides a practical model that can be developed and generalized to other financial institutions through the adaptation of developmental financing contracts consistent with Sharia principles, ensuring the absence of riba and gharar (uncertainty).
Mohamed Alhassan Mohamed Hamed Alhodairy
The Impact of Emergency Excuses on Contractual Obligations in a Lease Contract "A Sharia and Legal Perspective"
This study examines the impact of unforeseen emergency circumstances or force majeure on the implementation of obligations arising from a lease contract, whether for a residential or commercial property. This study examines the impact of unforeseen emergency circumstances or force majeure on the implementation of obligations arising from a lease contract, whether for a residential or commercial property. It examines this from a dual perspective, combining Islamic jurisprudence, Libyan positive law, and comparative law. It highlights the legal and Sharia-based classification of an emergency excuse, which differs from force majeure in that it makes implementation burdensome, not impossible. The study aims to clarify the rules governing the right of the landlord and tenant to request modification or termination of the contract when this circumstance occurs. In Islamic law, the matter is addressed based on the principles of justice and the removal of hardship, which may authorize the judge to reduce the tenant's obligations or terminate the contract. In law, the theory of unforeseen circumstances gives the judge the authority to restore the financial balance of the contract, often by reducing the rent or temporarily increasing the landlord's obligations. The two visions agree on achieving contractual justice and preserving the economic balance of the contract from collapse, while establishing strict controls for the application of this principle, such as the excuse being general, unexpected, and unpayable.
Narrators criticized by Imam Abu Hatim al-Razi in Imam al-Bukhari's book "The Weak and Abandoned"
This study explores the status of specific narrators included by Imam Al-Bukhari in his work "Al-Du‘afa’ wa Al-Matrukin". It specifically examines those narrators whose inclusion was contested by Imam Abu Hatim Al-Razi. The research is structured alphabetically by narrator, divided into three main sections. The first section provides an introduction to both prominent Imams. The second section covers narrators from (Alif) to (Qaf) whose presence in "Al-Du‘afa’" was disputed. The third section continues this analysis for narrators from (Qaf) to (Ya). The findings indicate that Imam Al-Bukhari employed broad criteria and had distinct objectives for including narrators in his book "Al-Du‘afa’". Conversely, Imam Abu Hatim presented compelling arguments against their classification as Al-Du‘afa narrators.
Preaching pauses from Surat Al-Baqarah: A study in thematic interpretation
This research aims to highlight the preaching references and connotations in Surat Al-Baqarah, focusing on deducing meanings related to preaching issues. It is based on personal contemplation and reflection on the verses of the surah, with occasional assistance from relevant sources and references. The research followed a descriptive, analytical, and sometimes deductive approach. From what was concluded from this study, Surat Al-Baqarah includes many preaching suggestions and educational messages that can be derived, and it is a rich provision for preachers, reformers and educators, and a rich source of knowledge and wisdom. It is also concluded that a good and accurate knowledge of reality is one of the most important foundations for success and one of the most prominent steps in sound planning. It is also concluded that the narrative style is one of the most influential and persuasive styles of speech. It is also concluded that reminding people of the virtues and blessings of Allah is one of the most beneficial ways to soften hard hearts, motivate lazy minds and push them towards acknowledgment and submission. It is also concluded that the Qur’anic approach to preaching and reform is characterised by comprehensiveness, integration and balance. It is also concluded that the interpretation of “In the Shade of the Qur’an” is one of the best representations of the preaching approach to interpretation and is a unique model for deducing preaching meanings and ideas that many interpreters have not paid attention to.
The main axis in combating financial corruption: the pure Prophetic Sunnah
This study aims to address the problem of corruption in finance and administration that has permeated societies, especially in recent years. It also aims to apply the principles and teachings of Islam in combating corruption, clarify the place of money in Islam, and correct the perception in societies, especially among officials, that public money and administration are not spoils and quotas, but rather a trust and a duty.
