Al-Mukhtar Journal of Legal Sciences is an open-access journal published by Omar Al-Mukhtar University. The journal aims and Scope publishing research in all fields of Legal Sciences.
Copyright of the articles Published by Al-Mukhtar Journal of Legal Science (MJLs) is retained by the author(s), who grant MJLs a license to publish the article. Authors also grant any third party the right to use the article freely as long as its integrity is maintained and its original authors and cite MJLs as the original publisher. Also, they accept the article remains published by the MJLs website (except in the occasion of a retraction of the article).
Procedures and Controls for Collecting Criminal Evidence in Islamic Criminal Law
The procedures for collecting criminal evidence in Islamic criminal law consist of four steps: going to the scene for inspection, searching for arrest, investigation and surveillance, and interrogation. Each step has its own legal controls
Copyright (c) 2026 mohammed salim (Author) https://creativecommons.org/licenses/by-nc/4.0
The Legal Status of an Employee During the Probationary Period In Libyan Law (A Comparative Study)
Abstract: The newly appointed employee is required to undergo a probationary period to measure his competence and commitment to the job duties, starting from his actual practice of the job and not from the date of appointment, and he is subject to the direct supervision of the administrative authority and its discretionary power to confirm him in the job or dispense with his services and dismiss him without the disciplinary way in order to achieve the public interest and the regular and continuous operation of the public facility.
Copyright (c) 2026 abdalla abdalrahim (Author) https://creativecommons.org/licenses/by-nc/4.0
The Role of the Forensic Accountant Before the Civil Judiciary
This study aims to investigate the importance of forensic accounting in resolving civil disputes of a financial nature fairly before the civil judiciary. The study adopted the descriptive and analytical approach in presenting and analyzing data and drawing conclusions, in order to demonstrate the importance of the role of forensic accounting in combating fraud and deception and achieving justice in society. In light of these results, some conclusions were drawn, the most important of which was the importance of the role that forensic accounting plays in supporting judicial investigations and judges’ rulings. Based on these results, we came up with several suggestions and recommendations to determine its status and role in resolving civil disputes of a financial nature fairly, and the extent to which its requirements are available and ways to develop it, as a contribution from us to developing the status and importance of this vital field in Libya.
Copyright (c) 2026 amdallah mohammed (Author) https://creativecommons.org/licenses/by-nc/4.0
Electronic Blackmail and Its Legal Ruling
Cyber ​​blackmail is threatening a person with publishing private information about him, or pictures or videos of him, or any personal data via electronic means, with the aim of forcing him to do something or refrain from doing it, or obtaining a material or moral benefit from him, or achieving an illegitimate interest. This blackmail in all its forms is forbidden by Sharia, because it falls under the category of assaulting others, defaming them, and violating their rights. It may also involve unlawfully consuming their money, and for this reason it is punishable by Sharia, according to the crimes that result from it, whether as a prescribed punishment, retaliation, or discretionary punishment.
Copyright (c) 2026 saad alabbar, amina alfakhri (Author) https://creativecommons.org/licenses/by-nc/4.0
The Impact Of Sharia Objectives On Zakat And WAQF Banks And The Extent Of Their Application In Libyan Law (Defects And Violations)
The study included the concepts of objectives and zakat, the intent of Islamic law in imposing zakat, and its benefits. This was followed by a study of Law No. (13) of 1997 and its 1998 implementing regulations concerning zakat, and Law No. (124) of 1972 concerning the provisions of waqf (defects and violations). The study concluded with findings and recommendations.
Copyright (c) 2026 salim adrees (Author) https://creativecommons.org/licenses/by-nc/4.0
Treating The Dispositions of a Suicidal Individual as Analogous to Those of a Terminally Ill Patient: A Comparative Jurisprudential Study
The study concludes that the rationale behind restricting the dispositions of a terminally ill patient is not the physical illness itself, but rather its attendant consequences, which raise the suspicion of deliberate intent to harm heirs or creditors. Based on this shared rationale, the dispositions of a suicidal individual can be analogized to those of a terminally ill patient due to the unity of the underlying cause.
