The Relationship of Crime to Society in the Countries of Asia and the Arabs

Abstract

The study aims at find out and analyze domestic violence, and study it in detail, openly and independently based on the Libyan criminal law in order to review and develop the law. Studi sosial international antara. so it will not against Islamic law and. Furthermore, it aims to monitor and determine the jurisprudence aspect and the law by studying the law sanction set by Libyan law maker and compare it with Islamic law. As following the search questions: 1) How are crimes related to families in the perspective of Libyan Penal Code? 2) How can sanctions be compared to these crimes in terms of the opinions of scholars in Libyan Penal Code and Peoples of other States? The researcher employs a descriptive analysis method and collects the data from Libyan law reference textbooks and criminal law encyclopedia. Data related with Islamic law are from several fiqh books. Then the researcher analyzes the data by representing them on each theme and reviewing them from the perspective of Libyan law and four main ulemas. The last steps are compare and draw the conclusion from the study. The result shows that the Libyan law maker is in accordance with Islamic law in making law on domestic violence and its sanction. However, the implementation of the law is sometimes different in some cases due to some reasons such as maintaining human rights, safety and stability. The fact is caused by the lack of development and adjustment of the law. The Libyan family law has no explicit explanation on domestic violence and mediator misuse, and it delegates them to criminal law. However, the explanation will help to strengthen the argument and clarify the family condition in criminal law. It also help judges to determine the condition and law adjustment to a certain crime. In some cases, the suspects are not brought to trial and punished. The criticism of the researcher arises when a theory says that only the Family Law can regulate the relationship arising from the fact that man is male or female, that he is husband or widower or absolute, or that he is full or incomplete, but the researcher sees that this theory is incomplete, where it does not specify rewards and punishments in case of violation of the rule. The researcher asserts that the assumption based on the specific criteria at the time of the crime was taken by the Libyan Criminal Code as evidence. Therefore, theorist’s theory complements the previous theory. Thus, the theory of researchers complement each other with previous theories. And that the crimes and punishments imposed on them are unequal according to Islamic law, and not limited to family law alone.