مجلة الحق للعلوم الشرعية والقانونية
type: channel
description: 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.
publisher: Bani Waleed University
language: en
publication name: مجلة الحق للعلوم الشرعية والقانونية
issn: 3005-3919
items: 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
items: The Commencement of Proof in Writing as a Mechanism for Achieving Flexibility in Evidence
items: The Jurisprudence of Freedoms in Light of the "Hadith of the Ship A Hadith-Based Analytical and Maqasidi Study
items: Algorithmic warfare and the future of international humanitarian law: "Between the rigidity of the text and the encroachment of technology"
items: Interpretation of Surah Al-Jumu'ah by Sheikh Muhammad Salem AlShuwayrif, may God have mercy on him, d. 2012 CE / 1433 AH
items: The legal framework for enforcing arbitration awards issued via electronic media
items: Artificial Intelligence Crimes the Crime of Deep fake a model
items: The effectiveness of the judiciary in imposing penalties and the repercussions of the lapse of a right due to its forfeiture
items: Artificial Intelligence Crimes the Crime of Deep fake a model.
items: Financial resources of the social security system in light of Law No 13 of 1980
items: Limits of the judge's authority in managing civil litigation
items: Guarantees of the right to defense in the investigation and trial phases
items: The spread of the phenomenon of begging in Libya "an Applied study in light of reality and legislation"
items: The Legal Future of Artificial Intelligence Technology: A Study of the Impact of AI Technology on Civil Law
items: The natural person in public international law: between traditional jurisprudence and contemporary developments
items: The purpose of dispute resolution and its impact on legal rulings: A foundational and applied study in the Maliki school of thought
items: The plea of inadmissibility in a civil suit: A study in Libyan procedural law and comparative law
items: Procedural treatment of mentally disturbed defendants in Libyan legislation (during the preliminary investigation and trial phases)
items: The lack of credibility of the justification leading to the arbitrary termination
items: Surah AlHumazah in the Quran Between Interpretation and Explanation (A Comparative Analytical Interpretive Study)
items: Investigation of the book “Advice for the Free and the Slave on Avoiding Chess and Dice” by Abd AlRahman ibn Khalil alAdhra’i Zayn alDin alQabuni (787-869 AH / 1385-1465 AD)
items: Logical application in theology: Establishing rules and protecting belief
items: Recording Conversations Between Violation of Private Life and Evidence of Proof (A Comparative Fiqh)
items: The legal regime for innocent passage in the territorial sea according to the United Nations Convention on the Law of the Sea 1982
items: The extent of the bank's responsibility for electronic payments via banking applications: A comparative study between Libyan, Egyptian, and Saudi law
items: Applying the objectives of Islamic law in weighing and prioritizing evidence
items: Constitutional framing of the principle of citizenship in Libya
items: The legal framework for the voluntary suspension of civil litigation
items: Islamic Sharia law protects consumers from commercial fraud: "The Hisbah system as a model"
items: Women's right to inheritance: A comparative study

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
type: item
description: 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.
subject: Articles
  topic: section
subject: Musa Shahin Lashin, Fath alMun’im
  topic: keywords
subject: Quranic Recitations, Tawjih alQira’at
  topic: keywords
subject: Sharh Sahih Muslim, Linguistic Study
  topic: keywords
creator: Almahdi Abd Alnabi Abd Allah Almahdi
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-25
publication date: 2026-04-25
starting page: 570
ending page: 580
doi: 10.58916/alhaq.v13i1.472

The Commencement of Proof in Writing as a Mechanism for Achieving Flexibility in Evidence
type: item
description: 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.
subject: Articles
  topic: section
subject: Commencement of proof in writing, Law of Evidence
  topic: keywords
subject: Written Evidence
  topic: keywords
subject: Flexibility in Evidence
  topic: keywords
creator: Omkulthom Mansour Abuejil
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-22
publication date: 2026-04-22
starting page: 562
ending page: 569
doi: 10.58916/alhaq.v13i1.471