Towards a New Theory of Civil Liability in the Context of Artificial Intelligence Systems and the Challenges of Reforming the Traditional Theory
Contemporary legal reality is facing increasing challenges due to the rapid development of artificial intelligence technologies. It has become difficult for traditional civil liability theories to respond to developments in this field. Liability based on fault or mere damage faces fundamental shortcomings when attempting to determine who bears the responsibility for damages resulting from autonomous intelligent systems capable of making decisions without direct human intervention. This study seeks to explore the dimensions of this shortcoming and highlight the need to develop a new theory of civil liability that is more suited to technological development. It focuses on a comprehensive approach that balances protecting the injured party, on the one hand, and encouraging innovation and ensuring continued investment in artificial intelligence technologies, on the other. Among the proposed solutions are: adopting mandatory insurance, establishing special compensation funds, and developing a legal framework that grants certain intelligent systems limited legal personality within a narrow scope. The study concludes that reforming traditional theory is no longer an option, but rather an urgent legal and legislative necessity, while calling for international cooperation to establish unified rules governing civil liability in the age of artificial intelligence.
The objectives and provisions of mortgage: a jurisprudential study
The mortgage contract in Islamic law aims to achieve noble objectives, most notably preserving rights and ensuring the immediate repayment of debts when the debtor is unable to pay. This enhances confidence in financial transactions and protects creditors' funds from loss. One of its most important objectives is to facilitate financing for those in need by providing a guarantee to the creditor, thus supporting the public interest in market stability. Regarding its jurisprudential provisions, its validity requires that the mortgager own the mortgaged item and be authorized to dispose of it. The mortgaged item must be a known, legally valued, and salable property. The contract results in the transfer of possession of the mortgaged item to the creditor (the mortgagee) or his representative as a trust, without the mortgagee having the right to benefit from it except with permission. When the due date comes and payment is not made, the creditor has the right to sell the mortgaged item and recover his debt from it, and the remaining proceeds are returned to the mortgager. Thus, rights are preserved and interests are protected.
The Role of the Administrative Judge in Enforcing Binding Rulings A Comparative Study
The implementation of judicial rulings in general, and administrative judicial rulings in particular, is of paramount importance. Respect for judicial rulings by all, both the state and individuals, establishes a state of law in which the values ​​of justice, equality, and the rule of law prevail. The law is worthless if it cannot be implemented, and judicial rulings are worthless unless they are implemented. A ruling is the embodiment of truth, and intransigence in its implementation undermines the principles and requirements upon which the state of law is based. If a judicial ruling is issued in favor of the administration, this does not pose a problem, as it is the public authority capable of direct implementation without resorting to the judiciary. However, the problem arises when a judicial ruling is issued against the administration. Experience has often shown that the administration refuses to implement such rulings or attempts to obstruct their implementation through illegal means. Therefore, there is a need to explore the means available to administrative judges to encourage the administration to implement their rulings.
Controls of uncertainty in absentee sales
This research examines the controls of gharar (uncertainty) in selling absentee items. It reviews a set of basic concepts related to selling and gharar, in addition to the legal rulings in the Quran and Sunnah. It also sheds light on the texts that prohibit dealing with gharar, its types and forms, and details its categories and the differences among jurists regarding the prohibition of some of them. It also explains the concept of selling absentee items, its types and applications, and how gharar can be avoided. We conclude with some recommendations and findings from the research.
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.
Political Features in the Story of Dhul-Qarnayn "An Analytical Study in Light of Ibn Ashur's Tafsir al-Tahrir wa al-Tanwir"
This research focuses on the features of Islamic politics in the story of Dhul-Qarnayn, as presented by Ibn Ashur in At-Tahrir wa'l-Tanwir. This narrative highlights the features of good governance based on empowerment through means, a commitment to justice and mercy, and consideration of diverse environments and public interests. Ibn Ashur concludes that the Quranic lesson in the story is to control authority through cosmic laws and Islamic legal controls, making it a tool for protecting society and achieving the higher objectives of Islamic law.
interpretation of liberation and enlightenment
The Phenomenon of Cyber Violence Against Women "The Crime of Defamation as an Example"
The digital space, with all its vast horizons, has become a new and dark arena for a sophisticated crime no less dangerous than its traditional counterparts (cyber defamation). This phenomenon, which now targets the assassination of women's privacy in particular, is not merely a passing behavior; rather, it is an extension of social violence, employing modern technology to violate privacy and destroy reputations, posing a significant challenge to our legal system. The crime of cyber defamation constitutes an advanced stage of blackmail, where the perpetrator's motives, whether vengeful or extortionist, transform into a shameful act that is made public. Although the Libyan legislature has taken an important step by issuing Cybercrime Law No. 5 of 2022, there is an urgent need for more explicit and clear legal texts that criminalize this act and enhance legal protection for women. Accommodating this technological transformation is a safety valve to ensure the achievement of justice. Ensuring the protection of women in the digital space is not an option; rather, it is a legal and moral duty. It requires us to overcome legislative shortcomings, provide effective mechanisms for control and proof, and launch awareness campaigns that build A safe digital culture. Digital justice remains a last resort that must be strong and decisive in the face of online violence against women.
