عقوبة الإعدام في الشريعة الإسلامية والقانون الليبي وموقف المنظمات الدولية

Abstract

This study aims to identify the death penalty from the perspective of Libyan law and Islamic law, and the demand of international organizations to abolish the death penalty. The problem is requesting the international organization Libya to delete the death penalty and the challenges that faced the Libyan law due to continuing using death penalty and commitment in international law settled by the international organization. The problem also to attempt clearing the Libyan perspective on death penalty in the Libyan punishment system that worked related to the Islamic shariah, penal Libyan code, the law of retribution that applied in Libya and reach to understanding related to Libyan commitment towards international organization that announce prevention human rights even they did dangerous crimes. The importance of study of study is to highlight the advantages of applying death penalty in Libyan community as a corrective method. It also to ensure the right way of ligation method in Libyan courts and to identify the extent of application law arbitration and blood money. This study follows the analytical analysis to analysis the Libyan penal code regarding the application of death penalty to everyone who made dangerous crime in the society. It also follows the inductive research approach to explore in the Islamic law, Holy Quran, Sunnah of the Prophet, the opinions of shariah scholars and penal Libyan code regarding to death penalty. The study also follows the inductive the position of the international organization that refused application of death penalty in the Libyan community and Libyan rejection to achieve public restraint in the society. The results of this study is Libyan penal code and Libyan law of retribution and money blood is the most prominent laws in the Libyan penal code. Moreover, there is no contradicting on the shariah scholars to applying death penalty to whom did dangerous murder, raping crimes and other crimes in the Islamic Shariah. The study recommended the necessity negotiation with the international organization for convincing these organizations to abandon their stance towards Libya. This study also recommended to preventing the characteristics of Libyan community, adhering the Islamic identity and reject the external dictates.