حقوق وواجبات الموظف العام في نطاق الوظيفة العامة دراسة مقارنة بين القانون الوضعي العراقي وبين الفقه الإسلامي

In the light of the development witnessed by the state function, which has become involved in all aspects of economic and social life, so that no longer as in the past only interested in the performance of services citizens, but became a public servant a very important role in the conduct of the state and the implementation of its policy, Social and economic goals, and is charged with ensuring the performance of basic services for citizens. In this sense, the public official is the secretary entrusted to the public interest and representative of the will and prestige of the state and guardians of good regularity and work in them. He is responsible for doing his best to perform the service for which he has performed the best performance. If he violates his job duties or departs from its provisions, What he has done is a violation of administrative behavior that requires punishment and discipline. This study, entitled "The rights and obligations of the public employee in the field of public service - a comparative study between the law of positivism and Islamic law", began to define the general function and the public employee in the law of the job in general in Iraqi law. The scholars of Islamic jurisprudence, then the statement of the meaning of the term of the function of Islamic scholars. The study dealt with the rights of the employee in the Iraqi law compared to other laws and Islamic law. These rights consist of the financial and administrative rights established by Islamic law and proven by the provisions of the law. He then addressed the ethical duties that are related to the principle of good faith, Professional and experience gained by the employee, and then the need to treat the state in good legal and legal terms. The study dealt with the rights of the employee in the Iraqi law compared to other laws and Islamic law. These rights consist of the financial and administrative rights established by Islamic law and proven by the provisions of the law. He then addressed the ethical duties that are related to the principle of good faith, Professional and experience gained by the employee, and then the need to treat the state in good legal and legal terms. The importance of this study lies in the fact that it carries an important subject in itself and its nature. The public servant is considered one of the most important tools of the state - both the old and the modern state - the state can exercise its powers only by its employees who provide services to its citizens. The study will attempt to define the concept of the public servant in Islamic law and comparative civil service laws, guided by what the jurisprudents wrote and established the rulings of the administrative judiciary. The study is also important in that it seeks to clarify what is stated in the Shariah The Islamic year on employee rights and duties, and the decision of the positive law in this regard, adding new dimensions in rooting and forensic analysis of the formal subject of rights and duties of public servant, standing on the aspects of convergence and divergence in this area. Despite the importance of the subject of the study, however, the information about it was scattered among the different sources of study, which was not dealt with in detail, and dealt with the subject in specific aspects and in general, in the context of exposure to explain the Civil Service Law, or within the studies that dealt with the public office, The study of the concept of public servant from the point of view of Islamic law is an opportunity to highlight the principles and teachings of the comprehensive Lord of all transactions and human relations, and all the above gives way to the study. I have tried to reach some of the main objectives through this research, including but not limited to: a statement of the concept of the public employee, his definition, the conditions of assuming public office in Islamic law and positive law, including the Civil Service Law and the laws relating to the public office in Iraq and other countries One of these aims is to clarify the rules that define the rights and obligations of the public employee in the sources of Islamic law, as well as the rules and principles of positive law, including the laws relating to public service. The following approaches have been adopted in this research: The analytical descriptive approach, through reference to the sources of Islamic law and the scientific and jurisprudential references of books, studies, researches, periodicals and scientific seminars, whether in Arabic or in foreign languages related to the subject of the thesis The comparative study is also considered an attempt to provide a comparative analytical study by reading the provisions and rules that define the rights and duties of the civil servant in comparison with the Iraqi Civil Service Law and the Iraqi State Employee Discipline Law. Situation in France and Egypt. This message has been divided into an introduction, a preface and two chapters, as follows: Introduction: I mentioned the importance of the subject and the reasons for its optional and objectives and the methodology of the study and content and structure of the study, and gave thanks and appreciation to all those who helped me to complete this message, headed by my supervisor who worked with me until the letter reached its final form. I spoke about the definition of the employee and the job in the French, Egyptian and Iraqi laws, as I mentioned in the Islamic Sharia. Chapter 1: The rights and duties of the public servant in Islamic law, where Islam came in full approach to human life in various fields, and the provisions of the provisions of human happiness, and included the provisions of Islamic jurisprudence in many ways, including the provisions of the function, which is based on the principle of equal opportunities and equal rights To all employees without distinction, and the State guarantees the means of control in the application of this principle; therefore, it needed to indicate, and then the definition of the word job and synonyms of what they are called in the old age, and divided this chapter into two sections: The first topic clarifies the rights of the public employee in Islamic law. The second topic: I spoke about the duties of the public employee in Islamic law. - Chapter II: I devoted to talk about the rights and duties of the public employee in Iraqi legislation, and required this chapter to divide it into two sections: The first topic is the rights of the public employee in the Iraqi legislation. It talked about the financial rights. These rights include salary, financial allocations such as allocations of scientific certificates, full-time allocations, employment allowances, graphics, remote cities and other allocations. It is also the financial rights that the research referred to the employee's right to promotion allowances, promotions and vacations of all kinds, and other rights that the research explained in detail. The second topic: I talked about the duties of the public employee in the Iraqi legislation, including: the performance of the employee entrusted to the work honestly and a sense of responsibility entrusted to him. Including: Limiting the official working hours and not to absent from work except with acceptable excuse or obtaining prior permission. One of these duties is also the allocation of all official working hours, and not being preoccupied with things that are not related to his work. One of these duties - also - respect the employee for his superiors and the commitment of literature and fitness when addressing them, and the implementation of their orders. Including - also - the treatment of subordinates Hassani, and respect for citizens and facilitate the completion of their transactions and other duties that have been discussed to clarify the full and detailed. Then I followed the research with a conclusion in which I mentioned the most important conclusions that I reached during my study of the subject, and I spoke about the most important recommendations and proposals recommended by the research. A list of the most important sources and references, and the sources of research varied between legal and legal sources, and arranged these sources alphabetical order.