نظرية الفصل بين السلطات في النظام السياسي الليبي وموقف الأسلام منها

• Main Author: Atman Alzalawi M. Saleh Galoma
• Format: Thesis
• Language: Arabic
• Published: Universiti Sains Islam Malaysia 2019
• Online Access: http://ddms.usim.edu.my:80/jspui/handle/123456789/17639

The ideology of separation of powers in Western countries such as France, Switzerland and the United States are clear because among them are those who follow the principle strictly and some others are more flexible, and yet all these images are not clear to the Arab regimes. Is this picture i.e. the separation of powers particularl, clear in the constitution and laws of the State of Libya? If it is clear, how far their application is? Is Islamic political system in line with that principle? For this purpose, this study aims to examine the extent to which the principle of separation of powers is applied in the Libyan political system and the position of Islam, through the analysis of the Libyan political system and general legislative texts of government in Libya, as well as the system of government in Islam. The study is employed the descriptive, analytical and historical methods. The study concluded that the system of government in Libya has passed through different stages of the systems of government and therefore, the constitutional practices on separation of power varied in degrees. As for the Islamic political system, it is characterized by justice, inclusiveness and perfection, being the system builts from the commandments of Almighty Allah which prevents tyranny in the exercise of power by Governors or rulers. The study recommended that the government in the State of Libya should make use of a great deal of the general constitutional principles and the provisions of the Islamic political system, in formulating the new political system of the state. It is also suggested that conflicting governments in Libya to give priority to the national interest above personal interests and make concessions for the sake of Libya and national unity.