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