cover

The Journal of Sharia Fundamentals for Specialized Researches

About the Journal :

The Journal of Sharia Fundamentals for Specialized Researches is published quarterly, it is designed for whoever researcher seeking welfare that is based on knowledge. It seeks to provide a platform for the excellent researchers to present and consider the values and themes of various religious and social sciences acquired by learning and practice. It aimed at becoming a meeting point and channel for researchers to publish their innovative works, with regard to the interpretation of Islamic Sharia sciences and its regulations and the enhancing of social sciences to become adequate programs that serve the human and society in a significant and neutral way.

Our mission is to maintain the efforts of researchers and their innovative works in Islamic Sharia sciences known for its human civilizational value, through which we can spread awareness among people and ensure respect and strength of Islamic identity in different scientific, cultural, and social environments.

Therefore, this journal is designed to serve as a platform to identify the various religious and social dimensions of knowledge, such as considering the Holy Quran as the foremost and fundamental source of Islamic rules followed by the Sunah (biography of the Prophet Mohammed Peace and Blessings be Upon Him) that explains and clarifies the Holy Quran, along with its affiliated Sharia studies on the individual and society, such as studies concerned with Ijtihad which focuses on the studying of modern issues and finding solutions to them.



ALTADABIR ALAIHTIRAZIAT: DIRASAT BAYN ALSHRYET WALQANUN

ABSTRACT

The punishment was the main picture of the criminal penalty for a long period of history, and with the development of punitive thought, the picture became clearer about the inability of punishment to combat crime. The purpose of the criminal punishment was not to punish convicted criminals, but rather to rehabilitate those sentenced, Precautionary measures, based on the above; the problem of the study is based on the main question: what are the precautionary measures in Islamic law and Libyan law? The importance of the study has not been addressed in this way in the previous studies regarding the Islamic law and the Libyan law. The precautionary measures have been dealt with in the books of the Penal Code and not in depth in this particular and specific part, and have not been linked to Islamic Sharia In this context. The study aims to identify the precautionary measures in the Islamic Shari’ a and the measures stipulated in the Libyan Penal Code No. 16 of 1960 and its amendments, clarify the types of measures and specify the rules to which the precautionary measures are subject and the differences and similarities between the Islamic law and the Libyan law. It is based on the interpretation of the status quo (ie what is being) and the description of the phenomenon studied, as well as the method of inductive and comparative, and the research reached several results, the most important of which precautionary measures new penal system appeared with the school status after observation Lack of traditional sanctions. However, its concept is rooted in the Islamic jurisprudence, and the precautionary measures are exceptionally desirable for their nature, especially their conditions, and the scope of their application, called for justice, and the promotion of evil and bringing interests to achieve the purposes. The primary purpose and purpose of precautionary measures is private deterrence and not to justice and public deterrence.