"الأحزاب السياسية وحقوقها وموقفها في الشريعة الإسلامية والقانون اللّيبي"دراسة حالية واقعية
This study dealt with the subject of political parties. This study is entitled ‘Political Parties, Their Rights and Position in Islamic Sharia and Libyan Law: A Field and Current Study’. For the past 4 decades the Libyan state has never held elections and political parties also do not exist, so t...
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| Summary: | This study dealt with the subject of political parties. This study is entitled ‘Political
Parties, Their Rights and Position in Islamic Sharia and Libyan Law: A Field and
Current Study’. For the past 4 decades the Libyan state has never held elections and
political parties also do not exist, so the understanding of political rights in Islam is
different from the concept of politics found in Libyan law. But after the revolution of
February 17, 2011, many drastic changes took place. The problem of the study is to
identify the extent of the legitimacy of political parties according to Islamic law and
Libyan law and to identify whether the political freedom guarantees each party gets
their rights, especially in a situation where Libya previously practiced the concept of
one party. Libya only recognized the concept of multi-party through the proclamation
of the constitution on 3-8-2011. In the declaration, several rights of political parties have
been stated, especially the right to form a party and the freedom of multiple parties, with
the main condition that a party must not be in conflict with Islamic principles. The
objective of this study is to identify whether the right to establish political parties
granted by the government guarantees the rights of these political parties to move or
not? And also aims to find out the obstacles that prevent political parties from exercising
their rights. This study uses a descriptive historical and analytical approach as well as
inference to track the emergence of political parties and their rights, analyse legal text
in Islamic Jurisprudence and laws and explain the position of political parties in Islamic
sharia and Libyan law, then provide commentary and interpretation. The results of the
study found that the establishment of a political party should not only be legal from the
point of view of Islamic law, but it also becomes a ‘fardh kifayah’, especially from the
aspect of achieving benefits and rejecting harm and guaranteeing the completion of
Islamic purposes to the people and ummah. Thus, the establishment of political parties
in Libya is in principle not in conflict with Islamic law. However, the findings show
that the permission to establish a political party still does not guarantee the freedom of
political parties to exercise their rights as enshrined. Thus, researchers suggest that these
constraints should be removed, the government should also take into account the sociopolitical
changes of the country and clearly explain the principles of Islamic law that
allow the establishment of political parties and preserve its rights in Libya. The
government needs to give legal guarantees to political parties the right to establish and
the freedom to exercise their rights in accordance with the law in forming a democratic
state. |
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