As soon as Gaddafi, through a military coup d’etat, had seized power in 1969, he made it clear that Islam would be an important source of inspiration for him. He almost immediately banned alcoholic beverages and, from 1971, he introduced legislation laying down that stipulations of interest were null and void. In the same year a committee was set up to prepare the Islamisation of the Libyan legal system. The committee’s activities resulted in four laws with regard to the hard crimes and related offences, enacted between 1972 and 1974.
When you are citing the document, use the following link http://essuir.sumdu.edu.ua/handle/123456789/3386

Turuk, N.V.

SocioEconomic Challenges Journal (Sumy State University)

THE INTRODUCTION OF ISLAMIC CRIMINAL LAW 
IN LIBYA 
N.V. Turuk – Sumy State University, group U – 13 
  S.V. Podolkova – EL Adviser 
 
As soon as Gaddafi, through a military coup d’etat, had 
seized power in 1969, he made it clear that Islam would be an 
important source of inspiration for him. He almost immediately 
banned alcoholic beverages and, from 1971, he introduced legislation 
laying down that stipulations of interest were null and void. In the 
same year a committee was set up to prepare the Islamisation of the 
Libyan legal system. The committee’s activities resulted in four laws 
with regard to the hard crimes and related offences, enacted between 
1972 and 1974. They dealt with theft and robbery (Law 148 of 11 
October 1972); illegal sexual intercourse (Law 70 of 20 October 
1973); unfounded accusations of fornication (Law 52 of 16 
September 1974); and, finally, the drinking of alcoholic beverages 
(Law 89 of 20 November 1974). In 1994 a very brief law (Law 
6/1994, containing only eight sections) ordered the courts to follow 
the classical rules of retaliation and blood money in homicide cases. 
The existing Penal Code was amended to adapt to these new laws, 
but remained further in force. 
The hudud laws essentially follow Malikite doctrine, the 
madhhab prevailing in Libya. The laws also contain provisions based 
on tazir for offences resembling hard crimes, such as those punishing 
minors for committing hard crimes and those penalising the 
production and sale of alcoholic beverages. On four points the laws 
deviate from classical doctrine. First, criminal responsibility begins 
at the age of eighteen and not at puberty as in the classical doctrine. 
Second, a bandit who has not taken property or another person’s life 
is sentenced to imprisonment instead of banishment and a bandit who 
has both killed and plundered is punished with the death penalty only 
and his body is not publicly exposed (crucified) (art. 5, Law 
148/1972). Third, if a person who has already been punished with 
amputation commits a second theft or banditry, he will not be 
sentenced to further amputations but to imprisonment until he 
repents, with a minimum of three years (art. 13, Law 148/1972). 
Fourth, unlawful sexual intercourse is only punished with flogging, 
and not with stoning to death. Here the legislator followed the text of 
K 24:2, which only mentions flogging, and not the classical doctrine. 
In addition the court may impose imprisonment (art. 2, Law 
70/1973). Article 407 was added to the Penal Code, laying down that 
illegal sexual intercourse is also punishable with a maximum of five 
years’ imprisonment. Until 1998 the offence did not have to be 
proven according to the strict rules of evidence of the Shari`a. but 
could be established according to the rules of evidence of the Code 
of Criminal Procedure (art. 10, Law 70/1973). In 1998, the law was 
amended on this issue and required that thenceforth unlawful sexual 
intercourse be proven on the basis of the classical rules, or by any 
other scientific method of proof. Regarding the other hard crimes, the 
laws stipulate that the Islamic rules of evidence are to be followed. 
The new legislation was to be applied by the existing courts, 
and no special tribunals were created. The death penalty and 
amputation may only be carried out after the case has been reviewed 
on appeal (art. 19, Law 148/1972). Judicial amputation must be 
carried out under anaesthesia by a surgeon (art. 21, Law 148/1972). 
Until recently, no sentences of amputation were passed and carried 
out. This was possibly due to the fact that this legislation was to be 
applied by the normal judiciary, trained in Western jurisprudence. 
It would seem that those judges were not very enthusiastic 
about imposing mutilating punishments. However, according to 
disquieting reports of human rights organisations, the first judicial 
amputation occurred on 3 July 2003, when the sentences of four 
robbers to cross-amputation were carried out. 
 
