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.
The concept of resurrection and the Day of Judgment in Judaism and Islam (A comparative study)
The research addresses the issue of belief in the afterlife among Jews; Because this issue revolves around differing viewpoints among the various sects of Judaism, and the belief in it among Muslims of different schools of thought, which is considered a fundamental tenet of faith, without which one's Islam is not valid unless one believes in the Day of Resurrection and affirms it. This is the view of all Islamic schools of thought, in contrast to the fragmented nature of Judaism. The ancient sects that lived during the Old Testament era believed in the existence of the Day of Resurrection, while other sects believe in resurrection in this world and deny the existence of another life. Later sects followed this latter view, while many contemporary groups, such as the Reform movement, deny the resurrection altogether. The issue of resurrection is particularly complex among Jews after the corruption of the Torah. In this research, I have adopted a comparative analytical approach, analyzing some Quranic verses and Prophetic hadiths and comparing them with some texts found in the Torah. I have divided this research into two sections. The first section is entitled: Belief in the Hereafter among the Jews (the Corrupted Torah), and it includes two subsections: the first subsection: The Concept of the Hereafter in the Corrupted Torah, and the second subsection The first section is titled: Belief in the Last Day as brought by Moses - peace be upon him - while the second section is titled: Belief in the Last Day in Islam, and its comparison with Judaism. It includes two requirements: The first requirement: Belief in the Last Day in the religion of Islam, and the second requirement: The comparison between Islam and Judaism on the issue of (the Last Day). I concluded the research with a conclusion in which I explained the results that the research reached regarding the comparison between Jews and Muslims.
Faith, the Day of Judgment, Jews, Muslims
Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
The legal liability of the maritime carrier for the transport of live animals in Libyan maritime law (a comparative study)
This study examines the legal liability of maritime carriers for the transport of live animals under Libyan maritime law, employing a comparative approach. This is due to the unique legal and technical challenges inherent in this type of transport, which differ from those of ordinary goods. Live animals are considered to have a special nature, as they are affected during sea voyages by numerous factors, including ventilation, nutrition, temperature, crowding, loading and unloading methods, and veterinary care. Therefore, applying the general rules of maritime transport contracts is insufficient without considering the specific practical and technical characteristics of this type of transport. The study aims to clarify the nature and legal character of maritime transport contracts for live animals, analyze the maritime carrier's obligations in this area, particularly the obligation to prepare a vessel suitable for transporting animals, provide necessary care during the voyage, and deliver them in suitable condition at the port of destination. Furthermore, the study seeks to establish the basis of the maritime carrier's liability for damages that may befall live animals, whether in the form of death, injury, depreciation, or delays in delivery, while also outlining the limits of this liability and the means of redressing it under Libyan maritime law and comparative legal principles.
Legal liability, maritime carrier, live animals
Libyan maritime law, maritime transport contract.
The sequence of pauses in the Holy Quran: A grammatical and semantic study
This study examines a type of pause in the Holy Quran that, to the researcher's knowledge, has not been the subject of independent study in books on pauses and continuations. This type of pause, termed "concomitant pause," refers to a series of pauses where stopping at one necessitates stopping at the next, thus ensuring the integrity of the meaning and the coherence of the discourse. The study aims to establish the origins of this term, clarify its concept, and reveal its relationship to the grammatical and semantic structure of the Quranic text. It also compares it with similar pause terms, such as the pause of observation, embrace, and attraction. The study employs a descriptive-analytical approach, tracing examples of concomitant pauses in the Holy Quran and analyzing them grammatically and semantically. It draws upon books on pauses and continuations, exegesis, and works on Quranic grammar and recitation. The study concluded that this type of pause exists in several Quranic verses and is closely linked to the grammatical and semantic relationships between phrases. It also demonstrated that observing the connection between pauses contributes to clarifying the meaning, preserving the semantic integrity, and highlighting the rhetorical harmony within the Quranic context. Furthermore, it was found that the ruling on this type of pause varies between obligatory and permissible depending on the grammatical and semantic indicators. The proposed guidelines for pausing in conjunction with this connection would help avoid separating related elements and ensure the clarity of meaning during recitation. The study recommended paying attention to this type of pause, including it in contemporary studies of pause and resumption, and employing it in teaching Tajweed and Quranic readings, given its impact on the accuracy of recitation and the clarity of meaning.