Transnational organized crime and the role of the police in combating it
Transnational organized crime is one of the most dangerous crimes of the modern era, threatening the entire international community. The most significant forms of organized crime include human trafficking, drug trafficking, and money laundering. International conventions have established mechanisms to combat crime, the most important of which is the United Nations Convention against Transnational Organized Crime and its three supplementary protocols, which Libya ratified on November 13, 2001. The International Police Organization (Interpol) has distinguished technical means that contribute significantly to reducing crime, and the ongoing security presence of the police force plays an effective role in preventing crime in general and organized crime in particular.
The impact of international recognition on the entity and existence of the state
Recognition has received attention by jurists due to its important role in the lives of states, to the extent that some jurists consider it a pillar of the state and a cornerstone of its existence. However, the prevailing opinion among jurists, supported internationally, holds that recognition of a state merely acknowledges the existence of the state, i.e., its role is demonstrative and serves as an international license of the state. This study addresses the value of recognition and its timing, such that it should occur after the completion of the three pillars of the state. It should not be hasty or provocative. The study finds that recognition is important for any state, and some existing states that have not yet achieved recognition should seek it through solid and reliable guarantees. Therefore, Furthermore, recognition of a state demonstrates the status of the recognizing state, its exercise of the right of sovereignty.
Genocide before the International Court "South Africa's Case Against Israel as a Model"
This research addresses the crime of genocide through an analytical study of South Africa's lawsuit against Israel before the International Court of Justice, focusing on the Palestinian context following the October 2023 events in Gaza. Genocide stands out as one of the most serious international crimes that affects the very existence of the human group and aims to destroy it, in whole or in part, whether on a national, religious, or ethnic basis. The study demonstrates that criminal intent is the distinguishing principle of this crime, distinguishing it from other international crimes such as crimes against humanity and war crimes. The research reviewed the legal framework governing this crime through the 1948 Genocide Convention, which established binding international obligations to protect humanity. It also highlighted the role of international courts, particularly the International Criminal Court and the International Court of Justice, in assigning responsibility to individuals in their personal capacity, rejecting the claim of official immunity. The study concluded that what happened in Gaza clearly constitutes the elements of the crime of genocide, according to international reports and evidence, which South Africa relied on in its lawsuit. She recommended the need to activate the role of international courts, enhance international cooperation to combat genocide anywhere and anytime, and the need for the United Nations to assume its responsibilities to ensure justice and protect victims.
Artificial intelligence and diplomacy: A radical transformation in international relations
This research paper aims to analyze the profound impact of artificial intelligence (AI) on traditional diplomacy and international relations. It posits that integrating AI into diplomatic practices will enhance the efficiency and effectiveness of negotiation, decision-making, and crisis management mechanisms. However, it will also raise new challenges related to accountability and transparency. Furthermore, current international legal frameworks are ill-equipped to keep pace with these rapid developments, creating legal gaps and posing security and ethical risks. The increasing proliferation of AI is expected to reshape the global balance of power, necessitating new strategies for international cooperation and adaptation. The methodology employed in this research is analytical, examining the impact of AI on various aspects of diplomacy and international relations, complemented by case studies. A comparative approach will also be used to analyze ethical and legal challenges, while exploring future scenarios. The expected outcomes aim to provide a comprehensive perspective that integrates strategic foresight and legal analysis, along with practical recommendations for states and international organizations.
