Legal Protection of the Arabic Language:

A Comparative Critical Analytical Study

Abstract

This study examines the hierarchy of constitutional and legislative texts regarding the protection of the Arabic language in Libya. It sheds light on its historical phases, beginning with the 1951 Independence Constitution and leading up to the 2011 Draft Constitution. Furthermore, the study investigates specific laws enacted for the protection of Arabic, including Law No. 6 of 1952, Law No. 12 of 1984, and Law No. 24 of 2002. Collectively, these legislations aimed to emphasize the role of the Arabic language in consolidating and preserving national identity, while achieving and safeguarding linguistic sovereignty.

Employing a descriptive-analytical methodology, the study scrutinizes legal texts—both constitutional and legislative—to evaluate the executive consistency of the legislative framework with constitutional provisions and its success in achieving linguistic security amidst the challenges of linguistic pluralism. The study concludes that while the Libyan legal system has accorded increasing attention to language protection, it suffers from a lack of practical application and a deficit in institutional bodies and oversight mechanisms necessary to implement constitutional and legal mandates. Finally, the study proposes mechanisms to bolster this protection through legislative development and the establishment of specialized oversight institutions.