Pausing and resuming. Pausing in conjunction. Pausing for observation
Grammatical guidance. Quranic significance.
Al-Mu'tasem Bellah Hassan Mohammed Bousqima
Sampling and its contemporary applications (An applied study on Malaysian Islamic banks)
This research addressed the topic of the "sample" formula and its contemporary financial applications, through an applied analytical study on the experience of Malaysian Islamic banks. The research aimed to trace the jurisprudential and practical development of this product, especially since Malaysia is considered the most expansive school in permitting it historically as a tool to provide liquidity. The study reviewed the financing structures used in the Malaysian market, highlighting the modern regulatory transformations and the alternatives proposed to reduce reliance on it in line with international standards. The results concluded that Malaysian banks have begun to move towards alternative formulas such as tawarruq and hedging that are compatible with Islamic Sharia to avoid the jurisprudential controversy surrounding the sample and to enhance their global competitive efficiency.
liquidity management, Sharia-compliant alternatives
Sharia Standards for the Halal Industry and Their Applications in Libyan Institutions
This research addresses the Sharia standards for the halal industry and their applications in Libyan institutions. The researcher adopted an inductive, analytical, and comparative approach. The study examined the Sharia regulations governing the halal industry and the most important international standards for the halal industry. It also addressed the key steps Libya has taken in the halal industry. Among the most important findings are: The process of granting a halal certification in Libya involves evaluation, monitoring, sample collection, and verification that the products are free of prohibited substances. Halal certificates are also reviewed to ensure they are issued by a reliable authority. Several companies in Libya have been granted halal certification, including Al-Jaid and Al-Safi
The purpose of facilitation and its manifestations through the ten canonical readings
This research examines the principle of facilitation as one of the major objectives of Islamic law. It aims to highlight its manifestations in the ten canonical readings of the Quran and demonstrate their impact on easing the burden on those obligated to follow them, facilitating the understanding, recitation, and derivation of rulings from the Holy Quran. It also seeks to clarify the relationship between the diversity of Quranic readings and the resulting diversity of legal interpretations, explaining the wisdom behind the multiplicity of readings and their effect on preserving the Holy Quran and serving the objectives of Islamic law. The research employs an inductive approach to trace the Quranic readings under study and an analytical-deductive approach to extract the linguistic and jurisprudential manifestations of facilitation associated with them. The research is organized into two main sections: the first addresses the concept of facilitation, its evidence, and the concept of the ten readings, while the second is dedicated to explaining the manifestations of facilitation in the readings from both linguistic and jurisprudential perspectives. The research demonstrates that facilitation in the Holy Quran is not limited to ease of memorization and recitation, but also encompasses understanding, contemplation, and the derivation of legal rulings. He also explained that the multiplicity of readings is a manifestation of God's mercy towards His servants, as He took into account the differences in the dialects and tongues of the Arabs, and facilitated their reception and recitation of the Quran without hardship or difficulty. The researcher discussed some phonetic and performance features indicative of this facilitation, such as the large assimilation and the vowel shift, demonstrating how they achieve ease of pronunciation, fluency of speech, and consideration of the linguistic characteristics of the various Arab tribes.
