Establish legal provision in the presence and absence of the guardianIn the liberated areas (Applied Juristic Study)

Abstract

 In this research an explanation of the meaning of the legal Rulings and the meaning guardian in language and convention. The origin when this word is released goes to leaders and princes. It includes astatement of what Allah has called the commant of the nation, in terms of preserving the nation, jihad and the policy of the people's matters, in return for that the legal rights of the guardians in support and advice and obedience, but their obedience is restricted by not being in the impiety of Allah. Moreover, their judgments and actions related to the interest of people, and that the general matter of the people is to the Imam. In addition, it is not permissible for anyone to establish a bounndary, to punish a judge or impose a ruling without the guardian in his presence. Whereas in his absence, as the real case in the liberated areas in northern Syria, what the people has agreed upon and understood about in terms of bodies, governments legitimate assemblies and courts have authority to be obeyed. As long as these provisions do not violate law and take into account the interest .