Al-haq Journal for Sharia and Legal Sciences
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: Al-haq Journal for Sharia and Legal Sciences
issn: 3005-3919
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
items: The role of punitive compensation in addressing privacy violations: In French and Libyan law
items: The Legal Nature Of Liability Arising From Breach Of The Obligation To Provide Information Before Entering Into A Contract
items: The Contracted Company Through Full Ownership Or Participation Between Permissibility And Prohibition
items: Danger and preventive criminalization in contemporary criminal thought
items: Aristotle's Logic in Islamic Thought: A Reading of the Motives for Acceptance and Adoption
items: Women assuming judicial positions: between religious prohibitions and modern necessities
items: Disadvantages of consent and their effect on the stability of the contractual bond
items: The connotations of the word "covenant" in the Qur'anic context: a semantic and thematic study
items: Zakat on debt from the abridged version of Sheikh Khalil: An applied analytical study
items: Evidence by circumstantial evidence in the crime of adultery: between Maliki jurisprudence and Libyan law
items: Proportional Fines as a Mechanism for Combating Corruption Crimes
items: The reading of Muslimah ibn Muharib and its impact on interpretation
items: Methodological differences between early and later scholars in hadith criticism: A comparative analytical study
items: Constructive seizure in Islamic jurisprudence: The treatment of personal belongings in Libya as a case study
items: National sovereignty and interference in the internal affairs of states in light of international changes and the provisions of international law: Libya as a case study
items: The legal framework for social security pensions

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

The role of punitive compensation in addressing privacy violations: In French and Libyan law
type: item
description: This research examines punitive compensation as a newly developed mechanism for addressing privacy violations through media and the internet within the French legal system, exploring its applications and the potential for its adoption in Libyan law. The research reviews the traditional and punitive functions of civil compensation, presenting the foundations and criteria used by the French judiciary in assessing compensation for moral damages. It also discusses the jurisprudential and judicial developments in France that advocate for the adoption of punitive compensation as a deterrent against deliberate acts motivated by profit.
subject: Articles
  topic: section
subject: Punitive compensation, compensation for damages
  topic: keywords
subject: privacy, profit error
  topic: keywords
subject: criminal penalty
  topic: keywords
creator: Otman Madkoor Mohamad Khalifa
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-18
publication date: 2026-01-18
starting page: 136
ending page: 151
doi: 10.58916/alhaq.v13i1.438

The Legal Nature Of Liability Arising From Breach Of The Obligation To Provide Information Before Entering Into A Contract
type: item
description: This research examines the obligation to inform in the pre-contractual stage as a fundamental pillar of civil transactions, given its pivotal role in fostering informed consent that allows the contracting party to be fully aware of all essential information related to the subject matter of the contract. The legal nature of this obligation is defined as a non-contractual obligation arising in the preliminary stage of contract formation, distinct from the systems of mistake and fraud. While mistake is based on subjective criteria, the obligation to inform rests on an objective standard, establishing liability simply through concealment, without requiring fraudulent means. This makes its scope broader than that of fraud. The study concludes that this obligation is a product of judicial interpretation, which sought to overcome legislative shortcomings in establishing rules of transparency among negotiators. It emphasizes that compensation for breach of this obligation is subject to the general rules of civil liability. Finally, the research recommends that the Libyan legislature develop and broaden the provisions concerning mistake to encompass all factors that may impair the contracting party's will due to a lack of information.
subject: Articles
  topic: section
subject: Obligation to inform, pre-contractual liability
  topic: keywords
subject: informed consent, compensation
  topic: keywords
subject: civil law
  topic: keywords
creator: Mohammed Alsaddeeq Albasheer Mubayrash
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-15
publication date: 2026-01-15
starting page: 121
ending page: 135
doi: 10.58916/alhaq.v13i1.437

The Contracted Company Through Full Ownership Or Participation Between Permissibility And Prohibition
type: item
description: The diminishing partnership contract is regarded as one of the contemporary investment structures suitable for the nature of Islamic banks, as it offers an alternative mode of financing in place of interest-based lending. For this reason, it was approved by the International Islamic Fiqh Academy in its Resolution No. (136/5/2) of 2004. It is likewise permitted under the Libyan Commercial Law No. (23) of 2010 in Articles (65, 12, 6). It is also not prohibited under the Islamic Banking Law No. (46) of (2012), specifically in Article (100) repeated (4, 3).
subject: Articles
  topic: section
subject: Diminishing partnership
  topic: keywords
subject: – permissibility – prohibition
  topic: keywords
subject: binding promise – sale
  topic: keywords
creator: Saleem Abd Aldaem Ebshina
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-13
publication date: 2026-01-13
starting page: 113
ending page: 120
doi: 10.58916/alhaq.v13i1.436

