Sharia Hisba and public lawsuit: An original study comparing Sharia and Libyan law

  • Salem Salem Juber School of Sharia, University of Jordan, Amman, Jordan
  • Muhammad Awad Saker, Dr. School of Sharia, University of Jordan, Amman, Jordan

Abstract

The Sharia Hisba is an integrated Islamic system of pillars and construction whose theme is enjoining good and forbidding evil, and aims at stabilizing societies and the supremacy of virtue and high morals in it, and rejecting vice and bad morals from it.


The legal public prosecution system is an accusatory system that seeks to safeguard the right of the state and the right of the individual to the public order to ensure a society free from apparent crimes, and a regular picture of the state and individuals is formed in a coherent body without chaos.


The Hisba system is a symbiotic social system that moves through the community’s control of the community, while the public case system and its tools from the Public Prosecution and other institutions is a deterrent institutional system that moves in the light of the law and deals in accordance with its principles and limits.

Downloads

Download data is not yet available.

References

The Holy Quran.

Abdel Tawab, Mohamed Sayed, Sharia Defense in Islamic Jurisprudence, The New University House, Alexandria, 1st Edition, 1983.

Al-Arabi, Muhammad Abdullah, Islamic Economics and the Politics of Governance in Islam, Edition 1, C1, 1967.

Al-Basha, Faiza Younes, Explanation of the Libyan Procedural Law, Dar Al-Nahda Al-Arabiya, Tripoli, 1st Edition, 2003 AD.

Al-Bukhari, Sahih Al-Bukhari, House of Arab Thought, Beirut, (d. I).

Al-Mawardi, Abu Al-Hassan Ali bin Muhammad, Al-Ahkam Al-Sultania, Dar Al-Hadith, Cairo, (d. I), (d, t).

Al-Muttaqi al-Hindi, Treasure of the Workers in the Sunnah of Sayings and Deeds, edited by: Bakri Hayani and Safwa Al-Sakka, The Resala Foundation, Beirut, 5th Edition, 1981 AD.

Al-Nawawi, Abu Zakaria Yahya Bin Sharaf, Al-Minhaj Sharh Sahih Muslim Among Al-Hajjaj, House of Revival of Arab Heritage, Beirut, 2nd Edition, 1392 AH.

Al-Qali, Muhammad Mustafa, The Principles of Criminal Investigation Law, Mustafa Al-Babi Al-Halabi Press, Cairo, 1945.

Al-Qurtubi, Muhammad bin Ahmed, Al-Jami 'for the provisions of the Qur’an, verified by: Salem Mustafa Al-Badri, Dar Al-Kutub Al-Ilmiyya, Beirut, 1st Edition, 2000 AD.

Al-Sadah, Abdel Moneim Farag, The Introduction to Legal Sciences, Dar Al-Nahda Al-Arabiya, Cairo, (D. T), (Dr. T).

Al-Tirmidhi, Muhammad Bin Issa, Sunan Al-Tirmidhi, edited by Bashar Awad Maarouf, Dar Al-Gharb Al-Islami, Beirut, 1998.

Fakhr al-Din al-Razi, Omar bin Omar bin al-Hussein, Keys to the Unseen, House of Revival of Arab Heritage, Beirut, 3rd Edition.

Hatata, Muhammad Niazi, Explanation of Criminal Procedures in Libyan Law, Qaryounis University Press, Benghazi, 1st Edition, 1980 AD.

Hosni, Mahmoud Naguib, Public Prosecution and its role in the criminal case, Journal of Government Cases Management, Thirteenth Year, 1969 AD.

Ibn Abd al-Barr, Yusuf bin Abdullah, Preface to the meanings and chain of transmission in al-Muwatta, edited by: Mustafa bin Ahmed al-Alawi and Muhammad bin al-Kabir al-Bakri, edition of the Ministry of Endowments and Islamic Affairs in Morocco.

Ibn Khaldun, Abd al-Rahman Ibn Khaldun, Introduction to Ibn Khaldun, Publisher: Dar al-Kutub al-Ilmiyya, Beirut, 4th Edition, 1978 AD.

Ibn Manzoor, Muhammad Ibn Makram (d. 711), Lisan Al Arab, 1st Edition, Dar Sader, Beirut, 2005 AD.

Ibn Qayyim al-Jawziyyah, Muhammad ibn Abi Bakr, Ruling Methods in Sharia Politics, edited by: Muhammad Hamid al-Fiqi, Dar al-Kutub al-Ilmiyya, Beirut, (d. I), (d. T.).

Ibn Taymiyyah, Ahmad Abd Al-Halim, Hisbah in Islam, edited by: Sayed Muhammad bin Abi Saeed, Dar Al-Kutub Al-Ilmiyyah, Beirut, (d. I), (d. T.).

Muhammad, Awad, General Provisions in the Code of Criminal Procedures in Libyan Legislation, University Library Publications, Al-Zawiya Al-Arabiya, Libya, Part 1, 2nd Edition, 2000 AD.

Muslim, Sahih Muslim, edited by: Muhammad Fouad Abdel-Baqi, House of Revival of Arab Heritage, Beirut.

Salama, Mamoun Muhammad, Criminal Procedures in Libyan Legislation, Libyan University Publications, Faculty of Law, 1st Edition, 1971 AD.

Sorour, Ahmed Fathy, The Fundamentals of Criminal Procedure Law, Dar Al-Nahda Al-Arabiya, Cairo, 2nd Edition, 1970.

Wafi, Ali Abd al-Wahid, Protecting Islam for Souls and Honor, Kuwait Fund for Arab Economic Development, 1983.
Published
2021-01-01
How to Cite
JUBER, Salem Salem; SAKER, Muhammad Awad. Sharia Hisba and public lawsuit: An original study comparing Sharia and Libyan law. Journal of Social Sciences (COES&RJ-JSS), [S.l.], v. 10, n. 1, p. 150.162, jan. 2021. ISSN 2305-9249. Available at: <https://centreofexcellence.net/index.php/JSS/article/view/jss.2021.10.1.150.162>. Date accessed: 15 may 2021. doi: https://doi.org/10.25255/jss.2021.10.1.150.162.
Share |