ALTADABIR ALAIHTIRAZIAT: DIRASAT BAYN ALSHRYET WALQANUN

ABSTRACT

The punishment was the main picture of the criminal penalty for a long period of history, and with the development of punitive thought, the picture became clearer about the inability of punishment to combat crime. The purpose of the criminal punishment was not to punish convicted criminals, but rather to rehabilitate those sentenced, Precautionary measures, based on the above; the problem of the study is based on the main question: what are the precautionary measures in Islamic law and Libyan law? The importance of the study has not been addressed in this way in the previous studies regarding the Islamic law and the Libyan law. The precautionary measures have been dealt with in the books of the Penal Code and not in depth in this particular and specific part, and have not been linked to Islamic Sharia In this context. The study aims to identify the precautionary measures in the Islamic Shari’ a and the measures stipulated in the Libyan Penal Code No. 16 of 1960 and its amendments, clarify the types of measures and specify the rules to which the precautionary measures are subject and the differences and similarities between the Islamic law and the Libyan law. It is based on the interpretation of the status quo (ie what is being) and the description of the phenomenon studied, as well as the method of inductive and comparative, and the research reached several results, the most important of which precautionary measures new penal system appeared with the school status after observation Lack of traditional sanctions. However, its concept is rooted in the Islamic jurisprudence, and the precautionary measures are exceptionally desirable for their nature, especially their conditions, and the scope of their application, called for justice, and the promotion of evil and bringing interests to achieve the purposes. The primary purpose and purpose of precautionary measures is private deterrence and not to justice and public deterrence.