سلطة إعلان الحالة الاستثنائية في النظام السياسي الإسلامي والنظام الدستوري الجزائري -دراسة مقارنة-

Abstract

The declaration of an exceptional case is considered a circumstantial measure provided for in many constitutions to address the present threats that threaten the security of the state and the stability of its institutions; given the gravity of this measure in terms of its departure from the framework of normal legal rules in some cases, and its narrowing of the field of rights of members of society, the authority to declare this case, clarify its conditions and indicate the grounds on which it depends to ensure its legitimacy . As for the level of Islamic Fiqh, the scholars of sharia policy have addressed this situation in their jurisprudence discussions and unique legal system based on the origins of Islamic law and its general purposes is distinguished in terms of foundations, scope and regulatory rules than positive legislation.