Al-Mukhtar Journal of Legal Science
type: channel
description: 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.
publisher: Omar Al-Mukhtar University
language: en
publication name: Al-Mukhtar Journal of Legal Science
issn: 3006-6344
copyright: 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).
items: The Impact of the Principle of Legality On the Authority to Determine and Assess Punishment in The Law of Qisas and Diyya.
items: Constitutional Declarations and the Motives Behind Their Issuance: A Comparative Analytical Study
items: Libyan Constitutional Court Oversight of Constitutional Amendments
items: The Crime of Financial Abandonment of the Family in Libyan and Comparative Criminal Law
items: The Principle of the Right to Self-Determination for Minorities and Its Impact On the Principle of National Sovereignty and Territorial Integrity
items: Contracting Via an Automated Electronic Agent
items: The Presumed Nature of Intent to Traffic in Libyan Narcotics and Psychotropic Substances Law
items: The Evolution of Good Faith, From a Principle of Civil Law to a General Principle of Law: "A Study of Developments in Comparative Law"
items: The Legal Frame of the Right to Recover On Cheque Paid by Mistake - A Comparative Study
items: Reflections on Combating Corruption Crimes at the International Level
items: Formal and Substantive Controls of the Financial Leasing Contract and The Effect of Invalidity in Its Complex Nature
items: Implementation of The Judgment Issued to Cancel the Administrative Decision Due to Illegality (A Comparative Study)
items: Evaluation of The Objective Criminal Policy of Law No. (6) Of 2024 Regarding The Criminalization of Witchcraft, Sorcery, Divination and its equivalents
items: The Authority of Establishment and Constitution-Making: An In-Depth Study in Light of Public Law Jurisprudence
items: The Right of Victims of Natural Disasters to Receive Humanitarian Assistance in Light of Public International Law
items: The Ruling On Marriage with The Intention of Divorce (A Jurisprudential Study)
items: The Legal System for The Promotion of University Faculty Members in Libya: A Critical Analytical Look
items: Provisions of Air Carrier Liability in Libyan Law and International Treaties
items: General Provisions for Committees Emanating from The Bank's Board of Directors
items: Legal and Criminal Confrontation of Usurious Transactions
items: The Legal System of the Annulment of Arbitral Award a Comparative and Analytical Study
items: The Impact of Sharia Policy On Libyan Legislation in Combating Corruption Crimes
items: Foreseeability as an Element of Fundamental Breach Under the Un Convention On Contracts for The International Sale of Goods - 1980
items: The Defect of Form in Administrative Decisions and Its Applications in the Yemeni Judiciary (A Comparative Study)
items: The Role of the Tourist Police in Protecting Tourist Security (Protecting Material Heritage as an Example)
items: The Importance of the International Criminal Police Organization in The Field of Combating Terrorism and Its Role in Developing the Rules of International Criminal Law
items: Legal Means of Resolving Disputes Between Heirs, An Applied Study of the Principle of Separation
items: The Crime of Electronic Destruction in Libyan Law (A Comparative Analytical Study)
items: Good Governance and Its Role in Developing the Work of Local Units in Jordan and Libya
items: The Nature of Constitutional Judiciary and The Inevitability of Its Existence

The Impact of the Principle of Legality On the Authority to Determine and Assess Punishment in The Law of Qisas and Diyya.
type: item
description: 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.
subject: Articles
  topic: section
subject: The principle of legality in criminal law
  topic: keywords
subject: the crime of premeditated murder
  topic: keywords
subject: the law of Qisas and Diyya
  topic: keywords
subject: the judge's discretionary power.
  topic: keywords
creator: Abobakr Alsharf
rights: Copyright (c) 2025 Abobakr Alsharf (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-13
publication date: 2026-01-13
doi: 10.54172/zp3e8991