the ten readings, the continuous readings
Libyan judicial declaration: between tradition and modernity
Judicial organization in modern legal states relies on a set of fundamental constitutional and procedural principles, foremost of which is the principle of confrontation (adversarial principle) and the right to defense. This principle imposes a legal obligation on the judge to enable the parties to the litigation to be aware of each other's claims and defenses. The objective of this is to ensure and achieve certain knowledge of the lawsuit through standard procedures, specifically the "notification of the statement of claim" (service of process), as it is the primary guarantee for the proper initiation of the litigation. Despite the historical importance of traditional notification methods, the current practical reality—coinciding with the technological revolution—has proven the inadequacy of these means alone to achieve their intended purposes, due to the delays or procedural difficulties that hinder the course of justice.
electronic notification methods, right to defense
Civil liability for damages caused by artificial intelligence
Due to scientific and technological advancements, artificial intelligence systems have reached their current state, becoming essential tools that humans cannot do without in all aspects of life. This necessitates the need to clarify the nature of artificial intelligence and its legal adaptation in order to determine who is responsible for the damages it causes, paving the way for the affected parties to receive compensation.
Returning seized items in accordance with the provisions of Libyan law: A comparative study
The study addresses the legal regulation by both the Libyan and Egyptian legislators of the provisions for returning seized items obtained from a criminal offense, and what results from return orders in terms of dispute or doubt regarding ownership or possession of the seized items. The legal regulation includes the jurisdiction to consider the return order, as well as the possibility of compensation in cases of damage or loss, the non-claim of the passage of time, the procedures for considering the return order and what the decision of the competent authority to consider it leads to, as well as the possibility of appealing these decisions and the extent of their binding force on everyone.
Constitutional and legal protection of personal data: A comparative study between the European General Data Protection Regulation (GDPR) and some comparative legislation
The research examined the constitutional and legal frameworks that guarantee the protection of digital privacy, focusing on balancing the right to privacy with the free flow of information. The study reviewed the legislative philosophy of the European Union's General Data Protection Regulation (GDPR) as the supreme global standard, and compared it with selected Arab and foreign legislation to demonstrate its compatibility with rapid technological advancements. The analysis focused on oversight mechanisms, individual rights such as the right to be forgotten and the right of access, and the obligations of data processors. The study concluded that constitutional protection remains the primary guarantee, but it requires strict procedural legal texts to deter cyber violations. The research also emphasized the need to unify legislative standards to address the transnational nature of personal data in the digital age.
Constitutional protection, personal data
The contribution of Uniting for Peace Resolution No. 377 of 1950 to the resolution of contemporary international conflicts: the Palestinian-Israeli conflict as a model
Under the UN Charter, the Security Council possesses broad powers in maintaining international peace and security. This is achieved either by calling upon parties to a conflict to resolve it through diplomatic means, or by employing preventive and enforcement measures under Chapter VII of the Charter. However, the problem lies in the fact that many Security Council resolutions are not adopted due to the use of the veto by the major powers. Consequently, an alternative system was sought, culminating in the UN General Assembly's 1950 "Uniting for Peace" resolution. This resolution effectively replaced the Security Council in carrying out its responsibilities related to maintaining international peace and security, given the Council's inability to fulfill these duties. Our study, employing a historical and analytical approach, examines all aspects related to this resolution as a legal framework for resolving the Palestinian issue, provided certain conditions are met, most importantly, sincerity of intentions, concerted efforts, and strong international support.
Palestinian question, international peace and security
The Interpretation of Qur’anic Recitations and its Impact on Hadith Commentary by Sheikh Musa Shahin Lashin: A Study of the Book Fath al-Mun’im
This research examines the methodology of the eminent scholar and exegete Dr. Musa Shahin Lashin (d. 1430 AH) in the science of Qira’at (Quranic recitations) through his renowned work, "Fath al-Mun’im bi Sharh Sahih Muslim." The study highlights the integrated scholarly personality of Sheikh Lashin, who combined expertise in Tafsir and Hadith. It reveals how he utilized Quranic recitations as a linguistic and rhetorical tool to interpret Prophetic texts, clarify obscure vocabulary, and direct jurisprudential meanings. Using inductive and descriptive-analytical methods, the research tracks recitation instances within the commentary and analyzes the Sheikh's scholarly views and preferences. The study concludes that Sheikh Lashin’s methodology favored clarity and simplicity alongside precise citation, leveraging his proficiency in linguistics and Tafsir to link Quranic recitations with the objectives of the Prophetic Sunnah.
