الاستبداد السياسي ودور الشريعة والقانون في مواجهته دراسة حالة ليبيا
Libya is presently experiencing several crises, the foremost of which is political. Since Gaddafi’s assumption of power, his 24-year reign—from 9191 until the 4199 revolution which resulted in his overthrow—has caused the state to live in a chaotic political reality for the principal reason of...
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| Summary: | Libya is presently experiencing several crises, the foremost of which is political. Since
Gaddafi’s assumption of power, his 24-year reign—from 9191 until the 4199
revolution which resulted in his overthrow—has caused the state to live in a chaotic
political reality for the principal reason of political tyranny. The endeavors of certain
local parties from within and without the state to transform the situation, to propose
solutions for the successive crises, or to end the chaotic political floundering, have
been met with the governing authority’s repudiation in one side and by its quelling in
another. After the 4199 revolution, the attempts of certain parties to build a
constitutional political system based on the principles of modern political systems to
deter the return of tyranny and to establish a political life wherein all of its forces can
interact have been unsuccessful due to the struggle for power and inability to find an
integrated vision to end the current conflict. This study concerns the possibility of
addressing the research problem through a plan that seeks to counter tyranny in Libya
according to Shariah and law. By focusing on the fundamental principles and values
of the Islamic system of government and principles of modern political systems, it is
possible to form a new political system that can counter tyranny and ensure its doors
remain closed. The study attempts to accomplish this through an analytical study on
these principles and how to apply them, along with safeguards and sound mechanisms,
on the current reality to address the issue. This study linked the current reality with
past illegally assumed reigns in the state. It employed the inductive approach to
resolve the issue, as during the three ruling terms (King Idris, Gaddafi, successive
governments post-4199 revolution) in Libya, its people have never played a
meaningful role in electing the governing authorities; rather, they have been imposed
upon them. The approach was carried out by engaging with historical sources, seeking
for information relevant to the subject at hand, in addition to drawing on the benefits
that it offers in interpreting realities. The study also adopted the analytical-descriptive
approach: the researcher described the reality concerning the subject at hand and
analyzed the factors underlying the research problem to produce an appropriate
solution. Observation (observation of reality) is an effective instrument to understand
reality and to interpret the political developments in Libya. These were carried out to
generate truer generalizations and to present ideas and conclusions that will be critical
for the research. The study concluded the imperativeness of countering tyranny
through the integration of Shariah and law—each should complement the other—and
proposing real safeguards and mechanisms, especially amidst the current power
struggle. The Islamic safeguards against tyranny are effective, as the legitimacy of
Islamic rule is based on a genuine contract, not hypothetical or symbolic, similar to
the social contract theory. Therefore, the legitimacy of power in Islam is determined
by its commitment to the laws and principles of the Islamic political system. |
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