Administrative Investigation as One of the Guarantees of the Public Servant in Iraqi Law and Islamic Law

Administrative investigation occupies great importance within the scope of disciplinary responsibility, as expressed in some Islamic Sharia legislation and Iraqi law, and this interest comes from the fact that administrative investigation indicates that there is a default by the trusted employee or responsible for his job duties. The research aims to know the administrative investigation as one of the guarantees of the public servant in Islamic Sharia and Iraqi legislation. granted by law to the competent authority to investigate, in implementation of the principle of ensuring the functioning of the public utility in pursuit of the public interest. The study followed the comparative analytical descriptive approach, and concluded a number of results and recommendations, the most important of which is that the Iraqi legislator entrusted the authority to conduct the administrative investigation to the presidential authority or the direct executive director, and to form an investigative committee from among its members who have an initial university degree in law. The decision to refer to the investigation was considered a mere preliminary procedure, not a final administrative decision, and the Iraqi legislator did not address a very important issue in the field of administrative investigation, which is the detachment of personal tendencies, unlike Islamic Sharia, where the honorable and sacred texts stipulate it. The study recommended that the Iraqi legislator draw on Islamic law and its sources in the legal texts that it legislates for the purposes of administrative investigation.