Copyright (c) 2026 abdullah almeesawi (Author) https://creativecommons.org/licenses/by-nc/4.0
The Impact of the Principle of Legality On the Authority to Determine and Assess Punishment in The Law of Qisas and Diyya.
This topic addresses the reading and analysis of some texts related to the crime of intentional murder in Libyan legislation, in terms of the powers and functions of both the legislator and the judge, within the framework of the principle of criminal legality. It also critiques the stance of the Libyan legislator regarding what has been established in the legislations issued concerning the crime of intentional murder and the prescribed penalties, as well as the role assigned to or entrusted to the judge in sentencing based on discretionary authority under both the Law of Qisas and Diyya and the Penal Code.
Copyright (c) 2025 Abobakr Alsharf (Author) https://creativecommons.org/licenses/by-nc/4.0
Constitutional Declarations and the Motives Behind Their Issuance: A Comparative Analytical Study
This research addresses the topic of constitutional declarations as a form of constitutional legitimacy that states resort to during transitional phases to address constitutional vacuums and temporarily regulate public authorities. Therefore, this research aims to clarify the concept of constitutional declarations, explain their characteristics, and analyze their legal nature within the context of ongoing scholarly debate surrounding their classification. Furthermore, the research seeks to uncover the motivations behind issuing these declarations, employing a comparative analytical approach that examines relevant texts and scholarly opinions
Copyright (c) 2025 Almuetasim Amghounin, Ezeddin Mohamed (Author) https://creativecommons.org/licenses/by-nc/4.0
Libyan Constitutional Court Oversight of Constitutional Amendments
It has become accepted that there is oversight of the constitutionality of laws and regulations, even in the absence of regulation of them. The question arose as to the extent to which there is oversight of constitutional amendments in the absence of an explicit provision for them, and about the aspects of oversight of this amendment. By reviewing the Libyan Constitutional Declaration issued in 2011, and judicial precedents, the study concluded that the Libyan Constitutional Court has jurisdiction to oversee constitutional amendments, whenever the aspect of the violation is related to form or jurisdiction.
Copyright (c) 2025 Thuraya Adim (Author) https://creativecommons.org/licenses/by-nc/4.0
The Crime of Financial Abandonment of the Family in Libyan and Comparative Criminal Law
Both Libyan, Egyptian, and French legislation has focused on providing necessary criminal protection for the family by criminalizing the act of physical abandonment. Given the nature of our work in the judiciary, we have noticed the frequency with which wives appear in court and file complaints against their husbands for mistreatment and failure to provide financial support. The real problem with this issue lies in the fact that these acts may not appear in accurate statistics due to the specific nature of the place where they are committed and its influence by the culture of the society, or due to the wife's or children's fear of the consequences of reporting them. This apprehension becomes apparent in practice when criminal penalties are imposed on those obligated to provide financial support, which often leads to family disintegration because social norms inherently reject such a path. This necessitates a review of these criminal provisions to achieve optimal protection for the family.
Copyright (c) 2025 Aljaly Abdulsalam (Author) https://creativecommons.org/licenses/by-nc/4.0
The Principle of the Right to Self-Determination for Minorities and Its Impact On the Principle of National Sovereignty and Territorial Integrity
The research explores the principle of the right to self – determination of minorities and its direct and principle of national sovereignty. As one of the most debated principles in international law, the right to self – determination has been enshrined in the UN Charter and international covenants as a fundamental right of peoples However, its application to minorities within independent states raises complex challenges concerning territorial integrity and state sovereignty. The study aims to analyze the legal framework of this principle, review international experiences, and explore the balance between the right to self – determination and the principle of national sovereignty in light of contemporary international law
Copyright (c) 2025 Salah Almograby (Author) https://creativecommons.org/licenses/by-nc/4.0
Contracting Via an Automated Electronic Agent
The term "automated electronic agent" is a modern term that has emerged as a result of technological and scientific development, as it has become possible to contract through the automated agent in the digital environment without any human intervention. This is considered a departure from the traditional rules of contracts, due to its independence, speed, and accuracy in concluding contracts, which has made it the subject of attention of national and international legislation. This calls for studying the nature of the automated agent, clarifying its legal nature, and determining its legal responsibility when it breaches its obligations.