The Jurisprudence of Freedoms in Light of the "Hadith of the Ship A Hadith-Based Analytical and Maqasidi Study
type: item
description: 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.
subject: Articles
  topic: section
subject: Jurisprudence of freedoms, the hadith of the ship
  topic: keywords
subject: the objectives, the jurisprudence of social reform
  topic: keywords
subject: the implications of the text
  topic: keywords
creator: Abdelmonem Bin Nasser Sawan
creator: Khalid Atiya Saad
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-20
publication date: 2026-04-20
starting page: 548
ending page: 561
doi: 10.58916/alhaq.v13i1.470

Algorithmic warfare and the future of international humanitarian law: "Between the rigidity of the text and the encroachment of technology"
type: item
description: 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.
subject: Articles
  topic: section
subject: Algorithmic warfare; Project Heaven
  topic: keywords
subject: Gospel system; international agreements
  topic: keywords
subject: international humanitarian law
  topic: keywords
creator: Salem Mohammed Alameel
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-10
publication date: 2026-04-10
starting page: 514
ending page: 532
doi: 10.58916/alhaq.v13i1.469

Interpretation of Surah Al-Jumu'ah by Sheikh Muhammad Salem AlShuwayrif, may God have mercy on him, d. 2012 CE / 1433 AH
type: item
description: 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.
subject: Articles
  topic: section
subject: Interpretation, Qur’an
  topic: keywords
subject: AlShuwayrif, Scientific Miracles
  topic: keywords
subject: Surah AlJumu’ah
  topic: keywords
creator: Luqman Emran Salih Khalid
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-17
publication date: 2026-04-17
starting page: 533
ending page: 547
doi: 10.58916/alhaq.v13i1.468

The legal framework for enforcing arbitration awards issued via electronic media
type: item
description: 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.
subject: Articles
  topic: section
subject: Agreement, electronic arbitration
  topic: keywords
subject: enforcement, judgment
  topic: keywords
subject: disputes, New York
  topic: keywords
creator: Ali Faraj Ali Jawan
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-05
publication date: 2026-04-05
starting page: 497
ending page: 513
doi: 10.58916/alhaq.v13i1.466

Artificial Intelligence Crimes the Crime of Deep fake a model
type: item
description: 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.
subject: Articles
  topic: section
subject: Civil liability, damages
  topic: keywords
subject: artificial intelligence, causation
  topic: keywords
subject: technical error
  topic: keywords
creator: Moulaye Ahmed Salem
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-30
publication date: 2026-03-30
starting page: 485
ending page: 496
doi: 10.58916/alhaq.v13i1.465

The effectiveness of the judiciary in imposing penalties and the repercussions of the lapse of a right due to its forfeiture
type: item
description: 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.
subject: Articles
  topic: section
subject: Discretionary power — legal penalty
  topic: keywords
subject: loss of right — legal stability
  topic: keywords
subject: judicial protection
  topic: keywords
creator: Afia Saleh Masoud Ali
creator: Hamza Issa AlShaibgho
creator: Musbah Omar Altaeb
creator: Azzam Souf Hassan Qazima
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc/4.0
date: 2023-06-28
publication date: 2023-06-28
starting page: 177
ending page: 191
doi: 10.58916/alhaq.v10i1.464

Artificial Intelligence Crimes the Crime of Deep fake a model.
type: item
description: 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.
subject: Articles
  topic: section
subject: Deepfake Technology; Artificial Intelligence
  topic: keywords
subject: Cybercrime Legislation; Cyber Extortion
  topic: keywords
subject: Digital Evidence
  topic: keywords
creator: Abdelnnaser Masoud Ahmed Alforti
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-28
publication date: 2026-03-28
starting page: 473
ending page: 484
doi: 10.58916/alhaq.v13i1.463

