The Defining Standards for the Effectiveness of the Ruler's Permission in Elevating the Damage Compensation.

This study deals with the range of effectiveness of the ruler's permission in elevating the damage compensation in Islamic jurisprudence. The ruler's permission in Islam includes both the permission for an act or the commanding of it. In the contemporary language, the ruler's permission is the set of rules and laws that the nation and its institutions issue in order to organize the act of giving licenses and permissions in the different sectors of work and life. This study concluded that the Islamic scholars have decided upon a set of standards that limits the effectiveness of the ruler's permission in a way that reflects the refusal for the idea of absolute monarchy in an Islamic state. Furthermore, it emphasises the principle that the ruler must be supervised and held responsible for his actions . Therefore, the ruler has the ability to elevate the damage compensation when the following set of standards is realized: 1-Iif the injurer used his own right or property. 2-The absence of infringement .3-The realization of "Maslaha".4- The absence of harm (zarar) and social disutility (mafsadah) .5- Customs and culture. 6- The existence of the necessary precautions. 7-The addition of a legal aspect to the acts and the promulgation of laws accordingly. This study recommends the necessity of allocating these sets of standards with a detailed and applied examination for the reality of people's lives in their daily business and affairs, as this has an effect in achieving the goals of self-preservation and the protection of property from any damage that could generate from the state's prior permissioned or non-prior permissioned acts. [ABSTRACT FROM AUTHOR]