دلالة النص على مبادئ الشريعة الإسلامية في مشروع الدستور الفلسطيني وأثره في تنظيم وعمل السلطة القضائية

Abstract

The research theme denote the text on the basis of Islamic law as a source of legislation in the draft constitution, whatever formulation and its impact on the organization of the judiciary, through a statement intended to Islamic law and principles, as well as the intended legislation in Islamic law and the statutory law, and the statement of the difference between the formulas multiple substance of Sharia as a source of legislation, and the impact of these formulations on the provisions of the Constitution and ordinary legislation, and then the statement of the organization of the judiciary. The research found a set of results most important of that is no contradiction between Islamic law and the Palestinian law in general regarding of the organization of the judiciary. Through the results that have been reached in this study researchers recommended regarding the formulation of the base of the principles of Islamic law in the Palestinian draft constitution to be drafting: the original principles of Islamic law are the main source of legislation. With regard to the legislation governing the structure and functioning of the judiciary to form a committee to review the existing legislation (ie, prior to the Constitution), and work to clarify or remove what may be among each other and with the principles of Islamic law opposes, and it modified in accordance with the principles of Islamic Sharia.