Pluralism in the interpretation of the Holy Quran and its aesthetic manifestations
The science of Quranic exegesis is one of the main approaches to understanding the Holy Book. It is a respected branch of Islamic jurisprudence, which emerged to elucidate the meanings of the Quran, clarifying its teachings, laws, and rulings. This field also focuses on explaining the reasons for the revelation of specific verses, distinguishing between Meccan and Medinan verses, identifying unambiguous and ambiguous verses, and explaining what is permissible and forbidden. Therefore, exegesis constitutes the fundamental basis for understanding the Quranic text and is considered one of the most noble sciences attained by humankind. This research aims to demonstrate the impact of diversity in Quranic interpretation on highlighting its beauty, through a case study examining the varied interpretations of verses 179 of Surah Al-Baqarah and 11 of Surah Ad-Dhuha by different scholars. The research addresses the concept of Quranic exegesis, the meaning of interpreting the Quran, and the benefits of such interpretation. It also discusses the types of Quranic interpretation, the stages of its development, and the various approaches to interpretation. Finally, it examines the sources of exegesis, books of Quranic interpretation, and the most prominent versions of Quranic commentary. The research concluded that many Islamic scholars have interpreted the Quran, each employing their unique abilities and insights to appreciate its beauty, understand its message, and grasp its profound meanings. The research also found that this diversity in interpretation had a positive impact on highlighting the beauty of the Quran. It recommends that contemporary Muslim scholars and Quranic interpreters should strive to further emphasize the aesthetic aspects of the Quran and appreciate the diverse styles of Arabic eloquence in which it was revealed by God. This is because the Holy Quran represents an immense and inexhaustible treasure of rhetoric and a boundless source of linguistic richness. By delving into its profound meanings and analyzing its text, the interpreter can utilize it as an additional tool, alongside other methods, for analysis, interpretation, and exegesis.
The exception the specificity of the duties of worship in their structures
Islamic Sharia is built upon great pillars and foundations of high standing and sublime status. The Wise Lawgiver has endowed it with unique characteristics and features not found in other chapters and acts of worship. For instance, the specific nature of the obligatory acts of Islam, such as prayer and fasting, and other obligatory acts, when performed, indicate their immense value and their elevated status with the Almighty God. Therefore, no intention of another obligatory act of the same kind can be added to them at the same time. Thus, obligatory acts are distinguished by their specificity and have preceded all other acts of worship. However, an exception may arise in some forms of legal obligations from the obligatory acts, where it is permissible to combine the intention of one obligatory act with another at the same time, under precise conditions. Adherence to these conditions is necessary for the exception to apply, and the permissibility of combining two intentions in a single act entails certain.
AL Hussein ABDURABBAH ABDULLAH ABDURABBAH
Al-Shatibi between the illiteracy of Sharia and the scientific miracle: an analytical study
This research discusses a significant issue, namely the views of Imam Abu Ishaq al-Shatibi, author of Al-Muwafaqat, regarding the illiteracy of Islamic law (Sharia) and the scientific miracles of the Quran. Scholars agree that al-Shatibi denied the scientific miracles of the Quran due to his adoption of the concept of the illiteracy of Islamic law (Sharia). This study attempts to prove that al-Shatibi did not deny the scientific miracles of the Quran, but rather had a unique conception of this type of miracle, which he established based on his precise and unique understanding of the illiteracy of Islamic law (Sharia). From the perspective of this research, al-Shatibi's description of Islamic law as illiteracy is not a reason for denying the scientific miracles of the Quran. Rather, it was a solid and firm foundation upon which he relied to construct a unique conception of the scientific miracles of the Holy Quran.
The Impact of the Impossibility of Objects on Sharia Rulings – A Comparative Jurisprudential Study
The divine ruling in Islamic law is either based on a cause, dependent on its existence or nonexistence, or purely ritual, without a known cause to follow it, according to the classification of scholars. Since the ruling is related to the cause in reasoned rulings, evidence from the Qur’an, Sunnah, consensus, and reason indicates that the transformation of the impure substance from its true nature and description to another nature with a different description is considered, and the effect of its transformation is taken into account on the legal ruling, based on the fact that the change and transformation of the substance has an effect on the legal ruling. This is what most Malikis consider in a rule they call “transformation,” or other established names for it. Jurists have based many examples on this rule that address the daily life of Muslims, such as the transformation of sewage water, the transformation of cheese formed by the rennet of an animal whose meat is permissible to eat, and other applications that are of great importance. However, the difference in the meaning of this rule and the consideration of its effect was a matter of consideration in the school, and this is what led them to formulate some of its names in the form of a question.
Administrative judiciary oversight of the work of the judiciary
Based on the importance of the principle of separation of legislative, judicial and executive powers within the modern state, the judiciary in Libya has gone through several stages. The prevailing rule in each stage had a direct impact on the issuance and amendment of successive judicial laws, starting from 1953 to the present day. A large group of laws related to the judicial system and amendments to these laws were issued. The judiciary, as a safety valve for the state and the citizen, tried to distance itself from the political division that has occurred in the country since 2014, when the legislative and executive authorities were divided, while the judiciary remained cohesive and unified throughout the country.