Danger and preventive criminalization in contemporary criminal thought
type: item
description: This study examines preventive criminalization in contemporary criminal policy through an analysis of risk as a basis for anticipatory criminal intervention and the tension it creates between security needs and human rights guarantees. It argues that the shift from criminalizing harmful acts to criminalizing potential risks reflects a deep transformation in the philosophy of criminalization, while simultaneously threatening core principles of criminal legality such as responsibility, the presumption of innocence, and limits on state punitive power. The study finds that excessive reliance on vague probabilistic assessments undermines legal certainty and turns criminal law into a tool of risk management rather than rights protection. It emphasizes that the legitimacy of preventive criminalization depends on adherence to necessity, proportionality, and individualization, coupled with effective judicial oversight. The study concludes that sustainable security requires restraining criminal intervention and maintaining a balance between societal protection and individual freedom.
subject: Articles
  topic: section
subject: Criminal risk, preventive criminalization
  topic: keywords
subject: contemporary criminal policy, criminal legitimacy
  topic: keywords
subject: human rights
  topic: keywords
creator: Salem Ramadan Abubaker Imssaed
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-11
publication date: 2026-01-11
starting page: 98
ending page: 112
doi: 10.58916/alhaq.v13i1.435

Aristotle's Logic in Islamic Thought: A Reading of the Motives for Acceptance and Adoption
type: item
description: The transfer of the Greek logical heritage to the Islamic space represents a unique phenomenon in the history of human thought, as it went beyond mere linguistic transfer to a process of profound creative transformation. This process began in earnest in the eighth century AD, where logical works were translated first into Syriac and then into Arabic, by translators from different religious backgrounds, benefiting from the neutrality and mechanism of logic, and its role in establishing thought in comparison to grammar in establishing the tongueLogic is considered the organized and effective tool in refutation and mental proof, and a model for positive civilizational interaction with the heritage of others, and how to benefit from it in the contemporary dialogue of civilizations, and the development of the curricula of teaching logic in Islamic educational institutions, especially in the field of postgraduate studies, based on a deeper historical and philosophical understanding of the nature and development of logic.
subject: Articles
  topic: section
subject: Logic, Aristotle
  topic: keywords
subject: Islamic thought, acceptance
  topic: keywords
subject: adoption
  topic: keywords
creator: Mousa Masoud Kedai
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-10
publication date: 2026-01-10
starting page: 85
ending page: 97
doi: 10.58916/alhaq.v13i1.434

Women assuming judicial positions: between religious prohibitions and modern necessities
type: item
description: The appointment of women to the judiciary is a pivotal issue, pulled in opposing directions by traditional jurisprudential perspectives and modern civil necessities. While one school of thought adheres to certain legal impediments based on the concept of general guardianship, a reformist current emerges, grounded in the objectives of Islamic law and women's full legal capacity. Conversely, modern necessities and the principles of citizenship and constitutional equality necessitate the integration of women into the judiciary to enhance the efficiency of the judicial system. Thus, this empowerment has become a social and legal imperative, reflecting the development of the modern state and its ability to balance tradition and modernity. The debate today is no longer about the principle itself, but rather about regulating this practice in a way that serves absolute justice.
subject: Articles
  topic: section
subject: The judiciary, women's rights
  topic: keywords
subject: jurisdiction, legal impediments
  topic: keywords
subject: legal objectives
  topic: keywords
subject: المقاصد الشرعية
  topic: keywords
creator: Alhasan Imbarak Ishteewi Ahmed
creator: Fathi Gheat Muftah Yaqah
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-08
publication date: 2026-01-08
starting page: 75
ending page: 84
doi: 10.58916/alhaq.v13i1.433