The Commencement of Proof in Writing as a Mechanism for Achieving Flexibility in Evidence
This research examines the principle of “commencement of proof in writing” as one of the incomplete means of evidence recognized by the Libyan Civil Law, and its role in achieving flexibility in the system of proof. It aims to clarify the concept and legal nature of this principle, and whether it constitutes an independent form of evidence or merely a preliminary means to support other evidence. It also identifies the legal conditions governing its application. The study further analyzes how this principle mitigates the rigidity of formal proof requirements by allowing the use of additional means of evidence, such as witness testimony and presumptions, in cases where written evidence is originally required. The research adopts a descriptive and analytical methodology in examining legal texts and jurisprudential opinions. The study concludes that the commencement of proof in writing does not constitute full evidence on its own, but rather serves as a preliminary indication that allows the completion of proof through other means, within specific legal constraints, thereby achieving a balance between legal certainty and fairness.
Commencement of proof in writing, Law of Evidence
The Jurisprudence of Freedoms in Light of the "Hadith of the Ship A Hadith-Based Analytical and Maqasidi Study
This research examines the Prophetic tradition (Hadith) of the "Ship," narrated from the Prophet Muhammad (PBUH): "The example of the person who abides by God’s boundaries and the one who transgresses them..." under the title: (The Jurisprudence of Liberties in Light of the Hadith of the Ship: An Analytical, Juridical, and Maqasidi Study). The study employs an inductive methodology to collect the Hadith from its original sources within the Sunnah literature, clarifying its authenticity, the subtleties of its chain of narration (Isnad), and reconciling the variations in its wordings and general indications. Furthermore, the research analyzes the text from da'wah and teleological (Maqasidi) perspectives to uncover the implications of the text within the field of "Jurisprudence of Liberties" (Fiqh al-Hurriyat), exploring how these liberties are governed by Sharia regulations and deducing contemporary practical applications. The study reached several key findings, most notably: that the Hadith represents a universal principle (Asl Kulli) in both the jurisprudence of social reform and the jurisprudence of liberties. It establishes that individual freedom in Islam is a "responsible" freedom, restricted by the principle of non-maleficence toward others, and that complacency in confronting social evils leads to collective ruin. This Hadith is considered a foundational text for balancing individual rights against the public interest (Al-Maslahah al-Ammah) and reinforcing the principle of mutual responsibility. Consequently, it establishes a contemporary Islamic discourse that harmonizes the preservation of liberties with the protection of society from destruction.
Jurisprudence of freedoms, the hadith of the ship
the objectives, the jurisprudence of social reform
Algorithmic warfare and the future of international humanitarian law: "Between the rigidity of the text and the encroachment of technology"
This research examines algorithmic warfare as a modern form of armed conflict that relies on intelligent systems supported by artificial intelligence and automation in military decision-making. The study also addresses the evolving nature of warfare in light of technological advancements and their impact on managing combat operations, surveillance, target identification, and engagement. Furthermore, it explores the applicability of the principles of international humanitarian law, particularly the principles of distinction and proportionality, to these types of warfare. The study addresses the most significant legal issues and challenges related to violations of these principles and the determination of legal responsibility. The study concludes that while current rules are applicable in principle, their practical application requires further development in their interpretation. Therefore, the study recommends emphasizing the necessity of near-complete human control over these systems and establishing a clear and precise legal framework to regulate and keep pace with this technological development.
