Yüksek LisansAçık Erişim

Relationship between supervisors and officer according to Islamic administrative law

2025
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Danışman: Dr. Öğr. Üyesi Mehmet Bahattin Alphan

Özet (EN)

This research has treated the superior-official relationship in a multi-faceted manner in the context of Islamic law and Islamic administrative law. This administration that has been evolved according to the fundamental sources of Quran, Sunnah, ijma and qiyas has introduced a model of management based on individual responsibility coupled with institutional discipline. The Prophet Muhammad's pattern of public administration during the years of Medina and the state institutions of the Rashidun years constituted the moral, legal, and administrative foundation of the relationship between the superior and the official. In this, concepts like justice, competence, merit, protection of trusts and public interest were examined as well as administrative ethical norms. In the research, administrative and jurisprudential foundation of limits between the use of power by the superior and obedience of the officer has been found; namely, criteria associated with right commandment and obedience have been examined on the basis of the verse "Obey Allah, the Prophet and those in authority from among you" (an-Nisa, 4/59). Legally enforceable orders, obligation of disobeying repressive orders, obligations of public officials, discipline principles and the theory of accountability have been discussed with critical reference. Besides, the opinions of Islamic jurists like Maverdi, Ibn Taymiyya, Ghazali and Imam Shafi'i have been incorporated and the approaches of the classic period and contemporary public law norms have been compared. Comparison has been drawn between the judicial behavior of administration in contemporary legal systems, ethics standards of public service, the Civil Servants Law No. 657 and contemporary principles of public administration and the basic principles of Islamic law.

Yazar

Rojda Taş

Bu Yayına Nasıl Atıf Yapılır

Rojda Taş (Master Thesis). Relationship between supervisors and officer according to Islamic administrative law, 2025, Hakkari University.

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