Disadvantages of consent and their effect on the stability of the contractual bond
type: item
description: Defects of consent are among the most important grounds for the invalidity of contracts under Libyan civil law. They directly affect the contracting party's consent, rendering their will unfree or unsound. The Libyan legislator has identified four main defects of consent: mistake, fraud, duress, and exploitation. Each has specific conditions that affect the contract's voidability. A contract may appear valid, but it is voidable upon request by the aggrieved party within a specified period. Annulment restores the contracting parties to their pre-contractual positions. Libyan jurisprudence has shown more restraint in interpreting these defects compared to Egyptian jurisprudence, particularly regarding mistake and exploitation, while demonstrating greater flexibility in cases of fraud and duress. There is a clear need to develop legislation to keep pace with modern electronic contracts and the new challenges they pose to contractual will. Protecting contractual will does not stop at texts, but requires a flexible legal environment and a judiciary aware of economic, social and technological changes. Therefore, developing solutions for addressing defects of will must be done in light of modern challenges, while maintaining a balance between the principle of freedom of contract and ensuring the integrity of the contractual relationship.
subject: Articles
  topic: section
subject: Contract, freedom of contract
  topic: keywords
subject: defects of consent, voidability of contract
  topic: keywords
subject: Libyan civil law
  topic: keywords
creator: Mohammed Ayad Abu Bakr
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-07
publication date: 2026-01-07
starting page: 64
ending page: 74
doi: 10.58916/alhaq.v13i1.432

The connotations of the word "covenant" in the Qur'anic context: a semantic and thematic study
type: item
description: This study examines the connotations of the word “covenant” in the Holy Qur’an through an analytical approach that combines semantic tracking and thematic study, to reveal the diversity of the word’s meanings according to its different contexts. The aspects of “covenant” in the verses varied between a testament, a command, security, and a solemn pact, which reflects the comprehensiveness of the concept in regulating the relationship between the Creator and the created, and between individuals and society. This study aims to highlight the ethical and legal dimension of the covenant in Islam, stressing that fulfilling it represents a pillar of faith and a guarantee of social security. The study also shows that the covenant in the Qur’an is not merely a verbal commitment, but rather an existential pact that entails reward in this world and the hereafter. The study concludes that understanding these connotations contributes to understanding the objectives of Sharia towards establishing the values ​​of trustworthiness and human responsibility.
subject: Articles
  topic: section
subject: The covenant, the Quranic indication, the pact, the fulfillment, the objectives of Islamic law
  topic: keywords
creator: Abdul Hamid Abdul Qadir Abdul Hamid
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-20
publication date: 2026-01-20
starting page: 152
ending page: 167
doi: 10.58916/alhaq.v13i1.431

Zakat on debt from the abridged version of Sheikh Khalil: An applied analytical study
type: item
description: This research paper presents an applied analytical study on zakat on debt, aiming to examine Sheikh Khalil's statement from his abridged work, by explaining the meaning of debt and its conditions, and grounding the issue in the major books of Maliki jurisprudence. The study also focuses on examining the statements of the commentators on the abridged work and their methodology in legal deduction. The research seeks to highlight the criticisms directed at Sheikh Khalil, in addition to comparing his statement with the statement of the abridged work of Al-Amir. The results revealed that the jurists agree on the obligation of zakat on debt for whoever owns the minimum amount (nisab) and a year has passed on it and he has no debt, but the difference was in the impediment: Is it the fear of not being able to collect it? Or is it not obligatory until the debt is collected?
subject: Articles
  topic: section
subject: Zakat on debt
  topic: keywords
subject: Khalil
  topic: keywords
subject: the prince
  topic: keywords
subject: the manager
  topic: keywords
subject: the monopolist
  topic: keywords
subject: interest
  topic: keywords
subject: usurpation
  topic: keywords
subject: trade
  topic: keywords
creator: Abdulhamid Nasr Mohammed Iksheedan
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-05
publication date: 2026-01-05
starting page: 49
ending page: 60
doi: 10.58916/alhaq.v13i1.430