Constitutional Declarations and the Motives Behind Their Issuance: A Comparative Analytical Study
type: item
description: 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
subject: Articles
  topic: section
subject: Constitutional declarations
  topic: keywords
subject: Transitional phase
  topic: keywords
subject: Motives for issuance
  topic: keywords
creator: Almuetasim Amghounin
creator: Ezeddin Mohamed
rights: Copyright (c) 2025 Almuetasim Amghounin, Ezeddin Mohamed (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-13
publication date: 2026-01-13
doi: 10.54172/pvnera59

Libyan Constitutional Court Oversight of Constitutional Amendments
type: item
description: 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.
subject: Articles
  topic: section
subject: Constitution
  topic: keywords
subject: Constitutional review
  topic: keywords
subject: Constitutional amendments.
  topic: keywords
creator: Thuraya Adim
rights: Copyright (c) 2025 Thuraya Adim (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-13
publication date: 2026-01-13
doi: 10.54172/nec32g88

The Crime of Financial Abandonment of the Family in Libyan and Comparative Criminal Law
type: item
description: 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.
subject: Articles
  topic: section
subject: Criminal protection
  topic: keywords
subject: Financial abandonment of the family
  topic: keywords
subject: Spending
  topic: keywords
creator: Aljaly Abdulsalam
rights: Copyright (c) 2025 Aljaly Abdulsalam (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-13
publication date: 2026-01-13
doi: 10.54172/fd9z3368

The Principle of the Right to Self-Determination for Minorities and Its Impact On the Principle of National Sovereignty and Territorial Integrity
type: item
description: 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
subject: Articles
  topic: section
subject: Self-determination
  topic: keywords
subject: National sovereignty
  topic: keywords
subject: Territorial unity
  topic: keywords
creator: Salah Almograby
rights: Copyright (c) 2025 Salah Almograby (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-13
publication date: 2026-01-13
doi: 10.54172/mfwqsq18

Contracting Via an Automated Electronic Agent
type: item
description: 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.
subject: Articles
  topic: section
subject: Electronic agent
  topic: keywords
subject: temporary agent
  topic: keywords
subject: legal personality
  topic: keywords
subject: user
  topic: keywords
subject: civil responsibility
  topic: keywords
creator: Samira Elsawi
creator: Alnaji Younus
rights: Copyright (c) 2025 Samira Elsawi, Alnaji Younus (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-13
publication date: 2026-01-13
doi: 10.54172/yz7avs79

The Presumed Nature of Intent to Traffic in Libyan Narcotics and Psychotropic Substances Law
type: item
description: 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.
subject: Articles
  topic: section
subject: Legal presumption
  topic: keywords
subject: intent to traffic
  topic: keywords
subject: narcotics
  topic: keywords
subject: legal inference
  topic: keywords
subject: criminal evidence
  topic: keywords
subject: criminal law
  topic: keywords
creator: Alhasan Abdalrahman
creator: faraj altayib
creator: Izdihar Irhela
rights: Copyright (c) 2025 Alhasan Abdalrahman, faraj altayib, Izdihar Irhela (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-13
publication date: 2026-01-13
doi: 10.54172/kqxjfb79

The Evolution of Good Faith, From a Principle of Civil Law to a General Principle of Law: "A Study of Developments in Comparative Law"
type: item
description: 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.
subject: Articles
  topic: section
subject: Good faith
  topic: keywords
subject: Freedom of contract
  topic: keywords
subject: Public law
  topic: keywords
subject: Criminal law
  topic: keywords
subject: Obligation of Guarantee
  topic: keywords
subject: Obligation of Loyalty
  topic: keywords
creator: Abobaker Benyahmed
rights: Copyright (c) 2025 Abobaker Benyahmed (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-13
publication date: 2026-01-13
doi: 10.54172/z7b6g863

The Legal Frame of the Right to Recover On Cheque Paid by Mistake - A Comparative Study
type: item
description: 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.
subject: Articles
  topic: section
subject: Restitution Claim
  topic: keywords
subject: Cheques Paid by Mistake
  topic: keywords
subject: Mistake of Fact
  topic: keywords
subject: Mistake of Law
  topic: keywords
creator: Imhimad Abdalhamid
rights: Copyright (c) 2025 Imhimad Abdalhamid (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-13
publication date: 2026-01-13
doi: 10.54172/ywj73779