 
 
 
New Technology and Modern World: матеріали VII науково-
практичної студентської конференції лінгвістичного науково-
методичного центру кафедри іноземних мов, м. Суми, 22 травня 
2013 р. / Відп. за вип. Г.І. Литвиненко. - Суми: СумДУ, 2013 


English

The introduction of Islamic criminal law in Libya

Electronic Sumy State University Institutional Repository

THE INTRODUCTION OF ISLAMIC CRIMINAL LAW IN LIBYA N.V. Turuk – Sumy State University, group U – 13   S.V. Podolkova – EL Adviser  As soon as Gaddafi, through a military coup d’etat, had seized power in 1969, he made it clear that Islam would be an important source of inspiration for him. He almost immediately banned alcoholic beverages and, from 1971, he introduced legislation laying down that stipulations of interest were null and void. In the same year a committee was set up to prepare the Islamisation of the Libyan legal system. The committee’s activities resulted in four laws with regard to the hard crimes and related offences, enacted between 1972 and 1974. They dealt with theft and robbery (Law 148 of 11 October 1972); illegal sexual intercourse (Law 70 of 20 October 1973); unfounded accusations of fornication (Law 52 of 16 September 1974); and, finally, the drinking of alcoholic beverages (Law 89 of 20 November 1974). In 1994 a very brief law (Law 6/1994, containing only eight sections) ordered the courts to follow the classical rules of retaliation and blood money in homicide cases. The existing Penal Code was amended to adapt to these new laws, but remained further in force. The hudud laws essentially follow Malikite doctrine, the madhhab prevailing in Libya. The laws also contain provisions based on tazir for offences resembling hard crimes, such as those punishing minors for committing hard crimes and those penalising the production and sale of alcoholic beverages. On four points the laws deviate from classical doctrine. First, criminal responsibility begins at the age of eighteen and not at puberty as in the classical doctrine. Second, a bandit who has not taken property or another person’s life is sentenced to imprisonment instead of banishment and a bandit who has both killed and plundered is punished with the death penalty only and his body is not publicly exposed (crucified) (art. 5, Law 148/1972). Third, if a person who has already been punished with amputation commits a second theft or banditry, he will not be sentenced to further amputations but to imprisonment until he repents, with a minimum of three years (art. 13, Law 148/1972). Fourth, unlawful sexual intercourse is only punished with flogging, and not with stoning to death. Here the legislator followed the text of K 24:2, which only mentions flogging, and not the classical doctrine. In addition the court may impose imprisonment (art. 2, Law 70/1973). Article 407 was added to the Penal Code, laying down that illegal sexual intercourse is also punishable with a maximum of five years’ imprisonment. Until 1998 the offence did not have to be proven according to the strict rules of evidence of the Shari`a. but could be established according to the rules of evidence of the Code of Criminal Procedure (art. 10, Law 70/1973). In 1998, the law was amended on this issue and required that thenceforth unlawful sexual intercourse be proven on the basis of the classical rules, or by any other scientific method of proof. Regarding the other hard crimes, the laws stipulate that the Islamic rules of evidence are to be followed. The new legislation was to be applied by the existing courts, and no special tribunals were created. The death penalty and amputation may only be carried out after the case has been reviewed on appeal (art. 19, Law 148/1972). Judicial amputation must be carried out under anaesthesia by a surgeon (art. 21, Law 148/1972). Until recently, no sentences of amputation were passed and carried out. This was possibly due to the fact that this legislation was to be applied by the normal judiciary, trained in Western jurisprudence. It would seem that those judges were not very enthusiastic about imposing mutilating punishments. However, according to disquieting reports of human rights organisations, the first judicial amputation occurred on 3 July 2003, when the sentences of four robbers to cross-amputation were carried out.     New Technology and Modern World: матеріали VII науково-практичної студентської конференції лінгвістичного науково-методичного центру кафедри іноземних мов, м. Суми, 22 травня 2013 р. / Відп. за вип. Г.І. Литвиненко. - Суми: СумДУ, 2013 

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The introduction of Islamic criminal law in Libya

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SocioEconomic Challenges Journal (Sumy State University)

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