"حقوق الإنسان السياسية" بين الإسلام والإعلانات الدولية دراسة مقارنة وتطبيقية على القوانين والتشريعات الليبية من سنة 1951-2008
This study deals the issue of the political human rights in Islam and international declarations, in terms of comparisons and applications on the Libyan Legislations and Laws, during the period from 1951 to 2008. The problem of the research is highlighted by answering some questions that emanate fro...
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| Summary: | This study deals the issue of the political human rights in Islam and international declarations, in terms of comparisons and applications on the Libyan Legislations and Laws, during the period from 1951 to 2008. The problem of the research is highlighted by answering some questions that emanate from the main question of the study, that what is the philosophical rooting for political rights in Islam and international convenants? Other questions subdivide this question, including the conceptual framework through which human rights in general and political rights in particular, can be understood and identified? Is there any possibility of rooting for some political rights in Islam through the Quran and Sunnah? What are the legal provisions contained in the international declarations and covenants? What are the philosophical references and general characteristics of each through the comparisons? Is there any influence on the Libyan Laws and Legislations by the provisions stated in the texts of both sides since 1951 until 2008? The main objective of the study is an attempt to reach to a specific and clear definition of political rights and clarification of its characteristics, highlighting the Islamic roots of political rights from the perspective of the Qur'an and Sunnah. To display and analyze the most important legal provisions contained in the international declarations and covenants, the comparisons between the two in terms of philosophical references and characteristics. To keep track of political rights in Libyan laws and legislations. The study has depended on several types of methodologies; the most important is the historical approach, for the need to demonstrate the roots of thoughts about political rights. The comparative approach, which is used to illustrate the difference between political rights in Islam and the international covenants, and finally, the analytical approach for eliciting the statements related to political rights in the texts of the Qur'an and Sunnah. The study reached to a number of results, the most important is that Islam has guaranteed political rights, based on the Islamic philosophical principle of nature (Fitrah) with which Allah (SWT) created human beings. The formulations stated in the international declarations emerged as a reflection of the Western philosophical legacy and writings of Western thinkers. As well, political rights in the Libyan Laws and Legislation starting with the Constitution of Cyrenaica 1949 until the year 2008 were likely theoretical more than actual practices. |
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