ظاهرة الفساد الإداري للموظف العام، الأسباب وطرق المعالجة، دراسة بين الشريعة الإسلامية والقنون اللبيبي
This study tackles the phenomenon of administrative corruption of public employees; a comparative study between Islamic jurisprudence and Libyan law, which though ostensibly concerned with crimes of public employees as they embody the core of administrative corruption. However, it does not only inte...
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| Summary: | This study tackles the phenomenon of administrative corruption of public employees; a comparative study between Islamic jurisprudence and Libyan law, which though ostensibly concerned with crimes of public employees as they embody the core of administrative corruption. However, it does not only intended for a specific crime, but also goes beyond that to the philosophy of such behaviour which constitutes a crime and thus requires a discipline. It also investigates the impact on the public post, and the administrative system of the state, as well as methods of jurisprudential and legal and administrative treatment which could be used to face that phenomenon. This can be achieved by standing on the concept of administrative corruption, its different forms, manifestations, causes, effects and ways of encountering them. In this study, the researcher followed a descriptive approach to investigate this phenomenon and to be familiarized with all its aspects: the researcher described the status quo of research topic with the analysis of the elements and reasons for their occurrence by keeping track of the details of the issues of administrative corruption of the public employees in Libya along with issues related to administrative organizations, causes of corruption, ways to prevent it and methods of the feasibility of treatment in the light of Islamic jurisprudence and Libya law. The study relies in most stages on the comparative approach, where the researcher conducted a comparison between what is contained in Islamic jurisprudence and what is in the Libyan law in terms of administrative organization, public employees, terms and methods of appointment, supervision and administrative punishment and philosophy and effectiveness. Through this study, researcher found that administrative corruption has devastating consequence at all levels, in the state under the study (Libya) and proved the magnitude size of corruption and breadth of its constituency and the complexity of its links and the interdependence of its mechanisms and the seriousness of its causes which threatens the development process and the future of the Libyan society in depth, and thus increasing the seriousness of the matter and making it incubator environment for corruption. The study found out that what distinguishes the Islamic jurisprudence in this regard to man-made laws, is the extension of their provisions of the two aspects of the human personality that the law cannot reach at all. The first one is the ideological and second is the society aspect allowing it to develop preventive measures outside the framework of legal obligation so not to fall in the scourge of administrative corruption. The researcher recommends adoption of Islamic principles in the management of public institutions and recommends the deployment of Islamic values between those working for public administrations and the staff, and to strengthen religious faith and activate self-censorship among them. |
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