Financial resources of the social security system in light of Law No 13 of 1980
type: item
description: 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.
subject: Articles
  topic: section
subject: Social security, social security financing
  topic: keywords
subject: social security contributions, social security investment
  topic: keywords
subject: Libyan legislation
  topic: keywords
creator: Saleh AlMabrouk Laour
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-28
publication date: 2026-03-28
starting page: 458
ending page: 472
doi: 10.58916/alhaq.v13i1.462

Limits of the judge's authority in managing civil litigation
type: item
description: 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.
subject: Articles
  topic: section
subject: Civil litigation, the authority of the judge
  topic: keywords
subject: the principle of impartiality, case management
  topic: keywords
subject: judicial guarantees
  topic: keywords
creator: Omar M Abulifa
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-25
publication date: 2026-03-25
starting page: 449
ending page: 457
doi: 10.58916/alhaq.v13i1.461

Guarantees of the right to defense in the investigation and trial phases
type: item
description: 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.
subject: Articles
  topic: section
subject: Fair trial, investigation
  topic: keywords
subject: the accused, constitutional guarantees
  topic: keywords
subject: defense
  topic: keywords
creator: Musa Muftah Shoran
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-19
publication date: 2026-03-19
starting page: 437
ending page: 448
doi: 10.58916/alhaq.v13i1.460

The spread of the phenomenon of begging in Libya "an Applied study in light of reality and legislation"
type: item
description: 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.
subject: Articles
  topic: section
subject: begging phenomenon
  topic: keywords
subject: beggar
  topic: keywords
subject: needy groups
  topic: keywords
subject: الفئات المعوزة
  topic: keywords
creator: Dr. Aman Ahmed AlMutturdy
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-17
publication date: 2026-03-17
starting page: 414
ending page: 436
doi: 10.58916/alhaq.v13i1.459

The Legal Future of Artificial Intelligence Technology: A Study of the Impact of AI Technology on Civil Law
type: item
description: 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.
subject: Articles
  topic: section
subject: Artificial intelligence, civil law
  topic: keywords
subject: legal future, technology
  topic: keywords
subject: technology
  topic: keywords
creator: Abeer Mohamed Moussa
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-14
publication date: 2026-03-14
starting page: 403
ending page: 413
doi: 10.58916/alhaq.v13i1.458

The natural person in public international law: between traditional jurisprudence and contemporary developments
type: item
description: 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.
subject: Articles
  topic: section
subject: Personality, individual
  topic: keywords
subject: protection, international
  topic: keywords
subject: obligations
  topic: keywords
creator: Najib Abdullah Muhammad Al-Tawati Shamilah
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-14
publication date: 2026-03-14
starting page: 392
ending page: 402
doi: 10.58916/alhaq.v13i1.457

The purpose of dispute resolution and its impact on legal rulings: A foundational and applied study in the Maliki school of thought
type: item
description: 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.
subject: Articles
  topic: section
subject: Objectives, Maliki school of thought
  topic: keywords
subject: dispute resolution, blocking the means to evil
  topic: keywords
subject: litigation
  topic: keywords
creator: Abdullah Ali Ahmed
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-10
publication date: 2026-03-10
starting page: 374
ending page: 391
doi: 10.58916/alhaq.v13i1.456

The plea of inadmissibility in a civil suit: A study in Libyan procedural law and comparative law
type: item
description: 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.
subject: Articles
  topic: section
subject: Payment, defenses
  topic: keywords
subject: non-acceptance, Supreme Court
  topic: keywords
subject: civil suit
  topic: keywords
creator: Abdullal Ali Ahmed Dhaw
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-07
publication date: 2026-03-07
starting page: 355
ending page: 373
doi: 10.58916/alhaq.v13i1.455

Procedural treatment of mentally disturbed defendants in Libyan legislation (during the preliminary investigation and trial phases)
type: item
description: 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.
subject: Articles
  topic: section
creator: Mohamed Omar faraj Alshukri
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-18
publication date: 2026-02-18
starting page: 341
ending page: 354
doi: 10.58916/alhaq.v13i1.454

