دلالة النص على مبادئ الشريعة الإسلامية في مشروع الدستور الفلسطيني و أثره في تنظيم و عمل السلطة التشريعية

الملخص EN

The research topic of significance text on the base of Islamic law as a source of legislation in the draft constitution, whatever the formulation and its impact on the organization of the legislative power, and through the intended statement of Islamic law and principles, as well as the intended legislation in Islamic law and positive law, the statement of the difference between the various versions of the rule of Sharia as a source of legislation, these formulations and the impact of the provisions of the Constitution and ordinary legislation, and then organize a statement of legislative power in the Palestinian Islamic Sharia law and the legitimate rule to participate in the legislatures, and talk about the impact of the base principles of Sharia as a source of legislation to regulate the work of the legislature.

The research concluded that a group of the most important of the results that there is a difference among scholars and thinkers in contemporary judgment entry of Islamists in the legislatures if the intent was good, and sees the most correct opinion is permissible to participate in legislative councils controls legitimacy.

And it also can be reconciled with the work of the legislative authority in Islamic law and work according to the Palestinian law, and that it comply with the elected legislative authority according to the law enacted legislation does not conflict with the principles of Islamic Sharia.

Research has recommended a set of recommendations that the most important of the Palestinian Legislative Council to take the two councils system, so that it is one particular board housed in Gelle senior forensic scientists and senior legal, and have a key role in the approval of the legislation issued by the Board elected in accordance with the principles of Islamic Sharia