Copyright (c) 2025 Samira Elsawi, Alnaji Younus (Author) https://creativecommons.org/licenses/by-nc/4.0
The Presumed Nature of Intent to Traffic in Libyan Narcotics and Psychotropic Substances Law
This study provides an in-depth analysis of the legislative transformation introduced into the Libyan Narcotics Law under Law No. (23) of 1369, which added Article (35 bis). The new provision establishes a legal presumption of intent to traffic upon proof of possession or any of the material acts specified therein, thereby shifting the burden of proving the contrary to the defendant. It further traces its historical development and explores the underlying justifications for adopting such presumptions, including overcoming legislative rigidity, facilitating proof, and addressing emerging and organized crimes. The study concludes that the presumption established in Article (35 bis) constitutes a rebuttable legal presumption, rather than an irrebuttable one, thus allowing the accused a lawful opportunity to refute it. It does not, however, negate the discretionary power of the judge in forming his or her personal conviction based on the totality of evidence presented.
Copyright (c) 2025 Alhasan Abdalrahman, faraj altayib, Izdihar Irhela (Author) https://creativecommons.org/licenses/by-nc/4.0
The Evolution of Good Faith, From a Principle of Civil Law to a General Principle of Law: "A Study of Developments in Comparative Law"
The principle of good faith is a cornerstone of modern legal theory, having developed from a moral expectation into a binding legal standard that shapes numerous areas of law. Many legal systems, especially the French Civil Code, explicitly require that contracts be performed in good faith, while judicial practice has progressively broadened this duty into a general principle governing the behavior of individuals and institutions in all legal relationships. This study analyzes the legislative and judicial evolution of good faith across comparative legal systems, with particular attention to its role in French civil, public, and criminal law. It shows how the principle expanded from a contractual obligation to a comprehensive standard incorporating duties of information, guarantee, loyalty, and cooperation. The research also examines the interaction between good faith and other legal principles, such as freedom of contract, emphasizing the need to balance these norms to maintain fairness and stability in legal transactions.
Copyright (c) 2025 Abobaker Benyahmed (Author) https://creativecommons.org/licenses/by-nc/4.0
The Legal Frame of the Right to Recover On Cheque Paid by Mistake - A Comparative Study
This research study addressed the legal framework for claiming the amount of a cheque that was paid in case of mistake. It aimed to clarify the mechanisms through which the bank can seek restitution from the beneficiary and demand the return of the financial amount received based on the cheque paid by mistake. The focus was on the trends in jurisprudence and judiciary regarding cases of mistake that allow the bank to claim the use of the amount of the cheque, as well as the necessary conditions for filing a recovery lawsuit through which the drawee bank reclaims the amount from the beneficiary who mistakenly received the amount of the cheque. The researcher has adopted a critical comparative methodology in this investigation. Recovering a cheque that was paid by mistake was the main focus of the analysis.
Copyright (c) 2025 Imhimad Abdalhamid (Author) https://creativecommons.org/licenses/by-nc/4.0
Reflections on Combating Corruption Crimes at the International Level
Combating corruption is essentially an international process reflected in legislation at the national level. Therefore, this research contribution attempts to provide a panoramic picture of the concept of corruption at the international level and the efforts related to combating it in this field. Researching the origins of things is the best way to understand them, identify the objectives they have, and know specifically what we want to gain from joining international arsenals related to combating corruption. Do we need to adopt all these international arrangements in order to prevent and prosecute corruption crimes? This raises a fundamental problem in the possibility of borrowing these efforts by countries that have never known a true democratic life. Will borrowing these arrangements bear fruit and will they be useful, or is it simply a matter of adopting international arrangements like this without understanding them or even digesting them before borrowing them?