The lack of credibility of the justification leading to the arbitrary termination
type: item
description: 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.
subject: Articles
  topic: section
subject: Employment contract, arbitrary termination
  topic: keywords
subject: serious reason, abuse of right
  topic: keywords
subject: burden of proof
  topic: keywords
creator: Samira Mansour AlNawari
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-08
publication date: 2026-02-08
starting page: 324
ending page: 340
doi: 10.58916/alhaq.v13i1.453

Surah AlHumazah in the Quran Between Interpretation and Explanation (A Comparative Analytical Interpretive Study)
type: item
description: Surah Al-Humazah is unanimously considered a Meccan surah. This surah contains a severe warning for those characterized by these two traits (slander and backbiting), as well as for those who amass wealth and count it without regard for its source, mistakenly believing that this wealth will grant them immortality. Allah also mentions in it some details of their punishment, such as a fire that will not only burn them but will consume their skin, veins, flesh, and bones until it breaks them, reaching their hearts. Then they will be given new skins to taste the torment. May Allah protect us from it
subject: Articles
  topic: section
subject: slander, backbiting
  topic: keywords
subject: crushing, will be thrown
  topic: keywords
subject: fire
  topic: keywords
creator: Dr. Saeed AlSaadi Abdullah
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-08
publication date: 2026-02-08
starting page: 312
ending page: 323
doi: 10.58916/alhaq.v13i1.452

Investigation of the book “Advice for the Free and the Slave on Avoiding Chess and Dice” by Abd AlRahman ibn Khalil alAdhra’i Zayn alDin alQabuni (787-869 AH / 1385-1465 AD)
type: item
description: The critical edition of the book "Advice to the Free and the Slave Regarding Avoiding Chess and Backgammon" by the Shafi'i jurist Abd al-Rahman ibn Khalil al-Qabuni (d. 869 AH) is a highly significant scholarly achievement. It brings to light a unique manuscript, unparalleled in its field, and adds to the Islamic library an original source on a controversial jurisprudential topic concerning the Sharia's stance on mental games such as chess and backgammon. The book's value lies in the fact that it does not merely present the legal evidence confirming the prohibition, but also demonstrates the author's independent reasoning in constructing his own arguments before citing Ibn Taymiyyah's treatise to support his opinion. This reflects a distinctive compositional approach that combines personal interpretation with the selective application of earlier texts. The critical edition aims to accurately verify and authenticate the text, presenting it free from errors and misprints, while also providing a comprehensive study of al-Qabuni's life and works in the ninth century AH. This will provide researchers with verified scholarly material that serves the jurisprudential debate, the history of games, and their social impact on Islamic civilization. Thus, the book becomes a jurisprudential and historical document at the same time, highlighting Al-Qabuni’s personality as an independent jurist and prominent author, and opening the way for broader studies on the relationship of jurisprudence to recreational activities in medieval Islamic society.
subject: Articles
  topic: section
subject: Advice, the free man and the slave
  topic: keywords
subject: chess, dice
  topic: keywords
subject: Abdul Rahman AlQabuni
  topic: keywords
creator: Isa Ali Umran
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-07
publication date: 2026-02-07
starting page: 293
ending page: 311
doi: 10.58916/alhaq.v13i1.451

Logical application in theology: Establishing rules and protecting belief
type: item
description: This research examines the role of logic in Islamic theology (Kalam), specifically how its tools are employed in formulating rational arguments that support fundamental beliefs and protect the doctrinal system from collapse due to contradictions or logical problems. The research also seeks to clarify the complementary relationship between reason, revelation, and religious texts, with a focus on utilizing formal logic to ensure the validity of rational arguments related to doctrine.
subject: Articles
  topic: section
subject: Logic, proof
  topic: keywords
subject: doctrines, attributes
  topic: keywords
subject: arguments
  topic: keywords
creator: Ahmed Emrihel Yosef
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-07
publication date: 2026-02-07
starting page: 284
ending page: 292
doi: 10.58916/alhaq.v13i1.450

