أثر اختلاف الدين في إقامة حدَّي السرقة والحرابة: دراسة مقارنة بين الفقه الإسلامي والقانون الليبي

Abstract

This study examines the influence of religious differences between Muslims and non-Muslims on the application of hudud punishments for theft and highway robbery. It employs an inductive-analytical approach to trace and analyze relevant jurisprudential and legal texts ، complemented by a comparative method to identify points of convergence and divergence between Islamic jurisprudence and Libyan law. The findings indicate that ، in Islamic jurisprudence ، religious differences primarily affect cases where either the perpetrator or the victim is non-Muslim (dhimmi) ، particularly regarding the implementation of the death penalty for highway robbery when the offender is Muslim and the victim is non-Muslim. In contrast ، Libyan law applies hudud punishments for theft and highway robbery irrespective of the individuals’ religious affiliation ، This view is in accordance with the predominant opinion in Islamic jurisprudence ، namely that of the Maliki and Hanbali school.