Reflections on Combating Corruption Crimes at the International Level
type: item
description: 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?
subject: Articles
  topic: section
subject: crime
  topic: keywords
subject: Anti-Corruption
  topic: keywords
subject: international law
  topic: keywords
creator: kamal hassan
creator: Mashaallah Alzwae
creator: Adel Dalaf
rights: Copyright (c) 2025 kamal hassan, Mashaallah Alzwae, Adel Dalaf (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-30
publication date: 2025-06-30
doi: 10.54172/ph4rxs86

Formal and Substantive Controls of the Financial Leasing Contract and The Effect of Invalidity in Its Complex Nature
type: item
description: 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.
subject: Articles
  topic: section
subject: Financial Leasing
  topic: keywords
subject: Conditions
  topic: keywords
subject: Invalidity
  topic: keywords
subject: Reduction
  topic: keywords
creator: Alnaji Younus
creator: Rabeea Mohammed
rights: Copyright (c) 2025 Alnaji Younus, Rabeea Mohammed (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-30
publication date: 2025-06-30
doi: 10.54172/5w3e8436

Implementation of The Judgment Issued to Cancel the Administrative Decision Due to Illegality (A Comparative Study)
type: item
description: 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.
subject: Articles
  topic: section
subject: Execution of the Judgment
  topic: keywords
subject: Administrative Judiciary
  topic: keywords
subject: Annulment Suit
  topic: keywords
creator: osama haweel
creator: Rabbea Fathullah
rights: Copyright (c) 2025 osama haweel, Rabbea Fathullah (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-30
publication date: 2025-06-30
doi: 10.54172/4ygryh29

Evaluation of The Objective Criminal Policy of Law No. (6) Of 2024 Regarding The Criminalization of Witchcraft, Sorcery, Divination and its equivalents
type: item
description: 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.
subject: Articles
  topic: section
subject: Witchcraft
  topic: keywords
subject: Sorcery
  topic: keywords
subject: Divination
  topic: keywords
subject: Self-Interest
  topic: keywords
subject: Criminalization
  topic: keywords
subject: Punishment
  topic: keywords
creator: Jazeeh Shayteer
rights: Copyright (c) 2025 Jazeeh Shayteer (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-30
publication date: 2025-06-30
doi: 10.54172/868zhr49

The Authority of Establishment and Constitution-Making: An In-Depth Study in Light of Public Law Jurisprudence
type: item
description: 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
subject: Articles
  topic: section
subject: Founding Authority
  topic: keywords
subject: Constitution-Making
  topic: keywords
subject: Constitutional Authority
  topic: keywords
creator: Mhmod Aead
creator: Ezeddin Mohamed
rights: Copyright (c) 2025 Mhmod Aead, Ezeddin Mohamed (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-30
publication date: 2025-06-30
doi: 10.54172/dx3tpv07

The Right of Victims of Natural Disasters to Receive Humanitarian Assistance in Light of Public International Law
type: item
description: 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.
subject: Articles
  topic: section
subject: Natural disaster
  topic: keywords
subject: humanitarian assistance
  topic: keywords
subject: relief
  topic: keywords
subject: international cooperation
  topic: keywords
creator: Nouria Almagrif
rights: Copyright (c) 2025 Nouria Almagrif (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-30
publication date: 2025-06-30
doi: 10.54172/s14c3f12

The Ruling On Marriage with The Intention of Divorce (A Jurisprudential Study)
type: item
description: 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.
subject: Articles
  topic: section
subject: A Marriage that has No Permanence
  topic: keywords
subject: No Stability
  topic: keywords
subject: No Affection
  topic: keywords
subject: and no Peace
  topic: keywords
creator: salim adrees
rights: Copyright (c) 2025 salim adrees (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-30
publication date: 2025-06-30
doi: 10.54172/vkcmej02