Recording Conversations Between Violation of Private Life and Evidence of Proof (A Comparative Fiqh)
type: item
description: Unauthorized recording of conversations and the resulting infringement and violation of the right to private life, which Islamic Sharia and positive laws have sought to protect from intrusion and violation, is a serious matter. For this reason, Islamic Sharia has prohibited spying, eavesdropping, and the transmission or recording of conversations without permission, considering it a breach of sanctity. Similarly, Libyan law, following the example of other legal systems in preserving the sanctity of private life, which is considered an individual right, has established strict controls to ensure it is not violated, even by state authorities and their employees. These controls are kept to the narrowest limits, even when pursuing justice and the public interest. This is achieved by requiring a judge's permission to monitor telephone calls and record conversations for them to be accepted as legitimate evidence. Otherwise, they are considered a mere presumption, like any other circumstantial evidence, which does not rise to the level of proof and is subject to the judge's discretion and freedom in forming their conviction. This is especially critical with the emergence of artificial intelligence technologies capable of mimicking and forging conversations and recordings, making it difficult to distinguish them from original conversations. Therefore, it is imperative to stipulate that such recordings must be obtained through legitimate means to be admissible.
subject: Articles
  topic: section
subject: Recording Conversations, Spying
  topic: keywords
subject: Private Life, Disclosure of Secrets
  topic: keywords
subject: Betrayal of Trust/Council
  topic: keywords
subject: Evidence of Proof
  topic: keywords
creator: Abdullah Alsadiq Abdullah Almeesawi
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-23
publication date: 2026-01-23
starting page: 197
ending page: 210
doi: 10.58916/alhaq.v13i1.449

The legal regime for innocent passage in the territorial sea according to the United Nations Convention on the Law of the Sea 1982
type: item
description: The research addressed the legal system of the right of innocent passage in the territorial sea as one of the fundamental pillars established by the United Nations Convention on the Law of the Sea of ​​1982 to achieve a balance between the sovereignty of the coastal state and the freedom of international navigation. The study showed that passage is considered innocent unless it affects the safety, good order, or security of the coastal state, with the obligation of foreign vessels, especially those of a special nature such as submarines, nuclear, and warships, to adhere to specific technical and security rules, such as surface navigation and compliance with precautionary measures. The research also reviewed the rights of the coastal state to regulate or temporarily suspend this passage for security reasons, in return for its obligation not to impede navigation or discriminate between vessels. The study concluded that contemporary technological developments in ship tracking and new international practices necessitate updating national and international legal texts to keep pace with emerging threats such as technological espionage and non-traditional environmental pollution, in a way that ensures the protection of national sovereignty without compromising the effectiveness of global maritime trade.
subject: Articles
  topic: section
subject: Responsibility, Bank
  topic: keywords
subject: Electronic Payment, Banking Applications
  topic: keywords
subject: Central Bank
  topic: keywords
creator: Fatma Salem Shuaib
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-28
publication date: 2026-01-28
starting page: 272
ending page: 283
doi: 10.58916/alhaq.v13i1.448

The extent of the bank's responsibility for electronic payments via banking applications: A comparative study between Libyan, Egyptian, and Saudi law
type: item
description: The bank's responsibility for electronic payments in the three legal systems is characterized as a contractual responsibility based on the duty to secure transactions and preserve customer data. In Libyan law (Electronic Transactions Law), the bank is obligated to ensure the safety of the technical system and compensate for damage resulting from its vulnerabilities. Similarly, Egyptian law (Law Regulating the Use of Non-Cash Payment Methods) emphasizes the protection of the rights of the digital consumer, holding the bank responsible for unauthorized transactions unless the customer's negligence is proven. As for the Saudi system (Electronic Transactions Law and Central Bank rules), it adopts a strict standard in protecting customers, where it obliges the bank to prove "gross negligence" on the part of the customer to exempt itself from responsibility. The three legislations agree that the bank is the technically stronger party, which makes it primarily responsible for any breach of the application's security systems, with slight differences in the mechanisms for proving fault and determining the limit of compensation.
subject: Articles
  topic: section
subject: Responsibility, Bank, Electronic Payment
  topic: keywords
subject: Banking Applications
  topic: keywords
subject: Central Bank
  topic: keywords
creator: Khiri Mftah Salem
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-26
publication date: 2026-01-26
starting page: 256
ending page: 271
doi: 10.58916/alhaq.v13i1.447