Interpretation of Surah Al-Jumu'ah by Sheikh Muhammad Salem AlShuwayrif, may God have mercy on him, d. 2012 CE / 1433 AH
Praise be to Allah, who revealed the Qur’an in a clear Arabic tongue and granted understanding of it to whom He wills among His servants, making it a clarification for all people. Among the scholars of Libya whom Allah has blessed with understanding His Book and enabled to interpret and elucidate it is the esteemed Sheikh Muhammad Salim Muhammad Al-Shuwayrif (may Allah have mercy on him). This study highlights one of Libya’s prominent scholars in the field of Islamic sciences in general, and Qur’anic exegesis in particular. It examines the Sheikh’s approach to interpretation and the extent of the Qur’an he has interpreted. The research also presents a selected portion of his commentary on Surat Al-Jumu‘ah as a model of his exegetical method. The findings of the study indicate that the Sheikh interpreted most of the Holy Qur’an. He also showed a clear interest in scientific inimitability (i‘jaz ‘ilmi). His methodology is based on interpreting the Qur’an through the Qur’an itself, the Sunnah, and the sayings of the Companions. Additionally, he addresses grammatical aspects, supports his explanations with poetic evidence, and responds to various misconceptions, among other contributions demonstrated in this study.
The legal framework for enforcing arbitration awards issued via electronic media
The recent decades have witnessed a radical transformation in the nature of commercial transactions, as the technological revolution has given rise to a new pattern of contracts and disputes conducted through cyberspace. Electronic arbitration has emerged as an effective tool for resolving these disputes. However, the greatest challenge lies in ensuring the enforcement of electronic arbitration awards in practice, which is crucial for enhancing confidence in this type of arbitration within the global e-commerce environment. This research aims to identify the legal and procedural controls necessary for enforcing electronic awards, uncover legislative gaps, propose legislative updates, and evaluate the applicability and activation of relevant international conventions, such as the 1958 New York Convention. The central problem lies in the contradiction between the rapid development of electronic arbitration mechanisms, which aim for speed and efficiency, and the slowness and challenges of the traditional legal framework applied to the enforcement phase of its awards. The research adopted an analytical approach to the texts of the Libyan International Commercial Arbitration Law of 2023, and a comparative approach with the New York Convention and model laws on international commercial arbitration. The research covered the legal framework for enforcing electronic arbitration awards in terms of their nature and conditions for enforcement, as well as their legal scope and authority. It clarified that the award must be enforceable, exhaust available avenues of appeal, be written (electronically acceptable), signed by the arbitrators (electronically acceptable), and capable of being extracted in traditional paper form. It also affirmed that electronic arbitration awards generally possess legal authority in most legislations and international conventions, with the exception of certain cases that may impose specific conditions for their enforcement.
Artificial Intelligence Crimes the Crime of Deep fake a model
In light of rapid technological advancements and the increasing use of intelligent systems in various aspects of life, this research aims to clarify the concept of artificial intelligence (AI) and its characteristics, and to address the legal issues it raises, particularly concerning the determination of liability for damages that may result from these systems. It also examines the extent to which general rules of civil liability can accommodate these damages through liability for personal acts, liability for things, or contractual liability. Furthermore, it explores some possible legal solutions, such as analogy to liability for animal actions or utilizing principles of Islamic law to mitigate harm. The research concludes that while traditional rules of liability can provide partial solutions, they may not be sufficient to address the complexities of advanced AI. Therefore, the need arises for developing specific legislation to regulate legal liability for damages resulting from the use of AI technologies.
The effectiveness of the judiciary in imposing penalties and the repercussions of the lapse of a right due to its forfeiture
This study addresses the limits of judicial authority in balancing the imposition of legal penalties with the idea of ​​the stability of legal positions resulting from the lapse of a right. It highlights the effectiveness of the judicial authority through the judge's ability to adapt the penalty or civil sanction to the severity of the violation, taking into account the legislative controls that prevent excess. The problem lies in reconciling the right of the state or individuals to impose the penalty with the inevitable legal effect of the lapse of a right as a result of prescription or procedural negligence. The research concludes that the lapse of a right is an essential constraint that prevents the judiciary from exercising its punitive authority, which necessitates precision in determining the dates of lapse. This approach aims to define the dividing line between activating effective justice and respecting the consequences of the lapse of legal deadlines.
