مبدأ المشروعية في القضاء الإداري الإسلامي: دراسة تأصيلية تطبيقية على النظام السعودي

الملخص EN

This paper studies one of the most important issues on which the administrative judiciary in Islam is based.

This issue is the principle of legality, which is a commitment on the part of both the ruler and the ruled by the provisions of sharia rulings derived from the sources of Islamic legislation and from the regulations issued by the ruler in a way that does not contradict with the sharia.

Among the most important findings of the research is that the principle of legality is a standard against which the acts of the rulers and the ruled are judged.

Its enforcement is necessary for the countries to be organized, and it is one of the most important means of monitoring administrative works.

Both the rulers and the ruled are equal before the sharia whose rules should be observed by both.

Finally, the sources of the Saudi legislation are almost the same as those of legislation in Islamic jurisprudence.