السلطة التقديرية مفهومها و تأصيلها : دراسة مقارنة في الفقه الإسلامي و القانون الإداري

Abstract EN

Discretional Authority is considered to be one of the most important legal means which an administration enjoys in taking its decision, it also expresses its power (authority) in executing its plans.

•* Discretional authority has indeedment enough several stages until it finaly settled at the position which is known in the administrative law as a theory having a clear status and complete principles.

This research is an answer to whether the Islamic Jurisprudence know this of authority after clarifying its basis by studying the areas in which it is most wholy found, and to give a compited knowledge on its concept with comparision to is being set by scholars of French and Egyptian law and the judges of the house of lords in the bosh countries.

The research proved the precedence of Islamic Jurisprudence in knowing this authority in chapters dealing with the decree of obligation and accountability (responsibility) in Islam, the issues of Ijtihad i.e., exerting an the ability by a scholar in extracting a new rule the given Islamic sources, and issues of Al-Taazir i.e., the unspecified punishments, although the Islamic Jurisprudence did not set up a unified theory for that just in accordance with its usual method of treating issues in detail where it appears either in the chapters related to the books jurisprudence or in the books concerning the principles of Islamic Jurisprudence leaving to the researchers the burden of extracting the theories by gathering the issues from all the portions which they are likely to the found