8
Determinants of the right to life are represented in the
inadmissibility of arbitrary executions (beyond the realm of law)
and the inadmissibility of infringing on this right (punishment for
murder), or in other words killing in any form be it an action
leading to a crime or punishment for a murder crime does
constitute an issue subject to substantive and procedural rules of
criminal law. The relevant Libyan law complies with these rules.
However social response embodied in legally-formulated
punishment for murder is derived from social core values
reflecting the culture and faith of the community concerned. The
Muslim Libyan community acknowledging in Article 2 of the
Declaration on the Establishment of the Power of the People for
1977 that the Holy Qoran, the legislation (Sharia'a) governing the
community, has approved retribution for the murderer as the justly
deserved penalty to the credit of the victim for violating his right
to life and also in conservation of his relatives' rights. In this
regard, the Qoran reads " If anyone killed a person- unless it be for
murder or for spreading mischief on earth- it would be as if he
killed all people; and if anyone saved a life, it would be as if he
saved the life of all people." (Surat Al Ma'ada Verse 32).
Replacing the penalty with sentence of life imprisonment is
however possible if pardoned by the blood-for-ransom retaliator.
The power of amnesty is exclusive to the victim's relatives as
Allah the Almighty Has Said "And if anyone is killed wrongfully,
We have his heir authority to demand retribution (Kesas) or to
forgive; but let him not exceed bounds in the matter of taking life
for he is helped by the Law". (Surat Al Israa'a- Verse 33).
This view actually shapes the faith of the Muslim Arab Libyan
community regarding death penalty and the right to life. This
was reflected in the Libyan Penal Code and Human Rights
Charters of the Jamhirya, rendering capital punishment on
retributional basis a social value.