Copyright (c) 2023 https://creativecommons.org/licenses/by-nc/4.0
Artificial Intelligence Crimes the Crime of Deep fake a model.
This study is conducted in light of the rapid advancement of artificial intelligence technologies and their extensive adoption across various segments of society. It aims to examine a category of crimes associated with artificial intelligence, specifically deepfake crimes, which are considered among the emerging forms of criminality within the field of criminal sciences. The research problem centers on defining the concept of deepfakes and identifying the risks arising from their use, in addition to assessing the adequacy of existing criminal legal frameworks in addressing this type of offense. To this end, the study adopts analytical, inductive, and descriptive methodologies. The findings of the study indicate that deepfake technology is fundamentally dependent on artificial intelligence, which constitutes the primary factor contributing to its severity and potential harm. Furthermore, the study reveals that current cybercrime legislation remains inadequate to comprehensively address deepfake related offenses. It also highlights that what distinguishes deepfake crimes from traditional forms of forgery is their reliance on relatively simple digital editing tools. Accordingly, the study recommends the enactment of a dedicated legal framework to regulate artificial intelligence related crimes, given the pressing need for such legislation in light of ongoing technological developments.
Deepfake Technology; Artificial Intelligence
Financial resources of the social security system in light of Law No 13 of 1980
This research examines the legal framework for social security financing in Libyan legislation, focusing on socialist and non-socialist funding sources and their adequacy in achieving the financial stability of the social security system. The research aims to clarify the legal nature of social security contributions as an independent legal obligation and to analyze the state's role in financing the system through financial contributions, tax exemptions, and deficit coverage. It also examines investment returns and other revenues as supporting sources of funding. The research employs an analytical approach by studying the legislative texts regulating social security, particularly Libyan Social Security Law No. (13) of 1980. It also utilizes a comparative approach by drawing on relevant Arab legislation and modern jurisprudential studies to identify legislative shortcomings and highlight ways to develop the social security financing system. The research concludes that the diversification of social security financing sources constitutes a fundamental guarantee for the system's sustainability. However, the effectiveness of this financing faces several practical challenges, most notably difficulties in collecting contributions, weak oversight of certain professional groups, and economic fluctuations that affect investment resources. The research also emphasized the importance of strengthening the state's oversight role and developing social security investment mechanisms to ensure the system's financial sustainability. The research concludes that it is necessary to adopt integrated legislative and administrative policies aimed at diversifying funding sources, enhancing the efficiency of contribution collection, and achieving a balance between the social and economic dimensions of the social security system.
Social security, social security financing
social security contributions, social security investment
Limits of the judge's authority in managing civil litigation
The study's central problem revolves around balancing the modern, proactive role of the judge in managing litigation with the principle of "freedom of will" that governs civil disputes. The judge is no longer merely a passive arbiter observing the conflict from afar, but has acquired broad discretionary power in directing procedures and expediting litigation to achieve swift justice. However, this power is not absolute; it is limited by fundamental constraints, most importantly the principle of impartiality, the right to defense, and adherence to the requests specified by the litigants. The research also highlights how the legislator has granted the judge procedural tools to regulate and guide the litigation, provided that this does not infringe upon the essence of the disputed right or violate the mandatory rules of the Code of Civil Procedure, thus ensuring a balance between judicial effectiveness and the freedoms of litigants.
