المنازعة الإدارية الإلكترونية : دراسة تأصيلية مقارنة بالشريعة الإسلامية

Abstract EN

The study examined the electronic administrative dispute, in terms of its concept, characteristics, features, and means of adjudication, whether by the electronic administrative court, or the idea of the electronic administrative judge, as well as the elements that underpin the means of separating the electronic dispute, whether they are technical or human ingredients, Or financial, and the legal and legal basis for these means, as the study clarified the position of Islamic law on the idea of electronic administrative dispute, especially with regard to the idea of an electronic administrative judge, Or the judge computer, and the study was subject to the procedures for deciding in the electronic administrative dispute, starting by the way and means of filing the lawsuit using modern communication techniques, and through the consideration of litigation, electronic pleading and deliberation, and finally to the issuance of a final ruling in it, and how to appeal this ruling, with a clarification of the position of Islamic Sharia on these The procedures that the electronic administrative dispute went through.

The study ended with a set of results, the most important of which is that the concept of administrative dispute in Islamic law is more comprehensive and broader than its counterpart in statutory systems, because it includes every dispute that is one of the parties to the state or a person of common law, beside every person who has the authority or authority or A relative of the one who has the prestige, or who has influence and a thorn, which fears with him the inability to implement the judgment of his elimination, and also from him, that there is an agreement between positive systems and Islamic law in the possibility of adopting the idea of electronic administrative dispute, And that the Sharia does not oppose this idea because it achieves the speed and justice achieved, without wasting the guarantees of litigation stipulated in Sharia law, and there is also an agreement between the two systems regarding the procedures that the electronic administrative dispute goes through from its shelf using the means of modern technology and ending with the issuance of a ruling in it.