Legal and jurisprudential nature of blood money under libyan law number 18, 2016

Abstract

The Blood Money is the money that is given to the victim or the victim's relatives because of the crime of murder. Since it's money given to the victim, it is essential to study the legal and jurisprudential nature of the blood money as an integral issue to determine whether the blood money is a criminal penalty or a civil compensation. Furthermore, blood money shares characteristics with both criminal punishment and civil compensation.The consequences of that determination are essential for blood money and the legality of combining blood money with compensation, as well as the permissibility of combining blood money with another criminal penalty for the same act. The research aims to clarify the legal and jurisprudential nature of blood money under Libyan Law No. (18) of 2016, regarding retribution and blood money. The research problem lies in determining the extent of compatibility between Libyan Law No. (18) and Islamic jurisprudence. The researcher used the descriptive analytical approach and the comparative method to study the nature of blood money under Libyan Law No. (18) and Islamic jurisprudence. The researcher collects, describes, and analyses data on the subject of the study, and then makes comparisons between them.The research reached several results, the most important of which is the lack of clarity in the provisions of Libyan Law No. (18) of 2016 in determining the nature of blood money. It described it at times as criminal punishment and at other times as compensation, which caused practical problems during the application of the law. Additionally, among the research results is the existence of a jurisprudential theory that emphasises the dual nature of blood money. This research contributes to identifying the weaknesses in Law No. (18) of 2016 AD on the nature of blood money.