The impact of the criminal act on the functional bond in Iraqi law and Islamic law, a comparative study

Our message, tagged with (the impact of the criminal act on the functional bond in Iraqi law and Islamic law, is a comparative study), where the subject of the functional association is of great importance to the employee and the administration, considering that the job represents the living resource and the social status of the employee. Through it, the administration manages public utilities.

The question must be answered in a statement (what is the impact of the criminal act on the functional bond in Iraqi law?) and what is the (the effect of the criminal act on the functional bond in Islamic law?), and since some criminal acts are considered a disciplinary and criminal offense at the same time, so the study dealt with In its contents, a statement of the impact of disciplinary crime on the functional bond in Iraqi law by focusing in the study on the cases of disciplinary termination and the ruling on canceling the disciplinary termination decision and the competent authority to terminate the study. Disciplinary crime and the effect of its commission on the employee’s association with the administration, and then study the effects of the penal crime on the association by analyzing the legal texts that showed the terminating effect of the functional association and studying the impact of the symptoms of the penal judgment on the decision to terminate in Penal Code No. (111) of 1969 and in State Employees Discipline Law No. (14) of 1991 and in the previous repealed and related laws, which we explained in the writing of the study The impact that Islamic Sharia has on the penal crime by knowing the conditions and specifications required by Sharia in the person who takes a certain job, and by losing one of these conditions, the employee is not fit to remain in the job by being guided by the texts of the hadiths of the Ahl al-Bayt (peace be upon him) and the opinions of some jurists, and it was taken into account in writing The study, analysis and deduction in its chapters, is based on sound sources and references. The thesis culminated in the results and recommendations reached by the researcher, and the most prominent of these results are the precedence of Sharia in setting general rules that show the terminating effect of the functional bond.