The Independence of the Sharia Judiciary in Libya between Constitutional Text and Institutional Reality: A Reformative Vision

Abstract

This research aims to analyze the reality of the independence of the Sharia judiciary in Libya, in light of the practical gap between the in-force constitutional and legislative texts, and the institutional challenges existing on the ground. The problem of the study lies in the overlap of administrative and financial structures that restrict the freedom and independence of the Sharia judiciary, despite the constitutional guarantees that emphasize the separation of powers and the protection of judges. The research follows the descriptive-analytical approach, based on analyzing and deconstructing legislative texts and critiquing them to formulate a reform vision. The main results were the existence of a fundamental gap between the theoretical framework for the independence of the Sharia judiciary and the practical practices of existing institutions, including weak financial guarantees, executive interference in appointments and promotions, and a lack of infrastructure and specialized training. At the end of the research, a proposal for a gradual reform vision is presented, including the issuance of an independent law for Sharia judicial affairs, enhancing constitutional guarantees to protect judges, and establishing an independent national authority for judicial administration, with special attention given to qualifying the judicial personnel in Sharia circuits.