The Legal System for The Promotion of University Faculty Members in Libya: A Critical Analytical Look
type: item
description: 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.
subject: Articles
  topic: section
subject: Promotion
  topic: keywords
subject: University Faculty Members
  topic: keywords
subject: Faculty Affairs Committee
  topic: keywords
subject: Promotion Application
  topic: keywords
subject: Promotion Procedures
  topic: keywords
creator: saad alabbar
rights: Copyright (c) 2025 saad alabbar (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-30
publication date: 2025-06-30
doi: 10.54172/b4v76b98

Provisions of Air Carrier Liability in Libyan Law and International Treaties
type: item
description: 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.
subject: Articles
  topic: section
subject: Air Transport
  topic: keywords
subject: Contractual Liability
  topic: keywords
subject: Accidents
  topic: keywords
subject: Fault
  topic: keywords
subject: Damage
  topic: keywords
creator: abeer abdella
rights: Copyright (c) 2025 abeer abdella (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-30
publication date: 2025-06-30
doi: 10.54172/bzhvk534

General Provisions for Committees Emanating from The Bank's Board of Directors
type: item
description: 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.
subject: Articles
  topic: section
subject: Bank Governance
  topic: keywords
subject: Board Committees
  topic: keywords
subject: Governance Guide
  topic: keywords
subject: Basel Committee
  topic: keywords
creator: Walid Dardour
rights: Copyright (c) 2025 Walid Dardour (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-30
publication date: 2025-06-30
doi: 10.54172/mtw4hg98

Legal and Criminal Confrontation of Usurious Transactions
type: item
description: 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.
subject: Articles
  topic: section
subject: Usurious Transactions
  topic: keywords
subject: Punishment
  topic: keywords
subject: Sharia
  topic: keywords
subject: Zakat
  topic: keywords
creator: Saad Alabbar
creator: Alhasan Abdalrahman
rights: Copyright (c) 2024 Saad Alabbar, Alhasan Abdalrahman (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2024-12-31
publication date: 2024-12-31
starting page: 335
ending page: 353
doi: 10.54172/sgm0j282

The Legal System of the Annulment of Arbitral Award a Comparative and Analytical Study
type: item
description: 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.
subject: Articles
  topic: section
subject: Arbitration Award
  topic: keywords
subject: Invalidation Lawsuit
  topic: keywords
subject: Invalidation Lawsuit Procedures
  topic: keywords
subject: Effects of The Invalidation Lawsuit
  topic: keywords
creator: masoud masoud
rights: Copyright (c) 2024 masoud masoud (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2024-12-31
publication date: 2024-12-31
starting page: 289
ending page: 334
doi: 10.54172/cdw4e426

The Impact of Sharia Policy On Libyan Legislation in Combating Corruption Crimes
type: item
description: 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.
subject: Articles
  topic: section
subject: Sharia and law
  topic: keywords
subject: Precautionary measures
  topic: keywords
subject: Regulatory bodies
  topic: keywords
subject: Anti-corruption
  topic: keywords
subject: Crimes and punishments
  topic: keywords
creator: musab hassan
creator: Saad Al-Sayaaf
rights: Copyright (c) 2024 musab hassan, Saad Al-Sayaaf (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2024-12-31
publication date: 2024-12-31
starting page: 258
ending page: 288
doi: 10.54172/79wv7z37

Foreseeability as an Element of Fundamental Breach Under the Un Convention On Contracts for The International Sale of Goods - 1980
type: item
description: 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.
subject: Articles
  topic: section
subject: Fundamental Breach
  topic: keywords
subject: Foreseeability
  topic: keywords
subject: International Sale of Goods
  topic: keywords
subject: Time Requirement of Foreseeability
  topic: keywords
creator: imhimad abdalhamid
rights: Copyright (c) 2024 imhimad abdalhamid (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2024-12-31
publication date: 2024-12-31
starting page: 244
ending page: 257
doi: 10.54172/3k79qg27

