The relationship of crime to society in the countries of Asia and the Arabs
Journal Title: Journal of Advanced Research in Social Sciences and Humanities - Year 2020, Vol 5, Issue 3
Abstract
Aim: The study aims to find out and analyze domestic violence and study it in detail, openly and independently based on the Libyan criminal law, to review and develop the law. Studi sosial internasional antara. So it will not discriminate against Islamic law and. Furthermore, it aims to monitor and determine the jurisprudence aspect and the law by studying the law sanction set by Libyan lawmaker and compare it with Islamic law. Method: The researcher employs a descriptive analysis method and collects the data from Libyan law reference textbooks and criminal law encyclopedias. Data related to Islamic law are from several fiqh books. Then the researcher analyzes the data by representing them on each theme and reviewing them from the perspective of Libyan law and four main ulemas. The last steps are to compare and draw the conclusion from the study. Findings: The result shows that the Libyan lawmaker is in accordance with Islamic law in making law on domestic violence and its sanction. However, the law’s implementation is sometimes different in some cases due to some reasons such as maintaining human rights, safety and stability. The fact is caused by the lack of development and adjustment of the law. The Libyan family law has no explicit explanation on domestic violence and mediator misuse, and it delegates them to criminal law. However, the explanation will help to strengthen the argument and clarify the family condition in criminal law. Implications/Novel Contribution: The practical importance of the subject the researcher hopes to draw the attention of those responsible for judicial bodies, human rights organizations and scientific institutions to provide them with a detailed study of these crimes, analyzing, detailing, developing and dealing with deficiencies and codifying new standards, detailing the law in strict accordance with Islamic law in general.
Authors and Affiliations
MOHAMMED HAMD MOHAMMED ALEHIRIRSH
Keywords
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