Copyright (c) 2025 kamal hassan, Mashaallah Alzwae, Adel Dalaf (Author) https://creativecommons.org/licenses/by-nc/4.0
Formal and Substantive Controls of the Financial Leasing Contract and The Effect of Invalidity in Its Complex Nature
This research examines the financial leasing contract as a complex contract involving complex financial and legal elements, combining the characteristics of leasing, ownership, and financing. This makes it an effective tool for supporting investment and enabling beneficiaries to benefit from assets without the need for immediate ownership. The study focused on the formal and substantive conditions necessary for the conclusion of this contract, such as the necessity of writing as a legal requirement and the availability of the essential elements of contracts, including consent, subject matter, and cause. The research also addressed the issue of invalidity resulting from breaching these conditions and the resulting legal consequences. The research relied on Law No. 15-2010 on financial leasing, which came to frame this type of contract in a comprehensive legal manner, clarifying its limits and conditions of validity, thus achieving balance and protecting the stability of financial transactions.
Copyright (c) 2025 Alnaji Younus, Rabeea Mohammed (Author) https://creativecommons.org/licenses/by-nc/4.0
Implementation of The Judgment Issued to Cancel the Administrative Decision Due to Illegality (A Comparative Study)
The research addressed the issue of implementing the annulment ruling, using a comparative approach that combined the Libyan and Egyptian systems. It concluded that the administrative judiciary is well-established in that the jurisdiction of the administrative judge in an annulment suit is limited to annulling the unlawful decision, and does not extend to replacing the administration, issuing orders to it, or obligating it to implement the ruling in a specific manner. The administration's obligation to implement annulment rulings is subject to judicial oversight exercised by the courts. The Libyan system has been greatly influenced by the Egyptian system, in confronting the administration's refusal to implement annulment rulings. The research's most important recommendations are embodied in the call for the Libyan legislator to stipulate that the administrative judiciary must communicate with the administration regarding the implementation of administrative annulment ruling.
Copyright (c) 2025 osama haweel, Rabbea Fathullah (Author) https://creativecommons.org/licenses/by-nc/4.0
Evaluation of The Objective Criminal Policy of Law No. (6) Of 2024 Regarding The Criminalization of Witchcraft, Sorcery, Divination and its equivalents
This study provides a critical assessment of Libyan Law No. (6) of 2024 criminalizing witchcraft, suggesting it needs serious review. The study demonstrates the ambiguity of the protected legal interest, the text's lack of precise definitions of the terms "witchcraft," "sorcery," and "divination," its failure to differentiate between gratuitous and profitable activities. Nevertheless, the study acknowledges some positive aspects of the legislation, including the criminalization of preparatory acts, attempts to dry up the sources of crime, and strengthen the protection of religious and social values. It concludes that a comprehensive reformulation of the law is necessary, graduated and humane penalties, and judicial review mechanisms to achieve a sound balance between protecting public order and safeguarding fundamental rights and freedoms.
Copyright (c) 2025 Jazeeh Shayteer (Author) https://creativecommons.org/licenses/by-nc/4.0
The Authority of Establishment and Constitution-Making: An In-Depth Study in Light of Public Law Jurisprudence
The constituent authority enjoys broad powers when drafting a new constitution. It can abandon an existing political system and adopt the economic approach it deems appropriate for society. The original constituent authority is extralegal in nature, which explains why it is not subject to any legal basis, given that it is established during periods of legal vacuum. Despite the spread of democratic ideas in the modern era, which advocate that sovereignty resides in the people or the nation, the truth of the ideas put forward regarding the definition of the holder of constituent authority cannot be denied and cannot be refuted in practice. This means that the constituent authority is not restricted to these methods. In other words, it is possible to use any of these methods, or it is possible to combine them, or to use a description that has not been used before
Copyright (c) 2025 Mhmod Aead, Ezeddin Mohamed (Author) https://creativecommons.org/licenses/by-nc/4.0
The Right of Victims of Natural Disasters to Receive Humanitarian Assistance in Light of Public International Law
Providing humanitarian assistance in the event of natural disasters is a fundamental right for the victims of these disasters، and a necessary duty that requires providing everything necessary to confront them and address the effects that the state finds difficult to address alone، regardless of its capabilities. The right to receive humanitarian assistance is closely linked to other human rights، and its recognition is a result of the implementation of these rights، as it represents the basic guarantee for the enjoyment of human rights in the event of crises and disasters. Given the urgent need to obtain assistance resulting from this exceptional circumstance، and to ensure that the provision of humanitarian assistance in the event of natural disasters does not affect the sovereignty and territorial integrity of the affected state، the provision of humanitarian assistance is regulated by a set of principles that must be adhered to while performing this humanitarian duty.