Evidence by circumstantial evidence in the crime of adultery: between Maliki jurisprudence and Libyan law
type: item
description: This study examines the admissibility of circumstantial evidence in cases of adultery, comparing Maliki jurisprudence, which is considered the most expansive school of thought in accepting "suspicion" and strong circumstantial evidence such as pregnancy outside of marriage, with Libyan law, which derives its rulings from Islamic Sharia according to the laws of retaliation and prescribed punishments. The research reviews how the judiciary deals with contemporary circumstantial evidence such as DNA fingerprinting and its ability to establish the prescribed punishment or impose discretionary punishment on the offender, focusing on the principles of avoiding prescribed punishments in cases of doubt. The study concludes that the Libyan legislator has adopted the Maliki school of thought in accepting conclusive circumstantial evidence that is not open to interpretation, while exercising extreme caution to ensure the preservation of lineage and the protection of reputations.
subject: Articles
  topic: section
subject: Circumstantial evidence
  topic: keywords
subject: the crime of adultery
  topic: keywords
subject: Maliki jurisprudence
  topic: keywords
subject: Libyan law
  topic: keywords
subject: genetic fingerprinting
  topic: keywords
subject: averting punishments
  topic: keywords
creator: Abdelhamid abubaker imhimmed
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-03
publication date: 2026-01-03
starting page: 36
ending page: 48
doi: 10.58916/alhaq.v13i1.429

Proportional Fines as a Mechanism for Combating Corruption Crimes
type: item
description: This topic discussed the penalty of a relative fine and its role in combating corruption in Libyan criminal legislation. This research is based on a central question: How effective is the relative fine in combating corruption crimes in Libyan criminal legislation? This research was divided into two requirements. In the first requirement, we discussed the nature of the relative fine penalty and the most important characteristics that distinguish it from other penalties. In the second requirement, we addressed the mechanism of applying the relative fine as an effective means of combating corruption crimes. The research reached a number of results, the most important of which are: The majority of corruption crimes stipulated in Libyan criminal legislation face custodial penalties that range between imprisonment and imprisonment depending on the seriousness of the act and the criminal seriousness of the offender. As for the penalty of a relative fine, it is considered small compared to other penalties, in addition to the penalty of The relative fine is a deterrent and effective punishment for combating corruption crimes of a financially profitable nature.
subject: Articles
  topic: section
subject: Fine
  topic: keywords
subject: Corruption
  topic: keywords
subject: Legislation
  topic: keywords
subject: Deterrence
  topic: keywords
subject: Effectiveness
  topic: keywords
creator: Taher Ahmed Abu Oshaybah
creator: Abdulaziz Meftah Al-Ghafoud
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-01
publication date: 2026-01-01
starting page: 25
ending page: 35
doi: 10.58916/alhaq.v13i1.428

The reading of Muslimah ibn Muharib and its impact on interpretation
type: item
description: This research explores the Reading of Muslimah ibn Muhārib and its Impact on Qur’anic Interpretation. Muslimah ibn Muhārib was a little-known reciter from Basra in the second century AH, noted for his distinct linguistic and grammatical insights reflected in his variant readings. The study adopts the inductive method to collect his reported readings from classical sources, and the analytical method to explain their linguistic and exegetical implications. The findings show that his readings — such as “waba‘ulatuhunna aḥaqqu biraddihinna” with a quiescent tā’, “wa idh ya‘idukum Allāh” with a quiescent dāl, and “madkhalan” without gemination — reveal subtle grammatical and rhetorical nuances that enrich Qur’anic meaning. The research concludes that non- canonical (shādhdh) readings, though not recited as part of the canonical Qur’an, constitute a valuable linguistic and exegetical resource that highlights the expressive diversity and eloquence of the Qur’anic text.
subject: Articles
  topic: section
subject: Irregular readings
  topic: keywords
subject: Muslimah ibn Muharib
  topic: keywords
subject: exegesis
  topic: keywords
subject: Qur'anic meaning
  topic: keywords
subject: rhetorical miracle
  topic: keywords
creator: Abdullah Mohammed Abdullah
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-01
publication date: 2026-01-01
starting page: 18
ending page: 24
doi: 10.58916/alhaq.v13i1.427

