The Principle of Non-Retroactivity of Administrative Decisions

Abstract

This study addresses the issue of the principle of non-retroactivity of administrative decisions. The importance of the study stems from its discussion of an issue that directly affects the rights of individuals before issuing decisions that may change their legal position. The significance of the study also lies in its review of the position of Islamic jurisprudence on the principle of non-retroactivity. The objective of the study is to identify the nature of the principle of non-retroactivity of administrative decisions and the position of Sharia and UAE law and judiciary on it. To achieve the objectives of the study, the researcher adopts the descriptive-analytical approach. One of the most important results of the study is that Islamic Sharia pioneered in adopting the principle of non-retroactivity of administrative decisions. The study also concludes that the UAE legislator, similar to the Islamic Sharia, clearly stipulates this principle under Article (112) of the Federal Constitution of 1971. The study reaches a set of recommendations, the most important of which is the necessity of approving Sharia provisions in all fields because it is the most capable of achieving justice and repaying injustices. The study also recommends the complete implementation of the principle of non-retroactivity of administrative decisions, and that there should not be exceptions except to fulfill a right, to achieve justice for the oppressed, or to apply a legal provision.