Copyright (c) 2025 Nouria Almagrif (Author) https://creativecommons.org/licenses/by-nc/4.0
The Ruling On Marriage with The Intention of Divorce (A Jurisprudential Study)
This study included the concept of legitimate marriage that is in accordance with the intent of the Lawgiver from marriage, and the difference between it and similar corrupt marriages, such as temporary marriage and tahlil marriage, and clarified the evidence and sayings of the predecessors on that. This study also dealt with the essence of its subject, which is marriage with the intention of divorce, in terms of: the concept, the ruling, and the sayings and fatwas of the scholars of the predecessors and successors on this marriage, and indicated the opinion that the soul is reassured by and the heart is inclined towards, and is based on strong arguments that are based in their origin on the evidence of the Qur’an and Sunnah, and the objectives of the Lawgiver in legislating marriage. In conclusion, this study dealt with the most important results and recommendations that the researcher reached.
Copyright (c) 2025 salim adrees (Author) https://creativecommons.org/licenses/by-nc/4.0
The Legal System for The Promotion of University Faculty Members in Libya: A Critical Analytical Look
This is a critical analytical study of the legal system for the promotion of faculty members in Libyan universities. It examines both the texts and the practical reality, by presenting the general foundations of their promotion system, according to a research plan based on three chapters. The first presents the nature and characteristics of the promotion of university faculty members. The second is devoted to examining the procedural processing of promotion requests. The third addresses the conditions and requirements for applying for promotion and processing them. The research concludes that the entire legal system for the promotion of university faculty members must be reviewed. It must also adopt an electronic submission system when requesting promotion. It must also reconsider the composition of the Faculty Affairs Committee, encourage publication in university journals, adopt a points system in evaluating research, and create a suitable research environment in Libyan universities.
Copyright (c) 2025 saad alabbar (Author) https://creativecommons.org/licenses/by-nc/4.0
Provisions of Air Carrier Liability in Libyan Law and International Treaties
When regulating air transport regulations, national legislation and international agreements have sought to outline the legal provisions governing the air carrier's liability for accidents. This is done with the aim of providing fair protection for the victims of such accidents and ensuring their right to compensation commensurate with the extent of the damages they incur. This study addresses the legal regulation of air carrier liability in both domestic and international transport. It outlines its legal basis and scope, as one of the most important issues raised regarding air carrier liability. This study, in light of the issues, identifies the circumstances in which the carrier may be exempted from liability. It also demonstrates the extent to which the legislator has been able to strike a balance between the interests of carriers on the one hand and those affected by the incident on the other.
Copyright (c) 2025 abeer abdella (Author) https://creativecommons.org/licenses/by-nc/4.0
General Provisions for Committees Emanating from The Bank's Board of Directors
Given the complexity of banks' activities and the scale of their relationships and transactions, this has placed additional challenges on bank boards of directors. The banking governance codes, followed by many legislators and central banks, recommend the creation of several specialized committees in specific areas, such as auditing, risk management, remuneration assessment, and governance, attached to the Board of Directors. These committees are tasked with organizing and facilitating the work of these boards, improving their efficiency, transparency, and compliance with governance principles.
