The punishment of criminal contribution in Hudood and Qisas Crimes between legislative negligence and Judicial Diligence

Abstract

This paper researches two of the problematic that arise from the application of the provisions under Islamic Law in the field of Hudood and Qisas. The first one is the problem of referring to the provisions of Sharia in everything that would constitute a legislative vacuum in the issues of criminalization and punishment in the Laws of Hudood and Qisas, and the extent to which this contradicts the principle of criminal legitimacy. The second is the problematic of the criminal responsibility for contribution in Qisas and Hudood in the absence of clear legislative treatment of this issue. this research will be in light of the judicial treatment of the Libyan Supreme Court to these two problems, with the aim of assessing its judgment on the case of dialectic of referring to the provisions of Islamic Sharia and the principle of legitimacy, and evaluate the solution which is shown in its judgment about the responsibility of contribution in committing the crimes mentioned in the absence of the clear legal treatment of dealing with this matter.