الرقابة على أعمال الإدارة بقطاع غزة في ضوء الشريعة الإسلامية للأعوام 2007-2020

(Monitoring the Administrative Operations in the Gaza Strip According to the Islamic Shari’ah during the Period of 2007-2020)

Abstract

Abstract

Administration is meant to safeguard the public interest, but sometimes the actions taken by those in charge disregard this noble objective. It is therefore incumbent on those responsible to ensure that an effective monitoring mechanism is in place to ensure that the administration is adherent to the administrative standards and legal regulations to secure the public interest. The existence of various mechanisms of monitoring are already part of the religious, legal, systematic, and methodological aspects of Islam. The comprehensiveness of these mechanisms surpasses that of man-made systems in their effectiveness. Due to the bitter circumstances that occurred in Palestine in general and the Gaza Strip during the years 2007-2020, that witnessed the conflict between the ruling authorities in the Gaza Strip and in the West Bank, this research will try to focus on the issue of monitoring the administrative operations in the Gaza Strip during the said period through the inductive and descriptive-analytical approaches. It concluded that there were weaknesses in monitoring the parliamentary, administrative, and judicial administrative operations in the Gaza Strip, due to the political division. It also concluded that the practical foundations for parliamentary, administrative, and judicial monitoring over the administrative activities are already mentioned and discussed in the Islamic Sharīʿa through various rulings and models. This research recommends the necessity of ending the Palestinian political division, activating the Legislative Council in a constitutional manner, and arranging for legislative elections to be held. This is to settle the administrative and legal conditions in the Gaza Strip and remove all obstacles for the Palestinian government to exercise its natural role in managing ministries and government institutions in the Gaza Strip, as well as to apply the law on adjudicating administrative disputes in the West Bank and Gaza Strip. In addition to that, a serious endeavour to implement the principles of Islamic Shari’ah in monitoring the administration operations in the Gaza Strip should be initiated.

Key words: Monitoring, Administration activities, Gaza Strip, Islamic Shari’ah.