Mas'uliyat al-dawlah fi al-hajr al-sihhi wa al-ighlaq min manzur al-fiqh al-islami wa al-qanun al-Libi

Abstract

The study examined the issue of State responsibility during lockdown and quarantine procedures in times of epidemics from the perspective of Libyan law and Islamic Law “comparative study”. The issue of research highlights the fact that Islamic law is a fundamental source of legislation in Libyan law and that quarantine is one of the preventive medical mechanisms used to highlight the compatibility of quarantine and lockdown procedures in Libyan health law with the rules of Islamic law. In legal terms, the legality and effectiveness of pandemic response measures are problematic. Some legal texts do not rise to the required level in the face of the pandemic, owing to the shortcomings of more than fifty years since its promulgation without updating. The study also examined the framing and rooting of the legal state of health in Libya in the view of the constitutional declaration 2011. The study aims at the compatibility of legal procedures with the teachings of Islamic law in time of epidemics and the readiness of the legal system governing health in Libya to absorb epidemics. The study also aims to illustrate how Libya's legal system has dealt with the coronavirus pandemic and its inefficiencies, and demonstrate what is meant by declaring a state of emergency in law and how lawful it is and what penalties may be imposed against individuals who violate it. The nature of the study necessitated the use of the inductive method, the analytical method and the comparative method and finally, we use the qualitative method which based on the study of behavior, to this end, information and data are collected through interviews, the sample of the study included (16) interview. The study showed several results, including the existence of conformity and harmony between the procedures in the Libyan Health Law and the Islamic Law, as demonstrated beyond doubt by the legality of the intervention of the guardian to restrict permissibility in order to bring interest and prevent spoilers. The Health Law 106#1973 is a good law and covered most aspects of the pandemic. However, it needs to be developed that the sanctions imposed have a legal basis as well as a legal and constitutional lack of clarity on the part of the competent authority to declare a state of health emergency in Libya, despite a general provision making it possible for the legislature to declare a state of emergency in accordance with the Constitutional Declaration.