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Libya


Article 2 of Libya’s Constitutional Proclamation of 1969 declared that Islam is the religion of the State.  This article was complemented in 1977 by the Declaration on the Establishment of the Authority of the People, which went further to state in Article 2 that the Holy Quran is the Constitution of the Libyan State.  The Libyan legal system does contain elements of civil law, mainly influenced by French and Italian law, however, since the 1970s Libyan legislation has undergone a process of Islamisation.  In 1971 a Legislative Review and Amendment Committee was established to ensure existing legislation did not contradict the principles of Islamic Law and to ensure the primacy of the Sharia. This led to amendments to the Civil Code and the Civil Code of Procedure.
The Libyan Law of Personal Status No.10 of 1984 is based on Islamic Law.  In the absence of legal provisions, Article 72 stipulates that judges are to resort to those principles of Islamic Law most relevant to the issues presented for adjudication.  Furthermore, Article 82 of the Law Regulating the Situation of Minors No.17 of 1992 states that the most appropriate principles of Islamic law shall apply in matters of guardianship, trusteeship and custodianship in cases where this law makes no provision.
Article 1 of the Civil Code establishes the sources of law as legislative provisions, Islamic principles, custom, natural law and rules of equity.  Informally, judicial decisions and the doctrines of renowned jurists are also a source of law.
Libya has a majority Muslim population with a small Christian minority.  The dominant school of Islamic jurisprudence in Libya is the Malaki School.  

Available Information

reunite´s Summary Text for Libya 
 
Legal Texts


•    Constitution 1962

•    Declaration on the Establishment of the Authority of the People 1977.

•    Personal Status Law No.10 of 1984 (Arabic)

•    Law 17 of 1992 on the Regulation of the Situation of Minors (Arabic)

•    Unofficial Translation of Extract of Law 17 of 1992 on the Regulation of the Situation of Minors
 
•    Law No.70 for 1973 Establishing Penalty for Adultery

Reports


•    Convention on the Rights of the Child Report 2000


Articles


•    Information on the Libyan Family, Country Studies, US Library of Congress

•    Family Law Summary (Emory project)

•    Information on the Judiciary (POGAR)

•    Information on Law and Judiciary (US State Dept.)