The optical element in accordance with the present invention comprises a substrate having a light transmission ability and a fixed liquid crystal layer formed on the substrate. The fixed liquid crystal layer is composed of liquid crystal phase sections in which a liquid crystalline compound is fixed in a liquid crystal phase state and isotropic phase sections in which a liquid crystalline compound is fixed in an isotropic phase state.The layer thickness of the liquid crystal phase sections is larger than that of the isotropic phase sections, and the liquid crystal phase sections are formed so as to protrude with respect to the isotropic phase sections.