تكييف الانتخاب : دراسة مقارنة في القانون الوضعي و الفقه الإسلامي

Abstract EN

Elections are the best way to achieve the supposed match between the will of the rulers and the governed.

this represents a compromise between the subordination of the people and their sovereignty over them.

the election is therefore a means of communication between the rulers and the governed and a tool for achieving congruence between political decisions and the will of the people.

the legal studies differed among themselves in explaining and describing this meaning, and in this sense came several theories, as differed around the study jurisprudence in Islamic jurisprudence definition and characterization, and compared them summarizes the researcher to the results of scientific discipline is closer to health and statement.

which is what the researcher tries to reach in this paper, following a comparative approach, in which the researcher compares ideas in positive law and Islamic jurisprudence.