The authority of the public administration to determine a financial reward for its retired personnel in Iraqi and Islamic laws

In this study, we have shown the financial penalty imposed by the public administration authority on the contracting party, its basis and legal scope, its types and characteristics, and what distinguishes it from other legal terms in Iraqi law and Islamic law, and the means taken by the administration in imposing the penalty on the contractor who breaches his contractual obligations. In accordance with the rules of law and the rules of Islamic law, this study also included the rights and guarantees of the contractor with the administration.

This study was distinguished from other previous studies, because it emphasized the rules of Islamic Sharia, and the administration should observe these rules in imposing the penalty on the contractor who breaches his contractual obligations, as the administration must take into account these rules when imposing the penalty, based on the text of the Iraqi constitution in Article The second first is that (Islam is the official religion of the state and is a basic source of legislation).

The main question in this study: How does the public administration authority impose a financial penalty on its contractor in Iraqi law and Islamic law?

main premise: The imposition of the penalty on the contractor with the administration is justified in terms of preserving the public money and the proper functioning of the public facility regularly, by reprimanding the contractor with the administration so that he does not neglect the achievement of a result, which is to complete what he pledged to accomplish with the administration and not be considered negligent and deserves the appropriate penalty from by the contracting administration.

And we got the results: The sanctions imposed by the administration have two meanings; The first is compensation for the damage incurred by the contractor as a result of the contractor’s breach of his contractual obligations, and the second is penalties imposed by the administration on the contractor with it as a result of the breach in the implementation of his obligations in order to aim at the rudder in the implementation of his obligations. negative impact on the public.

It has become clear to us that the financial penalty has two bases; The first is that the administration, when it imposes a penalty on the contractor with it, who breaches its contractual obligations on the basis that it is a public authority and has privileges in the field of administrative contracts.

Therefore, the Iraqi legislator granted the public administration privileges in imposing the penalty on the contractor with it unilaterally without resorting to the judiciary, and without proving the damage inflicted on it. The privileges granted to the administration are in violation of the principles of justice and equity, and do not conform to the provisions of the noble Islamic Sharia and its lofty rules, and in violation of the provisions of the Constitution.

The Iraqi legislator, when setting laws, did not take into account the provisions of the constitution or the provisions of Islamic Sharia.