Introduction

S. Ibrahim

Since the overthrow of the Gaddafi Regime in 2011, Libya has witnessed a heated debate over the role of Sharia in lawmaking: should it be the reference when legislating, in what way, and with what effect on existing legislation? This debate, however, is not new, and the consecutive regimes since independence in 1951 held different positions on it.

In this paper, I will present and discuss the developments in the role of Sharia and will try to identify the main actors behind them, both national and international. I will focus on the legal history of independent Libya (from 1951 onwards), though I will refer to earlier times when necessary. I will distinguish between three eras: The Monarchy's (1951-1969), Gaddafi's (1969-2011), and the aftermath of the 17th February Revolution (2011-up to now). I will pay special attention to the third era wherein it is still uncertain what role Sharia will have in the future constitution. It is an issue that has not only divided the Constitution Drafting Assembly (CDA), but also society at large, and the paper will make recommendations as to what could be the best solution given similar countries’ experiences and Libya’s own particularities.

In doing so, I will go beyond studying primary sources such as legislation and policy documents to examine judicial decisions, and interview key persons such as the head of the expert committee (2014­2016) that reviewed Libya’s legislation for compatibility with Sharia. I will also draw on my own experience as a member of a former similar committee (2013-2014). I will also consult relevant literature, which is quite limited concerning Libya.