Authority and its impact on regulating the objective elements of administrative decisions.

Abstract

This research examines the impact of religious authority on the substantive elements of administrative decisions, namely the cause, the subject matter, and the purpose, as these are essential components upon which the legitimacy of administrative decisions rests. The research begins with the premise that religious authority, derived from the rulings of Islamic Sharia, constitutes part of the value and legal system of public order in the Iraqi state, as stipulated in the 2005 Constitution of the Republic of Iraq. The research analyzes the role of religious authority in guiding the discretionary power of public administration to ensure the achievement of the public interest, the consolidation of the principles of justice and equality, and the prevention of arbitrariness and abuse of power, which in turn affects the soundness of the substantive elements of administrative decisions. The research also discusses the limits of this role in light of the principle of legality and respect for constitutional rights and freedoms, through an examination of the relationship between positive legal rules and the principles of Islamic jurisprudence. The research concludes that religious authority does not represent a mere formal or abstract moral constraint on the administration, but rather constitutes an objective criterion that contributes to evaluating administrative decisions and strengthening their legitimacy within the Iraqi legal system.