Applying the objectives of Islamic law in weighing and prioritizing evidence
type: item
description: This research paper addresses a precise fundamental issue related to activating the objectives of Sharia as a tool to avert apparent contradiction between evidence. The research aims to establish the methodology of preference based on objectives, where the researcher reviewed the concept of objectives and their levels (necessities, needs, and refinements), and the concept of preference and its conditions, especially when the two pieces of evidence are equal in proof and strength. The study concluded that preference based on objectives means the mujtahid presenting one of the conflicting statements or evidence based on the “precedent-based advantage,” which is the strength of the interest achieved by the preferred evidence and its bringing benefit or averting harm. The research confirms that this approach requires the mujtahid to consider the consequences of actions to ensure the realization of the intent of the legislator, which highlights the flexibility of Islamic jurisprudence and its suitability to keep pace with new issues and events.
subject: Articles
  topic: section
subject: Preference, Sharia objectives
  topic: keywords
subject: evidence, interest
  topic: keywords
subject: Islamic jurisprudence
  topic: keywords
creator: Ahmed Abdullah Abdulhafith
creator: Fathi Gheat Muftah Yaqah
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-24
publication date: 2026-01-24
starting page: 244
ending page: 255
doi: 10.58916/alhaq.v13i1.446

Constitutional framing of the principle of citizenship in Libya
type: item
description: The constitutional framework of citizenship ensures respect for human rights and provides a foundation for peaceful coexistence in society. It is considered a benchmark for the extent to which democratic values ​​are observed in the state. Modern constitutions stipulate citizenship as the basis for building the state, considering it a concept concerned with the exercise of rights by citizens according to the principle of equality and the application of democracy achieved for the people through participation in public affairs via a strong civil society and a level of peaceful coexistence among the segments of society. Therefore, the constitutional framework of citizenship is considered one of the requirements for the establishment of the rule of law, and a societal need to achieve social peace, especially in countries that have experienced conflicts and revolutionary changes. This research therefore undertakes a study of the constitutional framework of citizenship in Libya, which is a subject of controversial debate that has exacerbated the constitutional situation and delayed the referendum on the draft constitution. The problems surrounding the constitutional framework of citizenship that Libya is witnessing today are a result of previous constitutional problems in the country that led to the lack of consolidation of the values ​​of citizenship, along with the weakness and division of political power that has emerged in the country.
subject: Articles
  topic: section
subject: Citizenship, Constitution
  topic: keywords
subject: Human Rights, State
  topic: keywords
subject: Equality
  topic: keywords
creator: Kalthoum Alsuwayah Alhaml
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-23
publication date: 2026-01-23
starting page: 230
ending page: 243
doi: 10.58916/alhaq.v13i1.445

