استغلال الوظيفة للإعتداء على المال العام وعقوبته في الفقه الإسلامي والقانون العراقي : دراسة تقويمية /
Money is lifeblood, the source of a country's urbanization, and one of the most important pillars of a state. Islam gave special attention to money and its preservation; it considers safeguarding it as one of its comprehensive principles, and outlawed to a great extent taking it illegally. The...
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2013
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| Subjects: | |
| Online Access: | Click here to view 1st 24 pages of the thesis. Members can view fulltext at the specified PCs in the library. |
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| Summary: | Money is lifeblood, the source of a country's urbanization, and one of the most important pillars of a state. Islam gave special attention to money and its preservation; it considers safeguarding it as one of its comprehensive principles, and outlawed to a great extent taking it illegally. The aim of this research is to investigate the exploiting of the occupation to abuse public money; it also intends to expose the forms of abuse, and the penalties imposed by the Islamic jurisprudence and the Iraqi law; in addition, the study states the precautionary measures in Islamic jurisprudence and law to prevent the crime of public money abuse, and thus sheds light on the methods of its treatment in light of the objectives of Shari'ah and Islamic legislative policy. The researcher has used the inductive method, in tracking the views of Islamic jurists, referring to the original sources from authoritative heritage books and contemporary references on Islamic jurisprudence, and finding in this regard the legal provisions contained in the Iraqi Penal Code. The research is also based on the method of critical analysis to deal with exploiting the occupation to abuse public money and its punishment in the Iraqi law; it outlined the views of the Islamic Legal Schools on this offence, with an evaluation in the light of the Islamic legislative policy and objectives of Shari'ah, and backed by a mention of their arguments which were discussed objectively. Possibly one of the most important findings is that the concept of abuse of public money encompasses any form of abuse or unlawful grabbing of money by an employee or a similar person to achieve personal interests, or partisan or factional purposes. Anything received by an employee in the form of money, gain, benefit, or privilege because of the exploitation, known legally also as “offense against the duties of public office”, constitutes an abuse and unlawful use of money, penalty of which is “ta'zir” (discretionary punishment) in the Islamic jurisprudence; this latter is a flexible system that accommodates all the various criminal aspects in all their forms, and can be extended to any novel form of abuse. Finally, treatment of the phenomenon of abuse of public money in Islam also could be made through instilling the Islamic doctrine, values related to faith, moral ethics and education, as well as inculcation of religious determent in the soul, a good selection of personnel, effectuation of the institutions of society, and establishment of justice in the distribution of public money. |
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| Physical Description: | [xii], 237 leaves ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 212-237). |