قراءة في مصدرية الشريعة الإسلامية للتشريعات

Abstract EN

Talking about the source of Islamic law in national legislation does not start from the constitutional article which states that (Islam is the religion of the state), or (Islamic law is the source of legislation), or other constitutional texts.

Rather, it starts from the methodology of the fundamentalists in defining the concept of source, and its hierarchy, as the understanding of the source within the legal structure is a thorough and deep fundamentalist understanding that contributes to knowing how to make Islamic law a source for other positive national legislation, and this is what the research has worked on.

The first topic of this research deals with the methodology of the fundamentalists in determining the source, and their division of the sources of Islamic jurisprudence into one source of origin only, which is the Holy Qur’an, and revealing sources that begin with the Prophet’s Sunnah, consensus and measurement, then the rest of the sources, and these revealing sources derive their legitimacy, validity and reliance on them from the Qur’an The generous one, as it is the origin of the assets, the basis of the Islamic legislative structure, and then the principles that follow from this division, which in fact make the legislative structure more tight and controlled.

As for the second topic, the discussion of the constitution dealt with the basis of its legitimacy, the law, the regulation and the decision, as they are the sources of judicial judgment, and then the hierarchy of these sources.

And it is not permissible to violate the source higher than it.