The legal framework for the voluntary suspension of civil litigation
type: item
description: This research examines the voluntary stay of civil proceedings as a procedural system embodying the principle of the parties' autonomy in managing judicial litigation. The research aims to clarify the legal basis of this system, define its scope and regulations, and highlight the practical challenges associated with its application, particularly those related to procedural delays and the obstruction of dispute resolution. The research employs an analytical and descriptive approach, analyzing the legal rules governing voluntary stay and drawing upon scholarly opinions and judicial precedents to elucidate the conditions, effects, and legal limits of the stay. The research concludes that voluntary stay does not produce its effects merely by agreement of the parties, but rather requires approval from the competent judicial authority for a specific period. This ensures effective oversight that prevents the abuse of this right. The research also demonstrates that the primary purpose of voluntary stay is to enable parties to settle their disputes amicably or remove a temporary impediment preventing the continuation of the proceedings, without prejudice to mandatory deadlines or the stability of legal positions. The research confirmed that the distinguishing factor between a legitimate voluntary stay of proceedings and procedural delay lies in the purpose and seriousness of the stay. The research concluded that a ruling approving a voluntary stay of proceedings is a procedural ruling that does not terminate the litigation. It does not adjudicate the merits of the dispute, nor does it have the force of res judicata regarding the underlying right, although it does produce binding procedural effects during the stay period. It may be appealed as an exception due to its direct impact on the course of the proceedings.
subject: Articles
  topic: section
subject: Voluntary suspension, litigation
  topic: keywords
subject: subject of dispute, ruling
  topic: keywords
subject: procedural delay
  topic: keywords
creator: Asharaf Jummah Ali Koubas
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-23
publication date: 2026-01-23
starting page: 211
ending page: 229
doi: 10.58916/alhaq.v13i1.443

Islamic Sharia law protects consumers from commercial fraud: "The Hisbah system as a model"
type: item
description: The research aims to explain the concept and ways of protecting the consumer from commercial fraud, which harms both consumers and honest merchants, negatively affecting consumer confidence in the market, undermining fair competition, and posing a great danger to the nation's economic future. The research addressed the definition of commercial fraud, its forms and its effects on the individual and society. It also reviewed the most important consumer protection systems in the Islamic state throughout the ages, which is "Al-Hisbah system" that aims to ensure the application of religious principles in commercial transactions
subject: Articles
  topic: section
subject: Consumer protection, commercial fraud
  topic: keywords
subject: fair competition, accountant
  topic: keywords
subject: commercial transactions
  topic: keywords
creator: Abdulnabi Abu AlQasim Imhammed
creator: Fathi Ali Ibrahim
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-23
publication date: 2026-01-23
starting page: 181
ending page: 196
doi: 10.58916/alhaq.v13i1.441

Women's right to inheritance: A comparative study
type: item
description: This study examines “Women’s Inheritance in Islamic Law in comparison with Jewish and Christian Laws.” It aims to demonstrate the justice of Islamic legislation concerning inheritance, to clarify its legal objectives, and to highlight the honor granted to women within a comprehensive legislative system. The research traces all texts and rulings related to inheritance in the three religions and compares them precisely, while also analyzing and refuting the doubts raised around the subject. The study reveals the fundamental differences between Islamic inheritance rulings and what is found in earlier Jewish and Christian laws. It reviews the status of women and their inheritance rights in each of them and addresses misconceptions surrounding women’s inheritance in Islam—particularly the claim that “for the male is the share of two females.” This misconception is carefully examined and refuted through authentic Islamic evidence, showing that variations in inheritance shares are not based on gender, but on three criteria: Degree of kinship Generational position of the heir Financial responsibilities The research concludes that Islam was the first legal system to grant women obligatory inheritance rights—whether as a mother, wife, or daughter—after women had been deprived of inheritance in previous religious traditions. It affirms that Islamic inheritance law is distinguished by fairness, wisdom, and balance between rights, obligations, and financial responsibilities, ensuring women’s dignity and financial entitlements. The misconceptions surrounding women’s inheritance stem from a limited understanding of the Islamic economic and social philosophy, which distributes financial duties and responsibilities with justice.
subject: Articles
  topic: section
subject: Women’s inheritance rights
  topic: keywords
subject: Divine laws
  topic: keywords
subject: Misconceptions about women’s inheritance
  topic: keywords
creator: Mahmoud Mohamed Ali Aghnaya
creator: Noha Nasr Ali
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-22
publication date: 2026-01-22
starting page: 168
ending page: 180
doi: 10.58916/alhaq.v13i1.440