Administrative liability for errors of illegality among administrative law Islamic jurisprudence is a comparative study

Abstract

The error of illegality is a mistake that the management commits، and it results in its administrative responsibility.  The administrative judiciary has settled that the error of illegality always leads to the invalidity of administrative decisions and the cancellation of them، and does not lead to the accountability of the management and the judgment on compensation، unless the error of illegality is of a certain degree of gravity.

The administrative judiciary assumed that objective errors of illegality are always of a degree of gravity، while formal errors of illegality are not of a sufficient degree of gravity، and do not entail the responsibility of the management in all cases.

The administrative judiciary is responsible for considering compensation claims in administrative liability while the Islamic grievances judiciary is responsible for considering grievances in the Islamic state and it is considered the theoretical and practical basis of the administrative judiciary in its contemporary concept. However، there are differences between them that indicate the brilliance and superiority of the Islamic grievance’s judiciary over the administrative judiciary.