مبدأ تقييد سلطة الحاكم في الفقه الإسلامي : الأسس و الطبيعة و الغايات

Abstract EN

The principle of restricting State power is one of the most important constitutional principles in the modern state system.

This study aims to show the foundations on which this principle is based, the types of restrictions, and their objectives, all from the point of view of Islamic jurisprudence.

This research followed the descriptive approach by tracking the texts of jurists related to the subject and analyzing them in order to reach the desired results.

The research concluded that the principle of restricting the ruler’s authority is based on three foundations, i.e., Allah has the absolute authority above everyone else, the authority originally belongs to the ummah, and that there is a contractual obligation between the ummah and the ruler.

Also, this research concluded that the restrictions on the authority of a ruler has different forms: legal and moral restrictions, contractual restrictions, and restrictions based on the benefit of ummah.

Likewise, the research concluded that the effectiveness of this principle is in the religious and worldly responsibility of the ruler and in the right of the ummah to monitor the ruler and to hold him accountable through the Shūrā council.

The purpose of considering this principle is to stay under the sovereignty of Allah Almighty first, as He is the absolute ruler, and then to respect the ummah as they have the rightful authority essentially, and the ruler is only a representative of it.