(Application of Administrative Law Between the Civilized state and its Islamic Framework)

Author:
Ahmed Fadel Naji al-Rubaie
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Abdullah Baharloyi

This study، tagged with (the application of administrative law between the civilized state and its Islamic framework), aimed to study the application of administrative law in man-made systems and the Islamic system، and the interpretation of administrative law and its development and characteristics.

In view of the importance of the subject of administrative law in relation to the development of the state and its urbanization and keeping pace with the development taking place in the world، this study came to frame the positive administrative laws in an Islamic framework according to the instructions of the pure Islamic Sharia.

the Quranic texts، the honorable biography of the Prophet and the biography of the family of the House. In this study, we presented the most important obstacles facing the application of Administrative law in an Islamic framework. The researcher concluded in the study that administrative law is measured from three criteria (the organic criterion، the objective criterion، and the formal criterion), and that the Islamic system of governance is unique and distinct from the man-made systems of governance، due to the possibility of its application in all places and times. And the sources of Islamic administrative law are concentrated in (the Holy Book of God, the honorable Sunnah, the biography of Ahl al-Bayt) and the bad companions of the Companions. On the legality of administrative work, without extending to the appropriateness of administrative work, and the dual judicial system is more effective in its oversight of the work of the administration, due to its specialization in administrative disputes and limiting it to the application of administrative legal rules to administrative disputes before it, and this is what gives it sufficient experience to settle them.