The Aspects of the Discretionary Power of Management in Preventing the Risks of Crises, Disasters and Epidemics: A Jurisprudential Study Compared to What Is a Must in the Saudi System

Abstract

     Crises, disasters, and epidemics are among the exceptional cases in which the administration finds it compelled to resort to important and exceptional decisions to prevent the risks of these crises. This is to provide monetary and material support and provide the necessary financing to carry out this social duty, which is closely related to administrative control and the consequent public stability. This is to block sedition and its instigators, providing food security requirements and the necessary funding for the production or purchase of therapeutic vaccines and other necessary financial matters.

     From a legal perspective: Islamic jurisprudence is replete with many financial and economic legal rulings and policies, which found practical application during the ruling of Caliph Omar in Islamic history in the light of many rules and decisions of governance and administration in dealing with crises, especially in the year (Ramadah) (18 AH) and related restrictive decisions. Consumption and distribution controls available and getting the funds from Egypt's Ruler Amr Bin Al Aas.

     In this regard, the study has been divided into an introduction, three chapters, and a conclusion. The first chapter dealt with the aspects of the management’s discretionary authority and its impact on dealing with emerging issues, a comparative study. The second chapter deals with the discretionary authority and exceptional circumstances and their relationship to the issue under study.  The third chapter deals with the forms of administrative decisions related to financing crises and disasters epidemics.      

     The conclusion deals with the results and recommendations. Among the most important results are:

1. The obligation to share the burdens of famine, calamity, disaster, epidemic, and the like, and to make it obligatory for those who are able to do it.
2. Providing the necessary funding to ward off the risks of crises, pandemics and disasters is an obligation of the state through what is known as the intervention of public finances to prevent the harmful effects of these crises, but if the state’s finances are unable to do so, this duty is transferred to the wealthy, each according to his ability.

     As for the recommendations, the most important of them are: generalizing the outputs of this conference to all parties concerned with the subject, and increasing awareness of the Islamic Sharia approach in dealing with crises, pandemics, disasters, and epidemics, so that the entire nation is aware of this integrated approach.