قانون الطوارئ حقيقته و مدى مشروعية تطبيقه

Abstract EN

This study deals with two important issues related with constitutional law which is: the definition of emergency law, its essence, and the rule of its implementation.

And Jurisprudential study This study deals with two important requirements: the first requirement is the definition of emergency law, its characteristics, its sections, its motives, the effects of its application, how it is organized and declared, and judicial control over it.

The second requirement: The legality of the application of the Emergency Law by the general political mandate in the Islamic State.

The research concluded that: -the Islamic system which must be applied is divided into: constants that cannot be changed or stopped working when their conditions are met and their impediments have ceased; and variables, which change according to their purposes.

-The enactment of the Emergency Law is justified by a panel of Shari’a scholars and experts in the relevant fields The task of adjudicating cases involving violation of the Emergency Law can be assigned to special judicial chambers within the regular judicial institution, which is dedicated to dealing with the adjudication of these cases so that they can be expeditiously resolved while ensuring the rights of the accused.

Extraordinary courts are not authorized to carry out this task -It is justified that the Emergency Law regulates certain public freedoms and permissible by a number of regulations.

-The general political mandate is warranted to increase the costs for individuals for the greater good with a number of regulations.