Civil litigation, the authority of the judge
the principle of impartiality, case management
Guarantees of the right to defense in the investigation and trial phases
The right to defense is the cornerstone of establishing justice and ensuring the integrity of criminal proceedings. This right begins from the first moments of the preliminary investigation and ends with the issuance of a final judgment. Its most prominent guarantees are the right of the accused to seek the assistance of a competent lawyer, to review the case file, and to ensure that he is not coerced into confessing or making statements against his will. This protection is reinforced before the judiciary through the principle of confrontation, refuting evidence, and presenting defenses and evidence that serve the innocence of the accused in an environment of neutrality and independence. Ensuring these guarantees is not merely a privilege for the accused, but rather a constitutional obligation aimed at protecting individual freedoms and preventing authoritarian abuse, thus ensuring that punishment is imposed only based on sound legal procedures and a firm judicial conviction. Thus, the right to defense remains the safety valve that prevents the violation of human dignity and ensures that justice proceeds in its correct course.
The spread of the phenomenon of begging in Libya "an Applied study in light of reality and legislation"
God Almighty’s honoring of man is manifested in all aspects of life. To preserve dignity, He, the Almighty, forbade humiliating oneself through humiliation, poverty, and the invocation of weakness and helplessness, to achieve illegitimate worldly interests. God Almighty said: “And We have certainly honored the children of Adam and carried them on the land and sea and provided for them of the good things and preferred them over much of what We have created, with [definite] preference.” And in the noble hadith, “The strong believer is better and more beloved to God than the weak believer, and in each is good.” Also, “The believer should not humiliate himself.” Among the illegitimate worldly interests that have become widespread in our society is the phenomenon of begging, which requires concerted efforts by launching community awareness campaigns and taking urgent deterrent measures to curb the phenomenon of begging in Libyan society.
The Legal Future of Artificial Intelligence Technology: A Study of the Impact of AI Technology on Civil Law
The research aims to clarify the role that artificial intelligence technology allows in law. The research also aims to clarify how the established rules in civil law can be applied to artificial intelligence and what is necessarily related to the legal nature of artificial intelligence and the talk about legal personality and determining liability for damages resulting from intelligence. Artificial. The importance of the research appears to be that the law must Keeps pace with modern technology related to artificial intelligence. In the research, we followed the descriptive approach to describe and study the future of artificial intelligence in law. Through the research, we have reached the need to research and discuss how to properly use artificial intelligence technology in the law and solve problems related to it by adapting the legal rules to apply to artificial intelligence or creating new legal rules to regulate the work of this technology, as it is the most advanced technology at the present time.
The natural person in public international law: between traditional jurisprudence and contemporary developments
This research paper aims, through the analytical methodology, to examine the position of Islamic jurisprudence (fiqh) regarding the enjoyment of international legal personality by the natural person. It also explores the position of international law concerning the natural person, the obligations of the natural person under the rules of international law, the submission of the natural person to international courts, and the relationship between the legal personality of the individual and that of his or her state. It may be argued that the natural person constitutes the fundamental basis for the existence of international law; without the individual, there would be no international interactions governed by legal rules. Accordingly, the natural person should be granted the status and position he or she deserves, particularly in light of contemporary international developments.
Najib Abdullah Muhammad Al-Tawati Shamilah
The purpose of dispute resolution and its impact on legal rulings: A foundational and applied study in the Maliki school of thought
This study examines the principle of "dispute resolution" as a fundamental pillar of Maliki jurisprudence. The school of thought, through its rules, aims to resolve disputes before they arise (preventively) or to end them after they occur (remedially), thereby promoting social stability. The research begins with a theoretical foundation that links this principle to major legal maxims such as "blocking the means to evil," "custom," and "consideration of differing opinions." It demonstrates how Maliki jurists prioritized resolving disputes when evidence conflicted. On the practical side, the study explores the impact of this principle on various branches of jurisprudence, particularly in financial transactions such as deferred payment sales, family law matters such as divorce and alimony, and judicial rulings through the expansion of "reconciliation" and "circumstantial evidence." The study concludes that Maliki jurisprudence did not confine itself to specific texts but rather directed its branches toward a higher goal: preserving social bonds and preventing discord. This makes this principle a flexible tool for addressing contemporary disputes in complex investment and social environments, underscoring the school's pragmatism and its capacity to achieve social peace.
