أثر تخلف شروط الاستمرار علي استدامة ولي الأمر في منصبه في الفقه الإسلامى و القانون المصرى : دراسة مقارنة

Abstract EN

The recent research has aimed at investigating the effect of lack of the prerequisites demanded for the presidential office on continuing in power from the point of view of Islamic Law (Sharia'a) and the Egyptian Constitutional law.

To realise the targets in question, the analytic-comparative technique has been applied.

In addition, the literature has been surveyed to gather the data required.

The research has drawn to the conclusions that the Egyptian Constitutional law does not explicitly state the effect of the president conversion on being eligible to continue in power.

On the contrary, Islamic Law (Sharia'a) clearly and uninamously emphasises that the president conversion makes him illegibile to continue in office.

The Egyptian Constitutional law also states that the president is to be toppled in case of committing serious offences, but most of the scholars of Islamic Law (Sharia'a) does not consider this to be a reason for taking power away from the State's leader since deposing can lead to turbulence and social disorder.

This reflects the Islamic Law (Sharia'a) 's superiority to man-made laws.

The research recommends that the Egyptian lawmaker ought to pass constitutional acts derived from Islamic Law (Sharia'a) rather than those man-made ones.