مبدأ الفصل بين السلطات في النظام السياسي الإسلامي

الملخص EN

The present research treats the principle of separation of powers in the Islamic political system, especially at the time of the prophet Muhammad (peace be upon him), and the time of the rightly guidance (rightly Caliphate), since that period constitutes the right model of the Islamic governance.

After having studied the rules on which the governance of the Islamic is based and how the powers are organized and practiced during that period, it has been revealed that the system of governance of Islam is of a special nature, because it is based of eminent and sublime divine principles that are superiors of the principles devoted on the constitutional systems.

The idea of despotism was excluded from the Islamic governance, as governor or judge has initially to satisfy some conditions in order to get further away from despotism, among others, fairness and uprightness.

It has been unveiled that the principle of separation of powers spirit was established of the system of governance in Islam, they are not contradicted, and it has been curried out even relatively on the separation of legislative power from the others.

The link of absence of this principle with the injustice and despotism determinism is a wrong idea, as the governance at the Islamic era has realized justice and equality, as well as liberties to all people, the despotism has ruled when people leaved Allah’s law and way