ظاهرة الفساد الإاداري للموظف العام ( الأسباب وطرق المعالجة) دراسة بين الشريعة الإسلامية والقانون الليبي
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 i...
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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 behavior 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 issue 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 Libyan 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 consequences 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 social 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 administration and the staff, and to strengthen
religious faith and activate self-censorship among them. |
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