The Legal Concept of International Public Order in the Context of International Commercial Arbitration An Analytical Study
The idea of studying public order in general, and international public policy in particular, holds great significance due to its profound impact on actions for the annulment or non-recognition of foreign arbitral awards. Such actions are often based on the claim that the arbitral award conflicts with the framework of public policy, a concept that serves as a safeguard and faithful protector of the fundamental interests of any human society. Therefore, the researcher was highly keen to thoroughly explore this legal concept in depth and detail through this study, in which we clearly define the meaning of international public policy in the context of recognizing or annulling foreign arbitral awards on the grounds of violating public policy. Given the practical and legal complexities this concept raises, the study adopted a rigorous and scientific approach that enabled us to provide sufficient and comprehensive answers to the questions and ambiguities surrounding this legal concept, and to examine the position of national and international legislations regarding the intended meaning of public policy. The Libyan legislator, through the new Arbitration Law, recognized the idea of international public policy, in alignment with the New York Convention and the Arab Conventions of Riyadh and Amman, unlike the Washington Convention which does not clearly or explicitly mention the notion of public policy. This study was supported by our modest academic efforts, based on the legal provisions and judicial rulings within the studied legislations. We drew upon a significant number of judicial decisions, both theoretical and practical, to capture the legal concept of international public policy, despite the difficulty of the task due to the vague and flexible nature of the concept. We found no precise legal definition that explains the essence of public policy in the laws and legislations under study, all of which left the task of defining its nature and scope to legal jurisprudence and national and international courts. Despite this challenge, the study provides a comprehensive overview of all legal and judicial dimensions governing the legal concept of international public policy, as explained through three main sections. The first section explores the essence, purpose, and philosophy of international public policy, in comparison to the traditional or domestic public order. The second section is dedicated to the positions of national and international legislations under study regarding the concept of international public policy. The third section examines a collection of judicial rulings as practical applications of the concept, with commentary whenever appropriate.
"A Commentary on Article (39) of the Libyan Marriage and Divorce Law No. (10) of 1984, as Amended by Law No. 22 of 1991, Regarding the Forfeiture of the Mother's Right to Custody in Cases of Divorce Due to Harm and Marital Discord."
Given the significance and role of custody in safeguarding the child, religious laws and legal systems have devoted considerable attention and established specific provisions to ensure the child's right to proper care. This includes Law No. (10) of 1984 concerning the provisions of marriage and divorce in Libya, which regulates custody in Chapter Six, Articles (62 to 70). The Libyan legislator aligned with the consensus of Islamic jurists that custody rulings should primarily serve the best interests of the child. However, amendments introduced by Law No. (22) of 1991 deviated from this principle by stipulating the forfeiture of the mother's custody as a consequence of divorce due to harm or misconduct without considering the potential harm to the child This study examines the provisions of custody in Islamic law, compares them with these amendments, and analyses the relevant texts to develop a framework that ensures the child's custody rights. The research is divided into two parts: Introduction: Discusses the right of custody. Analysis: Examines the forfeiture of the mother’s custody in cases of divorce due to harm, as stipulated by Article (39) of Law No. (22) of 1991 amending Law No. (10) of 1984.The research reached several conclusions, most notably: Custody is a shared right involving the child, the custodian, the father or guardian, and society. When these rights can be reconciled, they should be upheld; however, if they conflict, the child’s right should take precedence. The law lacks clarity in determining the rightful custodian and was unsuccessful in including custody as one of the rights lost by the wife in cases of divorce due to harm. The study recommends that the Libyan legislator adopt a clear provision that prioritizes the child's best interest over any other considerations and abolishes conflicting provisions, particularly paragraph (A) of Article (39) as amended by Law No. (22) of 1991, which stipulates the forfeiture of custody if the divorce is due to harm caused by the wife to the husband, whether financial or moral.