Copyright (c) 2025 Walid Dardour (Author) https://creativecommons.org/licenses/by-nc/4.0
Legal and Criminal Confrontation of Usurious Transactions
This study deals with the confrontation methods of Islamic Sharia and criminal law of usurious transactions, which have increased significantly and are noticeable in recent times, and the reason is due to the financial liquidity crisis resulting from the collapse of the political power and economic structure of the Libyan state, so that people are forced to borrow regardless of the value of the interest imposed on them. Be that as it may, the research needed to deal with this question in both its religious and legal aspects, in order to show the characteristics of the approach of each of them to limit or prevent usurious transactions. How has Islamic Sharia dealt with this issue, and what is its approach to it, and how has our punitive law dealt with it, and does it agree with Sharia rulings in this regard? And we concluded that the Libyan legislature did not criminalize all forms of usurious transactions, but rather limited them to some of them. It has also failed to follow up on the criminalization of the new forms of these and the usurious tricks that have appeared, the purpose of which is to show the transaction in a legitimate form, which is the opposite.
Copyright (c) 2024 Saad Alabbar, Alhasan Abdalrahman (Author) https://creativecommons.org/licenses/by-nc/4.0
The Legal System of the Annulment of Arbitral Award a Comparative and Analytical Study
Arbitration is highlighted as a preferred method for dispute resolution due to its speed, low costs, confidentiality, the continuation of relationships between parties, avoiding the constraints and complex procedures of the judiciary. This does not mean neglecting disputes and the resulting arbitral awards, nor excluding judicial review. Arbitration procedures may be flawed or erroneous due to the arbitrators, leading to a defective award, necessitating an authority to restore order. Therefore, it is essential to subject the arbitral award to judicial review to ensure its correctness. This review is partially embodied in the annulment lawsuit, which is the subject of this paper.
Copyright (c) 2024 masoud masoud (Author) https://creativecommons.org/licenses/by-nc/4.0
The Impact of Sharia Policy On Libyan Legislation in Combating Corruption Crimes
The goal of this study is to explain what islam had come of guarantees which constiutes community from corruption، and to find-out the precautionary measures which the islamic legislative performed ، inorder to put an end to the phenomenon of corruption and not to obey what god oredred with ، and to abandoning islamic values ​​such as integrity، honesty، truthfulness، justice and transparency, begenning from the protection methods from corruption which is represented in reforming the creed and intensifying the discourse of encouragement for integrity and intimidation from corruption and its consequences، in addition to legislating penalties and holding accountable anyone who commits the crime، whether in libyan criminal legislation or in the system of oversight bodies specialized in combating corruption in libya ، and the range of texts compatibility in the libyan legislation to coincide with the islamic legislation rules . and explaining the similarities and differences between themin combatig corruption crimes which it is eating away at the body of the nation and is getting worse until it has reached critical levels، where society is threatened with collapse.
Copyright (c) 2024 musab hassan, Saad Al-Sayaaf (Author) https://creativecommons.org/licenses/by-nc/4.0
Foreseeability as an Element of Fundamental Breach Under the Un Convention On Contracts for The International Sale of Goods - 1980
The aim of this study is to address two daunting problems. The first problem is identifying the concept of foreseeability, and the second daunting problem is identifying the importance and the time requirement of foreseeability. This study will be relied on both analytical and critical methods. The core of the analysis will be on the prospective of the UN Convention-1980 for foreseeability, as an element of fundamental breach in international sale of goods.
Copyright (c) 2024 imhimad abdalhamid (Author) https://creativecommons.org/licenses/by-nc/4.0
The Defect of Form in Administrative Decisions and Its Applications in the Yemeni Judiciary (A Comparative Study)
The defect in form is one of the reasons for canceling an administrative decision. This defect appears when administrative authorities violate or ignore the formal rules required by the law when issuing administrative decisions. The rule is that the administration is not obligated to follow a certain form in expressing its will, unless the law imposes a certain form on the administration. Therefore, the administrative judiciary distinguishes between essential formalities and secondary formalities, and bases the invalidity of the administrative decision on the first rather than the second. The Yemeni judiciary has adopted the standards developed by jurisprudence and administrative judiciary to distinguish between the two types of formalities. We hope that this research will address the most important legal formal aspects that the administration must take into account when issuing its decisions, especially those that affect the rights and freedoms of individuals and employees, with a focus on the rulings of the Yemeni and comparative judiciary in this regard.
Copyright (c) 2024 Moteaa A. H. Gabir (Author) https://creativecommons.org/licenses/by-nc/4.0