In the name of Allah ,the Beneficent, the Merciful

Praise be to God, the Lord of the worlds ; and peace be upon Muhammad, the most exalted of all Prophets, and upon his kith and kin and all his Companions. There is no doubt that the Islamic Law (Shariah) is the law enacted for all mankind. In the Holy Quran, God, addressing the Prophet Muhammad, said : "And We have not sent thee but as a bearer of good news and as a warner to all mankind". [Surat (Chapter) Saba' : 28] The sublime Islamic Law is suitable for every time and clime. It is the final and most advanced stage of social development. Describing the Quran, which combines this Law, God says "And We have revealed the Book to thee explaining all things and a guidance and mercy and good news for those who submit.[Surat Al-Nahl (The Bee) :89]

Islam's claim that it is the religion of all mankind is not a balderdash. Its principles and teachings are the instrument by which one would live in safety, with his faith, self, property, progeny, honour and all other in born rights fully protected.

God has created people to live together in communities, each one of them is the fellow of the other every member is a brick in the whole edifice of humanity. The Prophet Muhammad said : "Each one of you is a shepherd and every shepherd is responsible for his flock." And to keep such an edifice properly and strongly erected, God, from days immemorial, inspired people to make legislations defining everyone's duties and rights. Such a human system is known as the "positive law". But one cannot subjugate one self entirely to such a legislation because, firstly, it does not supply one with all that one needs for one's own well-being and, secondly because the legislation is made by a human being who, however intelligent he might be, does not possess but a limited power of thinking. Therefore, human beings are always in need of a Divine Law which would certainly throw into the shade any other man-fade law. The Divine Law, of course, transcends all other man-made laws. It purifies peoples' hearts, raises their dignity, and awakes their consciousness. Moreover, it enables man to properly tackle his problems, of the present and of the future. It also establishes human relations on a solid base. For the welfare of human beings, God made the Divine laws and raised Messengers from among themselves, "Messengers, bearers of good news and warners, so that the people may have no plea against Allah after the coming of messengers. And Allah is ever Mighty, wise." [Surat al Nisa' (The Women) : 165]

The Islamic Law, which is the last of Divine Laws, meets all the requirements of people, serves their own interests, and fully guarantees their dignity. In this context, God says ,"And certainly We have brought them a Book which we make clear with knowledge, a guidance and a mercy for a people who believe" [Surat Al-Araf (The Elevated Places) : 52]

Deriving inspiration from this 14- centuries old august Islamic Law which, through its commands and injunctions provided the Muslims with security and stability, and established among them justice, brotherhood, freedom and equality, I present his modest study of the " Fight of Crime in Islam". A good opportunity was provided to me which helped me in making this study, and that was when I led a delegation of the Arab Republic of Egypt to a seminar on Arab Studies which was held in Tripoli from it to 15 October, 1971. At that seminar, I discussed only one aspect of the subject, and this was "The People's Role in Combating Crime as Stipulated by Islamic Laws". In this essay, I came to the conclusion that the public should assist in making criminal indictment because such a participation is a right, even a legal duty. As a result of the public's involvement, the accusation is surely made on a basis of impartiality.

But when I was about to complete my study, I came to realize the importance of the other aspect of the subject, and it is an aspect in which any researcher must have interest. This aspect deals with the role of the victim, or of his governor, and with the part criminal's repentance plays in criminal accusation. In such a case, one becomes close to the crime, and not isolated from it or from its concerned parties. He is either a victim or a culprit, and in both cases, such a man becomes by no means impartial.

Despite all the efforts made in the past and in the present, this subject has not yet been carefully studied. As a result, I took upon myself to make a study of the subject, albeit temperately, in which I would draw comparison between the Islamic and the positive laws.

Mohammad Maher