مراعاة المآل و أثره في مبدأ الفصل بين السلطات

Abstract EN

We considered the first requirement to define the language and terminology of the authority، and then we moved to the definition of the authorities، namely the legislative authority، the executive authority and the judiciary.

Then we defined the separation of powers In the second demand، we discussed the future of language and terminology، its relationship with the purposes of the Shari'a، and then clarified the relationship between the consideration of the mechanisms and the legitimate policy، and we said that the separation of powers is one of the new provisions that are subject to its appreciation to the interest، which must take into account the circumstances of time and place and situation، The Consider the consequences of the acts and the outcome of the judgment.

As we have concluded، taking account of the consequences of acts has an effect on the principle of separation of powers، in terms of acceptance or rejection، with the interest of preventing tyranny and the realization of the purposes of Shari'a in justice and freedom.

It is one of the modern constitutional principles that do not conflict with Islamic political values، nor with the provisions of Islamic law.

Therefore، we have reached the need to adopt it in order to avoid injustice، individuality and misuse of power، except in emergencies such as wars، natural disasters and others.

The principle seems to me to be the introduction of the principle of separation of powers، unless necessary، so that، for a limited time، accompanied by reasons recognized by the people concerned، the introduction of the collection of powers.