dispute resolution, blocking the means to evil
The plea of inadmissibility in a civil suit: A study in Libyan procedural law and comparative law
The plea of ​​inadmissibility is a means by which a defendant may respond to a plaintiff's claims in a civil suit. However, the Libyan legislator failed to regulate it within the Code of Civil Procedure, which constitutes a deficiency in the regulatory balance of pleas in this law. This has sometimes led to contradictions among judicial rulings concerning this plea. Hence, the importance of this research lies in its attempt to clarify the nature and provisions of this plea in Libyan law, through an examination of some comparative legal systems and the rulings of the Supreme Court, which has referred this matter back to fill this legislative gap. This was achieved through two sections: the first addresses the nature of the plea of ​​inadmissibility, while the second addresses its provisions. We arrived at several conclusions, the most important of which is the recognition of the independent nature of the plea of ​​inadmissibility, given that its subject matter is the denial of the plaintiff's authority to exercise the right in the suit. Furthermore, the grounds for this plea and its legal nature cannot be confined to a specific scope. Finally, a preliminary ruling establishing the validity of raising this plea does not exhaust the jurisdiction of the court of first instance to adjudicate the dispute if the Court of Appeal decides to overturn the ruling. The latter must return the case to the court of first instance and not address the dispute itself, in accordance with the principle of Two-tier litigation is a matter of public order.
Procedural treatment of mentally disturbed defendants in Libyan legislation (during the preliminary investigation and trial phases)
A mental disorder affecting an accused person may impair their perception and ability to distinguish right from wrong, thus impacting their capacity for criminal responsibility and their ability to defend themselves during criminal proceedings. The emergence of such a disorder necessitates a medical examination of the accused by a qualified specialist. Confirmation of the disorder may lead to the suspension of investigation or trial proceedings and the accused's placement in a specialized treatment facility under judicial supervision. Suspending proceedings in this case has significant legal implications affecting the rights of all parties involved. It may impede the victim's right to a judicial ruling, affect the accused's legal standing regarding the continuation of precautionary measures against them, and potentially delay the administration of criminal justice. Furthermore, legislative application reveals some shortcomings and ambiguities in the regulation of these procedures within Libyan legislation, necessitating clearer legislative intervention to ensure a balance between protecting society, safeguarding the rights of the accused and the victim, and achieving justice.
The lack of credibility of the justification leading to the arbitrary termination
This research presents an analytical study of the issue of arbitrary termination of employment contracts within the framework of Libyan labor law, in light of the theory of abuse of rights, considered one of the most important legal mechanisms for protecting the weaker party in the employment relationship, namely the worker. The importance of this topic stems from the increasing number of cases of termination of employment contracts without a serious and legitimate justification, and the resulting impact on job security and social stability. The research aims to clarify the concept of arbitrary termination, define its legal criteria, and distinguish it from legitimate termination. It also analyzes instances of the absence of a serious justification, whether due to the illegitimacy or triviality of the interest, or the lack of proportionality between the employer's interest and the harm inflicted on the worker. Furthermore, the research addresses the issue of the burden of proof in arbitrary dismissal cases, clarifying the roles of both the employer and the worker, as well as the pivotal role of the judge in assessing the seriousness of the justification based on their discretionary authority and the standard of legality. The research adopted a comparative analytical approach, examining Libyan legal texts, supported by Libyan and Arab jurisprudence, and national and comparative judicial precedents, particularly those of Egypt, France, and Jordan. The research concluded that arbitrary termination occurs when the dismissal decision lacks a serious and genuine reason, and that the judiciary plays a fundamental role in ensuring legal protection for workers by overseeing the legitimacy of the justifications presented by the employer.
Employment contract, arbitrary termination