Criminal Participation in Libyan Law and Islamic Sharia: A Comparative Study of the Legal Status of the Principal Offender and the Accomplice in Intentional Homicide

Abstract

This study examines criminal participation in Libyan law and Islamic Sharia, as one of the important topics in criminal law due to the legal issues arising from the involvement of multiple persons in committing a single crime, particularly intentional homicide. The study aims to clarify the concept of criminal participation, its elements and forms, and to distinguish between the principal offender and the accomplice. It also analyzes the legal provisions governing the liability of participants under Libyan criminal law and compares them with the rules established in Islamic Sharia regarding participation in intentional killing.

The study adopts the descriptive, analytical, and comparative approaches by analyzing the legal provisions regulating criminal participation in Libyan legislation and examining Islamic jurisprudential opinions concerning the responsibility of participants in intentional homicide.

The study concludes that criminal participation is based on the plurality of offenders and the unity of the crime. Libyan law distinguishes between the principal offender and the accomplice according to their roles in committing the crime, while generally establishing equal punishment unless a special provision provides otherwise. The study also shows that Islamic jurists have differed regarding retaliation (Qisas) when several persons participate in killing one individual; however, the majority of scholars support applying Qisas to all participants when each person's act contributes effectively to causing death.

The study recommends developing the legislative framework regulating criminal participation in Libya, particularly by establishing clearer provisions concerning accomplice liability in Qisas and Diyah crimes to achieve greater legal stability