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Journal of Islamic Studies and Thought for Specialized Research

About the Journal :

Journal of Islamic studies and thought for specialized research, a magazine working in the field of intellectual reform and knowledge, as one of the pillars of the project of contemporary Islamic civilization.

The magazine seeks to be a port for scientists, thinkers, researchers and intellectuals to work hard to reform the Islamic thought and methodology at the nation level, exceeding the boundaries of language and region, to serve humanity as a whole in order to achieve the greater goal of promoting the levels of human thought at the global level.

The Journal of Islamic Studies and Thought for Specialized Research aims at providing high-quality scientific research in order to provide an excellent scientific material. It is useful for researchers, intellectuals and specialists to form a scientific reference in the process of achieving our vision. The magazine undertakes to communicate with researchers and writers from different walks of life to promote their research and articles. Including the scientific movement and intellectual efforts in the field of reform and promotion of the system of human thought.



POLITICAL CRIME AND ITS CONCEPTUALIZATION IN THE ISLAMIC LAW AND THE LIBYAN POSITIVE LAW

The topics of political crimes, its research and implementation are important and significant topics in light of the continuation of the ruling based on the perspectives of the Islamic law (Shariah) as well as the positive law in terms of legalizations and adaptations of this important matter. Moreover, there is no doubt that it would be useful to compare the various perspectives on this matter so as to identify the similarities and the differences between the ruling of Shariah and ruling of positive law. Here lies the research problem. This research aims to clarify the meaning of political crime and its concept in the various views of the Islamic law and the positive Libyan law. The researcher follows the methods of inductive, descriptive, and comparative approach, seeking to achieve the research objectives and to answer the research questions related to the many issues and provisions in regard to political crime from the perspectives of the Islamic law and the provisions of the Libyan Penal Code. The research findings suggest that the concept of political crime is defined as: the criminal act that collides with the political system of a state, from the outside as the independence of the state and territorial ‎sovereignty and its relationship with other states which are classified in the Islamic law into crimes of opinion, actual crimes and those have no penalty for the freedom of opinion and expression. The concept of internal political crimes is those that affected the internal sovereignty of a state, including constitutional rights, other crimes against the form of government and the organization of public authorities and constitutional institutions.