Those are the Libyan constitutions ... Islam and freedom in the state of Libya
Those are the Libyan constitutions ... Islam and freedom in the state of Libya
Despite all the ambiguity surrounding the Libyan state and the uncertainty surrounding the form, type and nature of the Libyan political system, the increasing confusion surrounding Libya undermines the cultural aspect of our social heritage, this imbalance, threatens Libyan citizenship to exercise the democratic right.
It seems to us that Libya is incapable in this difficult period of holding a referendum on the constitution of the country, including elements states that Arabic is the official language of the Libyan state and the existence of other languages of the Libyan minorities.
That Islam is the region of Libya and the full recognition of Libyan customs and traditions before starting the parliamentary and presidential elections this year.
The referendum on the Libyan constitution is considered the first best option, and is the right and proper way before the start of the High Commission to the electoral entitlements of the Libyan state.
Libya today is unable to withstand the unsafe situation that prevents the draft constitutional draft to the public for a referendum in the shadow of this chaos and the persistence of the conflicting parties to power and rule without reference to the legal charter of the Constitution of Libya.
The belief of many Libyan political elites, civil societies and intellectual authority to include the rights of Libyan minorities in the Libyan constitution is confusing to the Libyan society and is a confusing to the constitutional work, but this belief is less rational in the pursuing of human rights in Libya.
The contents and functions of a constitutional vitality is to provide the Libyans a society of complete empty state of totalitarian regimes and protection of human rights and to control with contribution to the revival and maintenance of Libyan laws that help to exit Libya from successive crises.
Libyan Laws are meant to curb corruptions, laws to spread the public freedoms, and to support the renewing rules of laws before the Libyan courts.
Full transparency is needed on applying those laws on those who have committed crimes on the Libyan people under the Libyan justice system.
The confusion of Libyan society today is due to the failure to adopt a mechanism that is capable of changing from a historical era that was empty of constitutional work to a stage in dire need of deep review and courage that requires recognition of Libyan constitutional legitimacy.
Libya is at the intellectual and juristic level to the political level that it can and qualifies for constitutional action in the light of new developments related to linking the Libyan Constitution to the Islamic religion and the issue of public freedoms.
The importance role of Islamic law in the Libyan society as the status of the divine guide to the right to beliefs and to good behavior and human transactions, and from this Islamic point of view, the Libyan Constitution does not work in isolation from the role of Islamic law important in the lives of the Libyan people.
The Constitution of Libya in the era of the Kingdom of Libya in 1951 stated in article 5 that Islam is the religion of the state, on the hand, the constitutional declaration of 2011 also states in article 6 that Islam is the religion of the state and Islamic law is the source of legislation.
That the law of society is the Koran according to the ideas and theses of the former Libyan Jamahiriya, It is not permissible for political systems in Libya to operate in isolation of Islamic law.
It is important to note that the difference between the Libyan constitutional state and the Libyan Arab Jamahiriya enjoyed the nature of natural laws, which carried Libya to the role of the special philosophy based on the third world theory without the existence of a constitution governing the Libyan state.
Focusing on the constitutions of Libya, and we will find the Libyan constitutions, the legal document on which we based the arbitration of the society and the reference of the political system.
The type and nature of the system of government in the Libyan state, has been denoted on the Constitution, and the constitutions of Libya are to be the most powerful and most legitimate legal reference in the Libyan society.
We believe that the Libyan constitutions, in the majority of which did not marginalize individual freedoms and rights, witch expressed in the articles of the 1951 Constitution of Article XII, which states that personal freedom is guaranteed and all persons are equal before the law.
The Constitution stipulates in article 7 (citizenship) citizens, all are equal and not to be discriminated and prohibits all forms of discrimination for any reason, such as race, color, language, sex, birth, political opinion, disability, origin or geographical affiliation in accordance with the provisions of this Constitution.
That is, in terms of individual rights, all in Libyans are to enjoy the rights and freedoms that vary from one country to another, according to the course of modernization in the country. The modernization project tends to the nature of individuals in the Libyan society of values, mind and freedoms that do not violate the curriculum and principles of Islamic law.
It is no secret to us that the Libyan political factors necessitate the Libyan society to carry out the deep reference to its constitutions in the past of 1951 and the present of the constitutional declaration of 2011.
Libyan constitutions which have complemented each other in the human rights, to the extent of Libyan social mobility in change and modernity and to move to the state Constitutional institutions.
Libyan constitutions were not distinguished by the importance of the role of Libyan minorities and guarantees of rights among Libyan citizens, especially those advocated by non-governmental organizations based on religion, sex, origin and race, to become a basic indicator of the extent of Libyan society's development and degree of challenge and depth of Libyan social mobility in human development and growth.
The rights and fundamental freedoms of the individuals today must be the highest that Libyan society can boast. This translates into the signing of as many human rights conventions as possible relating to non-discrimination in thought, opinion, sex, religion and race in Libya.
Libya today is not the same as Libya in the past because of the social motilities that is taking place nowadays and the adoption of the Universal Declaration of Human Rights.
Reference form the Universal Declaration of Human rights will help Libyan state to achieve the Libyan social guarantees and the references have significance and mission to the whole world to support the Libyan people rights.
By Professor Ramzi Mavrakis