The legal status of artificial intelligence in international and regional legislation
The world is witnessing rapid progress in the field of artificial intelligence, posing legal challenges related to liability, data protection, privacy, and intellectual property rights. This study aims to critically analyze relevant international and regional legislation and initiatives, comparing the European experience, which adopts a comprehensive, risk-based approach, and the more flexible, innovation-focused American experience, versus the Arab situation, which is still in the process of formulating strategies without binding legislation. The study relied on a descriptive, analytical, and comparative methodology, examining legal texts, reports from international organizations, and academic literature. The results revealed significant disparities in regulatory approaches, highlighting the need for balanced legal solutions that address common challenges.
The judge's discretion in determining the discretionary punishment (a comparative study between Islamic law and Libyan law)
This study explores the discretionary power of judges in determining ta‘zīr punishments, through a comparative analysis between Islamic Sharia and Libyan law. The topic holds particular significance as it lies at the core of judicial practice in cases that do not involve fixed penalties (ḥudūd) or retribution (qiṣāṣ). The research aims to clarify the jurisprudential foundation and legal constraints governing this authority in Islamic thought, analyze its codification under Libyan legislation, and highlight points of convergence and divergence between the two systems. The findings reveal that Islamic jurisprudence grants judges broad discretionary authority, bounded by the overarching objectives of Sharia, while Libyan law acknowledges this power but confines it within precise legal provisions. Notably, Sharia stands out for its flexibility and diversity of punishments, whereas statutory law tends to be more restrictive and codified. Both frameworks, however, emphasize the importance of considering the offender’s personality, the severity of the act, and the principle of proportionality. The study recommends holding specialized training sessions for judges on ta‘zīr sentencing, incorporating Sharia-based policy principles into law curricula, and encouraging further comparative research in this field
The linguistic significance of the hadith and its impact on the interpretation of Surat Al-Ahzab
This is a systematic study that sheds light on the linguistic significance of the hadith and its impact on the interpretation of Surat al-Ahzab. The nature of the study required an introduction to the noble surah that is the subject of the study. It addressed the linguistic vocabulary in the hadith and its impact on the interpretation of Surat al-Ahzab, as well as the linguistic vocabulary found in the Holy Qur'an and the hadith with a single meaning. It also addressed rhetorical issues in the hadith and their impact on the interpretation of Surat al-Ahzab. The study employed an inductive and analytical approach, given its relevance to the nature of the subject. The study reached a number of conclusions, including: The winds are mentioned in Surat al-Ahzab in a general manner without specifying their type. The hadith identifies their type, stating that they are the "saba" winds, meaning "easterly winds." This explains the type of wind by which God aided His Prophet on the Day of the Confederates. There are also types of winds mentioned in the Holy Qur'an other than the "saba." They are mentioned by various names in various places, such as "adh-Dhariyat" (the winds that blow), "al-'Aseefat" (the storms that blow), and others. This is one of the scientific miracles of the Holy Qur'an. There are some difficult-to-understand terms in the verse, and the linguistic significance of the hadiths has the final say in unraveling this ambiguity and determining the verse's intended meaning. The word "hijab" is mentioned in the surah, and the verse appears to refer to a woman's veil. However, upon examining the semantic context of the word "hijab" mentioned in the hadith, we discover that it refers to the curtain placed over the door of a house. The linguistic significance of the hadiths has played a role in deriving some of the rulings related to the verses, whether these rulings are doctrinal or jurisprudential.
The concept of medical objects and their protection under the rules of international humanitarian law
International humanitarian law has established a set of legal rules to ensure the greatest degree of protection for medical facilities , given the role they play in treating and caring for the wounded and sick and providing the appropriate environment and conditions for the performance of their humanitarian duties during armed conflicts , even if they are affiliated with the armed forces and urging the warring parties to respect and observe the provisions and rules of this law , and to hold accountable the perpetrators of crimes resulting from repeated violations of the established rules for the protection of medical facilities .
The legal regulation of public employee loan: a comparative study
The relationship between a public employee and the administration is an organizational and regulatory relationship, governed by laws and regulations. Furthermore, the position of a public employee is an organizational and regulatory position, not a contractual one. It may be changed at any time, and the administrative body has the authority to modify it as long as it is consistent with permanent laws. This means that employees are the legal authority to modify and change them based on the requirements of the public interest, to ensure the smooth running of these facilities. Appointment is at the discretion of the administration, which identifies vacant positions and chooses the method of filling them, without restriction or condition that falls on the administration, as long as its actions aim to achieve the public interest. Since the employment rights of public utility workers, and as such their system must be subject to the employee, are linked to a specific job, this relationship does not mean perpetuity or immunity from change.
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