The Defect of Form in Administrative Decisions and Its Applications in the Yemeni Judiciary (A Comparative Study)
type: item
description: 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.
subject: Articles
  topic: section
subject: Defect In Form
  topic: keywords
subject: Administrative Decision
  topic: keywords
subject: Yemeni Judiciary
  topic: keywords
subject: Comparative Judiciary
  topic: keywords
subject: Employee Rights and Freedoms
  topic: keywords
creator: Moteaa A. H. Gabir
rights: Copyright (c) 2024 Moteaa A. H. Gabir (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2024-07-01
publication date: 2024-07-01
starting page: 192
ending page: 242
doi: 10.54172/19dyxt03

The Role of the Tourist Police in Protecting Tourist Security (Protecting Material Heritage as an Example)
type: item
description: Libya is considered one of the countries that possess a heritage of diverse historical, civilizational and cultural value, and this is what makes it a cause for attack, which requires the provision of security and legal protection to preserve this heritage. Thus, tourism can be transformed into an economic sector that contributes effectively to increasing the national product. The circle of attacks on heritage in general may grow and expand in the absence of a specialized body for protection and insurance among the state’s police authorities, and the attacks that some tourist places may be exposed to, as well as the harassment that befalls tourist teams, which makes tourist places in Libya a repellent environment for tourists. The problem of studying this topic revolves around knowing the true relationship between the type of protection provided by the tourist police and the tourist phenomenon. And the adequacy of this type of protection to achieve the purposes of the tourism sector, given that the content of this protection is considered one of the direct supports for reviving the tourism sector in Libya.
subject: Articles
  topic: section
subject: Tourist Police
  topic: keywords
subject: Protection of Material Heritage
  topic: keywords
creator: Saed A. A. Almaeadaani
rights: Copyright (c) 2024 saed Almaeadaani, saed Almaeadaani (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2024-07-01
publication date: 2024-07-01
starting page: 169
ending page: 191
doi: 10.54172/6m40gs28

The Importance of the International Criminal Police Organization in The Field of Combating Terrorism and Its Role in Developing the Rules of International Criminal Law
type: item
description: The crime of transnational terrorism has become a complex and multi-ideological phenomenon, due to various factors, and the methods of committing it have evolved. Although its methods were traditional and caused limited casualties among the targeted groups, they have evolved. It is carried out with extreme precision, taking advantage of information destruction technologies using international communications networks. The loss of life and property in regular wars is almost comparable to these losses, as well as the dangers associated with the use of chemical and biological weapons by extremist groups. occupy an important place in the world. On the international scene, particularly after the collapse of many Arab countries following the geopolitical events of 2011, fears emerged that the arsenal of weapons left behind by these countries would be exploited to carry out terrorist operations, forcing countries to make efforts to reduce this crime.
subject: Articles
  topic: section
subject: International criminal police organization
  topic: keywords
subject: international terrorism
  topic: keywords
subject: organized crime
  topic: keywords
subject: international justice
  topic: keywords
subject: bulletins
  topic: keywords
creator: Faraj A. S. Moussa
creator: Faraj MOUSSA
rights: Copyright (c) 2024 Faraj MOUSSA, Faraj MOUSSA (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2024-07-01
publication date: 2024-07-01
starting page: 139
ending page: 168
doi: 10.54172/jpaee618

Legal Means of Resolving Disputes Between Heirs, An Applied Study of the Principle of Separation
type: item
description: The principle of Exclusion is one of the most important means of resolving expected disputes between inheritors by mutual consent, as this principle and reconciliation have the same meaning in the matter of inheritance. Sharia has approved reconciliation based on the principle of mutual consent that is consistent with its principles regarding what is permissible and what is forbidden. This study comes to show how this principle had a significant impact in resolving disputes and resolving disputes between heirs through realistic applied issues in which judicial rulings were issued by the Supreme Court.
subject: Articles
  topic: section
subject: Exclusion
  topic: keywords
subject: Reconciliation
  topic: keywords
subject: Sharia
  topic: keywords
subject: Supreme Court
  topic: keywords
creator: Adel A. A. Miftah
creator: Mohammed M. M. Younis
rights: Copyright (c) 2024 Adel Miftah, Adel Miftah, Mohammed Younis (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2024-07-01
publication date: 2024-07-01
starting page: 128
ending page: 138
doi: 10.54172/jwmh1551

