The principle of reward and punishment for the public servant in Iraqi law and Islamic law, a comparative study

Author:
Hayder Fadil Hashim AL-Jaberi
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Seyed Ali Mirdamad AL-Najaf Abadi

Our message, tagged with (the principle of reward and punishment for the public servant in Iraqi law and Islamic law, is a comparative study), where the principle of reward and punishment represents an important pillar in the management of public facilities and the reform of the job system and the reform of the employee, because the neglect of the legislator or the administration of this principle leads to a defect in the job system and equality of the efficient and committed With the laws and job duties with other employees who do not abide by them, the method used in the study was an analysis and comparison method.

In its contents, the study seeks to clarify the principles and contents of reward for the public servant in Iraqi law and Islamic law by searching for those principles, certifications of reward, procedures for rewarding the employee and the authority competent to issue them in Iraqi law, and then clarifying the principles of reward from the Holy Qur’an and the honorable Sunnah and certifications of reward in Sharia and the competent authority to reward The employee in the Sharia, let us then move to the comparison between the principles of reward in law and Sharia, and the comparison between the contents of the reward in the law and its contents in the Sharia, and giving preference to one over the other, and then clarifying the principles and contents of punishment for the public employee in Iraqi law and Islamic Sharia by searching in the principles of punishment in the law and with which Principles of taking Iraqi law and a statement of the contents of disciplinary penalties for the employee in the Disciplinary Law of State and Public Sector Employees No. (14) of 1991 and the contents of penal sanctions in the Iraqi Penal Code No. (69) of 1969, i.e. penalties for crimes that violate the duties of public office, and then a statement of the principles of punishment Islamic Sharia And a statement of the contents of disciplinary and penal penalties in Sharia, and then the study compares between the principles of the law Analyze the law and the principles of punishment in the Shari’a. It also compares the certifications of punishment in the law and the certifications of punishment in the Shari’a.

The thesis culminated in a conclusion that included the most prominent findings and recommendations reached by the researcher.