Legislative chaos in the balance of criminal justice

The approach followed by the Libyan legislator

Abstract

By issuing legal texts, the criminal legislator seeks to achieve the required balance between the interests of the individual and society, in order to achieve the commitment of the individuals addressed to those texts and to ensure that they live in peace and security. This can only be done through specific texts that are characterized by clarity and discipline, ensuring that individuals respect those texts and give them confidence. The criminal law cannot be achieved in the presence of a legislative vacuum resulting from the issuance of some ambiguous texts Or with a broad or loose meaning, all of this will put the criminal legislator in a state of legislative confusion. From here, the importance of this research emerges in that it touches on one of the serious and important topics that, in one way or another, disrupt the function of the criminal legislator, and introduces him into many problems, such as his thinking about referring ambiguous legal texts to Hudud crimes and retaliation are based on general provisions of Islamic law without any prior knowledge of its provisions In detail, which makes his legislative task difficult, some results and recommendations have been reached in conclusion that call on the criminal legislator to remove the state of legislative confusion in which he has fallen by reconsidering those referral texts, as legislative development does not result in more confusion and legislative chaos.