Methodological differences between early and later scholars in hadith criticism: A comparative analytical study
type: item
description: This research, entitled "Methodological Divergence Between Early and Later Scholars of Hadith Criticism: A Comparative Analytical Study," aims to elucidate the fundamental differences and potential areas of convergence between two prominent schools of thought in Hadith studies. The research problem lies in the abundance of conflicting judgments between early and later scholars, leading to varying stances on the authenticity and weakness of Hadiths. This, in turn, has had repercussions on jurisprudence and legal reasoning. The research employs an inductive, analytical, and comparative approach, collecting texts from their original sources and then organizing them according to specific topics and objectives, along with a meticulous analysis of the differences and their practical applications. The research demonstrates that early scholars were distinguished by their comprehensive inductive reasoning and profound understanding of Hadith, while later scholars were characterized by theoretical complexity and reliance on terminological rules. Furthermore, the research reveals that the evaluation of many Hadiths differed due to the nature of the critical methodology employed by each group. Among the most prominent recommendations are the necessity of combining the two methodologies, reviving the science of Hadith defects among contemporary scholars, and reconsidering some of the later scholars' judgments that contradicted the principles of the early critics.
subject: Articles
  topic: section
subject: Methodological differences
  topic: keywords
subject: early scholars
  topic: keywords
subject: later scholars
  topic: keywords
subject: conflicting rulings
  topic: keywords
subject: Hadith science
  topic: keywords
creator: Alhusein Musbah Omran
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-01
publication date: 2026-01-01
starting page: 10
ending page: 17
doi: 10.58916/alhaq.v13i1.426

Constructive seizure in Islamic jurisprudence: The treatment of personal belongings in Libya as a case study
type: item
description: This research addresses the origin of the issue of constructive possession and its contemporary applications in the Libyan banking sector. The research begins by stating the obligation of the person responsible to learn the rules of financial transactions before engaging in them in order to avoid falling into what is forbidden by Sharia. Constructive possession has been defined as treating the sold item, which cannot be physically possessed, as if it were actually taken for a legitimate reason, so that the effects of actual possession of enabling and relinquishing it are established. The study confirmed that constructive possession has a fixed Sharia basis, and it is a means to remove hardship and difficulty and to meet people’s renewed needs in line with the rule of changing rulings with changing customs. These concepts were applied to the “personal purposes” transaction (dollar card) launched by the Central Bank of Libya.
subject: Articles
  topic: section
subject: Constructive seizure
  topic: keywords
subject: personal purposes
  topic: keywords
subject: Central Bank of Libya
  topic: keywords
subject: bank registration
  topic: keywords
subject: usury of delay
  topic: keywords
creator: Mahmoud Mohamed Ali Aghnaya
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-03
publication date: 2026-01-03
starting page: 1
ending page: 9
doi: 10.58916/alhaq.v13i1.425

National sovereignty and interference in the internal affairs of states in light of international changes and the provisions of international law: Libya as a case study
type: item
description: Our study of this research topic revealed its connection to aspects related to the right of states to form their political systems and how they manage all their affairs. However, international variables present a different picture. This means that national sovereignty is not immune to international interventions, pressures, and dictates. This has opened the door to interference in internal affairs under this guise. Such interference is often a result of international interests, the desire to extend influence and control, or to advance agendas and strategies that serve the interests of specific actors in international politics. Our view is that if international organizations allow states free rein to interfere in internal affairs in line with international changes and geopolitical developments, these actions will inevitably lead member states to deviate and overstep the bounds of such behavior. This can be described as an abuse of rights under the cover of international obligation, legitimized by the Security Council under the pretext of protecting international peace and security. This casts a shadow on the principle of national sovereignty, political independence, and the rights of states to choose their political systems according to their constitutions and legislation. And its national laws.
subject: Articles
  topic: section
subject: Sovereignty
  topic: keywords
subject: intervention
  topic: keywords
subject: internal affairs
  topic: keywords
subject: international variables
  topic: keywords
subject: international law
  topic: keywords
creator: Daw Adaim Gizza
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-14
publication date: 2025-11-14
starting page: 767
ending page: 784
doi: 10.58916/alhaq.v12i2.420

The legal framework for social security pensions
type: item
description: This study examines the legal framework for social security pensions in Libya, reviewing the legislative framework and the bodies responsible for implementing this system. The research aims to analyze the fundamental laws related to social security and study the role of government agencies in managing financial assistance for vulnerable groups. It also addresses the challenges facing the system, such as insufficient funding and corruption. Through this analysis, the research seeks to offer recommendations for improving the effectiveness of the social security system and promoting social justice in Libya
subject: Articles
  topic: section
subject: Legal regulation
  topic: keywords
subject: pensions
  topic: keywords
subject: social security
  topic: keywords
subject: social protection
  topic: keywords
subject: entitlement
  topic: keywords
creator: Hssen Abdualla Ali
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-10
publication date: 2025-11-10
starting page: 757
ending page: 766
doi: 10.58916/alhaq.v12i2.419