الجريمة السياسية ومفهومها في الشريعة الإسلامية والقانون الوضعي الليبي Political crime and its conceptualization in the Islamic law and the Libyan positive law
The topics of political crimes, its research and implementation are important and significant topics in light of the continuation of the ruling based on the perspectives of the Islamic law (Shariah) as well as the positive law in terms of legalizations and adaptations of this important matter. Mo...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
2019
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/6554/1/FH02-FKI-19-32167.pdf http://eprints.unisza.edu.my/6554/ |
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| Institution: | Universiti Sultan Zainal Abidin |
| Language: | English |
| Summary: | The topics of political crimes, its research and implementation are important and significant topics
in light of the continuation of the ruling based on the perspectives of the Islamic law (Shariah) as
well as the positive law in terms of legalizations and adaptations of this important matter.
Moreover, there is no doubt that it would be useful to compare the various perspectives on this
matter so as to identify the similarities and the differences between the ruling of Shariah and ruling
of positive law. Here lies the research problem. This research aims to clarify the meaning of
political crime and its concept in the various views of the Islamic law and the positive Libyan law.
The researcher follows the methods of inductive, descriptive, and comparative approach, seeking
to achieve the research objectives and to answer the research questions related to the many issues
and provisions in regard to political crime from the perspectives of the Islamic law and the
provisions of the Libyan Penal Code. The research findings suggest that the concept of political
crime is defined as: the criminal act that collides with the political system of a state, from the
outside as the independence of the state and territorial sovereignty and its relationship with other
states which are classified in the Islamic law into crimes of opinion, actual crimes and those have
no penalty for the freedom of opinion and expression. The concept of internal political crimes is
those that affected the internal sovereignty of a state, including constitutional rights, other crimes
against the form of government and the organization of public authorities and constitutional
institutions. |
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