The Crime of Electronic Destruction in Libyan Law (A Comparative Analytical Study)
type: item
description: The procedural behavior of the crime of cyber destruction manifests in various forms, including input, erasure, modification, destruction distortion, impairment, and by any means. Moreover, the scope of the informational domain is broader than that of the physical domain of traditional destruction crimes, encompassing material components and non-material assets. Legislators may stipulate a specific criminal intent in the offense of destroying an information system, such as gaining financial benefit for oneself or others, contrary to their approach in defining the term "illegitimate benefit". The legal formulation of the crime of electronic destruction has been marred by numerous legislative deficiencies, weakening the legislative protection of informational assets.
subject: Articles
  topic: section
subject: Electronic Destruction
  topic: keywords
subject: Electronic Medium
  topic: keywords
subject: Informational Assets
  topic: keywords
subject: Electronic Capture
  topic: keywords
subject: Programs
  topic: keywords
creator: Antisar A. M. Imseeweet
rights: Copyright (c) 2024 ANTISAR IMSEEWEET, ANTISAR IMSEEWEET (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2024-07-01
publication date: 2024-07-01
starting page: 108
ending page: 127
doi: 10.54172/09wq6444

Good Governance and Its Role in Developing the Work of Local Units in Jordan and Libya
type: item
description: Local administration is considered one of the most important methods of local administrative organization, through which administrative tasks are distributed between the central authority and elected and independent regional local units, which are granted specific competencies and powers, so that they can carry out their activities and provide the necessary services required for local groups, It works to consolidate democracy through popular administration and joint collective action among members of society, Through the existence of a modern decentralized system, it produces a system of good governance that includes several principles and foundations for managing and conducting the work of local units, to achieve the goals for which they were established, to fight administrative and financial corruption, Developing the work of service facilities and facilitating access to services to local communities; Good governance is closely linked to popular local administration, because of its positive and effective effects that benefit the work of local units.
subject: Articles
  topic: section
subject: Good Governance
  topic: keywords
subject: Local Units
  topic: keywords
subject: Administrative Decentralization.
  topic: keywords
creator: Khalleefah M. A. Amteer
rights: Copyright (c) 2024 KHALLEEFAH AMTEER, KHALLEEFAH AMTEER (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2024-07-01
publication date: 2024-07-01
starting page: 84
ending page: 107
doi: 10.54172/bjfnd462

The Nature of Constitutional Judiciary and The Inevitability of Its Existence
type: item
description: The constitutional judiciary holds a prominent position in the hierarchy of the judiciary, as its jurisdiction revolves around issues where politics intersects with the law. With the complexities accompanying its interaction with matters related to the foundations of governance and the distribution of powers, a question arises about the nature of constitutional judiciary: Is it a politically oriented judiciary or purely judicial? This study is founded on understanding the legal nature of constitutional judiciary and its role in the rule of law. By following a comparative analytical approach to explore this nature, with a focus on the justifications that highlight its importance in ensuring the rule of law and the separation of powers.
subject: Articles
  topic: section
subject: Constitutional judicary
  topic: keywords
subject: Democracy
  topic: keywords
subject: Balance of Powers
  topic: keywords
subject: Rights and Freedoms
  topic: keywords
creator: Ezeddin Mohamed
creator: Ibrahim S. S. Ali
rights: Copyright (c) 2024 Dr.Ezeddin Boubaker Ali Mohamed., Ibrahim Saleh Saed Ali. (Author) https://creativecommons.org/licenses/by-nc/4.0
date: 2024-07-01
publication date: 2024-07-01
starting page: 63
ending page: 83
doi: 10.54172/qy7w4y11