Principles of Administrative Reform in Government Organizations A Comparative Study between positive Systems and Islamic theory

Author:
Ali Qasim Abdul Hassan Al-Sarai
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2020
Publisher:
URD Press
Supervisor(s):
Alireza Tabatabai

The success of any development program depends on the progress that the government has made in reforming the executive apparatus of that program, and that is why it is important that the process of administrative reform be prioritized in national programs.

Therefore, the present study has stated the principles of administrative reform in government organizations, which is a comparative study between positive law systems and Islamic theory.

This study explains that there are several principles for implementing administrative reforms in Islamic theory and positive law systems that have been observed in nature or these principles exist in the manner in which a particular system is constructed.

The principles of any system are what are recognized by its users as its basic features and indicate the purpose of its design or the mechanism of its effective implementation, whose principles can not be ignored and whoever violates these principles has exposed himself to legal action.

The research method was the implementation method and data collection tools including literature review and thesis and related studies and then the use of comparative research method For this purpose, we collected the elements of the subject that were scattered between the theoretical laws of Islam and the rules of positive law systems and their similarity in the two sets has been the basis of administrative reform in government systems, so the comparison is within the framework of Islamic theory and positive laws.

The present study has concluded that the most important obstacle to administrative reform in Islamic theory and positive law systems is the instability of the political, social and economic situation and the lack of transparency in the purpose of administrative reform and the existence of a class of employees in different administrative ranks whose interests are corrupt and Administrative deviation is related.

In the continuation of this research, it has stated the effects of corruption and has provided some recommendations to deal with it.

This study also shows that legal compatibility is deeply related to the principles of administrative reform in positive law systems, which is achieved through the realization of the criterion of total oversight and general annex theory.

But compatibility in Islamic theory involves specifying the definition of the rules of religion or law for an event, and sincerity, fidelity, justice and teamwork are its most important principles.

Regarding the legal strengthening of the principles of administrative reform in positive law systems, it should be said that it is influenced by several factors, the most important of which are geographical, natural, political and technological factors.

We have also explained that the legal basis for administrative reform in the positive laws is nascent, and the administrative law is a flexible and expandable judicial law.