Political Crimes between Islamic Law and Libyan Law Comparative Study

Abstract

This research has addressed an important topic of research of contemporary issues, namely political crimes a comparative study between the Islamic sharia and Libyan law. The problem of the search is to clarify the most important issues and matters relating to political offenses Islamic Shariah point of view and comparing them to the positive law to indicate the extent of agreement between the Libyan and Islamic Sharia law and the extent of the inconsistency, Also The research aims to define the political crimes in the Islamic Sharia and Libyan law and highlight the most important points of agreement and difference between Islamic sharia and Libyan law regarding political crime, and to explaine the views and opinions of Muslim scholars on crime. the methodologys or approachs used in this study is Inductive and the descriptive and comparative, to extrapolate the doctrinal matters and then configure accurate description, and then compared to the positive law of Libya. One of the most important findings of the researcher: The emergence of the wisdom in making the death thief cutting his hand from where the necessities of coexistence and security and building construction, maintenance and preservation of the reassuring funds was the wisdom of Allah and His mercy, seeing that the deterrent punishment for a thief to spoil the people of livelihood and undermines their security on their money, the imposition of the penalty of amputation of the thief. Libyan law differs with the Islamic Sharia in the issue of cutting the robber hand, while the law made clear in article (448) that the theft punishable on the basis of a complaint from the aggrieved party and shall be punished by a term of imprisonment not exceeding three months or a fine of not more than 20 pounds on the basis of a complaint from the injured party against the theft.