Browsing by Author "Ahmad Ali Ahmad Elbaz"
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Publication الاستبداد السياسي ودور الشريعة والقانون في مواجهته دراسة حالة ليبيا(Universiti Sains Islam Malaysia, 2021-09) ;أحمد علي أحمد لبز ;Ahmad Ali Ahmad ElbazMualimin MOchammad Sahid [supervisor]Libya is presently experiencing several crises, the foremost of which is political. Since Gaddafi’s assumption of power, his 24-year reign—from 9191 until the 4199 revolution which resulted in his overthrow—has caused the state to live in a chaotic political reality for the principal reason of political tyranny. The endeavors of certain local parties from within and without the state to transform the situation, to propose solutions for the successive crises, or to end the chaotic political floundering, have been met with the governing authority’s repudiation in one side and by its quelling in another. After the 4199 revolution, the attempts of certain parties to build a constitutional political system based on the principles of modern political systems to deter the return of tyranny and to establish a political life wherein all of its forces can interact have been unsuccessful due to the struggle for power and inability to find an integrated vision to end the current conflict. This study concerns the possibility of addressing the research problem through a plan that seeks to counter tyranny in Libya according to Shariah and law. By focusing on the fundamental principles and values of the Islamic system of government and principles of modern political systems, it is possible to form a new political system that can counter tyranny and ensure its doors remain closed. The study attempts to accomplish this through an analytical study on these principles and how to apply them, along with safeguards and sound mechanisms, on the current reality to address the issue. This study linked the current reality with past illegally assumed reigns in the state. It employed the inductive approach to resolve the issue, as during the three ruling terms (King Idris, Gaddafi, successive governments post-4199 revolution) in Libya, its people have never played a meaningful role in electing the governing authorities; rather, they have been imposed upon them. The approach was carried out by engaging with historical sources, seeking for information relevant to the subject at hand, in addition to drawing on the benefits that it offers in interpreting realities. The study also adopted the analytical-descriptive approach: the researcher described the reality concerning the subject at hand and analyzed the factors underlying the research problem to produce an appropriate solution. Observation (observation of reality) is an effective instrument to understand reality and to interpret the political developments in Libya. These were carried out to generate truer generalizations and to present ideas and conclusions that will be critical for the research. The study concluded the imperativeness of countering tyranny through the integration of Shariah and law—each should complement the other—and proposing real safeguards and mechanisms, especially amidst the current power struggle. The Islamic safeguards against tyranny are effective, as the legitimacy of Islamic rule is based on a genuine contract, not hypothetical or symbolic, similar to the social contract theory. Therefore, the legitimacy of power in Islam is determined by its commitment to the laws and principles of the Islamic political system.