الحماية القانونية لطاعة الرؤساء في قانون الوظيفة العامة الليي والشريعة الإلاسمية : دراسة مقارنة

Abstract

The study discusses the Legal Safe Guards for obeying leaders in respect to public duty in the Libyan Administrative Law and Islamic law. The definition of terms and concepts, as well as the origins of administrative law and theories that deal with obedience and its legal basis are given. The study also addresses the issues regarding administrative exemption from civil and criminal liability as well as the actual application of the Libyan and Islamic Judiciary to harmonize between them in order to find the effects in respect to leader’s obedience. The study also discusses the Act no. 12 of 2010 for the issuance of the Act of the service’s dealings and the Administrative Judiciary Act No: 88 of 1971. Some sections from Civil and Criminal Act which are related to obedience are also discussed in this study. The study also contains some judiciary judgments as well as the relevant principles of the Libyan Supreme Court, comparing them to the Islamic Law. Several methodologies have been used in this study, including inductive method; where legal texts and judiciary judgments have been extrapolated and the relevant jurisprudence theories have been discussed. