The principle of legality in administrative decisions A comparative study of man-made laws and Islamic legislation

The administrative decision is the most important legal means by which the public administration expresses its will, and this decision is considered one of the most important topics of administrative law, which is characterized by flexibility and development, which qualifies it to accommodate all developments in administrative life. The administrative decision in this letter begins with its legitimacy by being within the framework of the comparison between the two private bodies in starting legislation from them, and these two bodies are the ones who are accused of most of the laws and decisions in practical life, namely the Islamic legislation, which the legislator focuses on in the fact that it constitutes a large percentage. In regulating public life, especially in Islamic countries, the second aspect is man-made laws that also contribute through what is introduced to life in matters that may not be found in legislation

Islam is a cover for it, so the process of finding decisions that interfere with the humanitarian and organizational service in our societies comes. From these two different references, we achieve the following: that the process of legislating the administrative decision in man-made laws, Islamic jurisprudence, and the deviation of the administrative decision must be examined through a comparison between them in order to reach a clear formula in the fullness of the legitimacy from which the administrative decision comes and the similarities and differences in the administrative decision in this field. What has been achieved is to reach the truth of the administrative decision from the point of legitimacy in Islamic jurisprudence and the opinion of the legislation in it and from the point of view of the law and administrative judiciary, as well as knowledge of the pillars on which the administrative decision depends. The truth of the deviation in the administrative decision was reached and the reasons for the deviation were identified. The purpose of the letter was to prove the legitimacy of the administrative decision in positive laws and Islamic legislation, as well as to address the similarities in the administrative decision, and to explain the cases of deviation in the administrative decision and what are the causes of it. We adopted an analytical and descriptive approach in dealing with the topic of the administrative decision, relying on original sources and references.