Authority in positive law and Islamic jurisprudence

Abstract

The paper discusses the idea of authority between positive law and Islamic jurisprudence. It indicates the importance of the existence of power and its legitimacy within society, since power is considered one of the important and necessary issues that directs members’ of society orders and organizes their life affairs within the state. Authority is the cornerstone of the state, and the inevitability of the relationship between it and the state as power is one of the three pillars of the state.
We show through this research: the meaning of authority in two different regimes, each of which has its own nature and the relationship of power to these two systems, the limits of that authority in positive law and its limits in Islamic jurisprudence, and what the controls that limit the victory of power and reinforce the existence of the legal state are.