القضاء الدستوري في التشريع الاسلامي والقانون الوضعي

Abstract

This study aims to know the methods that the Islamic political system has legislated to prevent the tyranny of the ruling authority and push for unconstitutionality every decision that opposes a legal text stated in the Qur’an or the Sunnah or consensus, as the study showed the effectiveness of the methods applied in Islamic legislation.Moreover, this study targeted the meaning of constitutional control and its origin in positive law, showed its legal nature and mentioned examples of it in many countries of the world.We made a comparison between the constitutional judiciary in Islamic legislation and positive law in terms of ideology, as well as in terms of means of control, and in terms of the purpose and desired goal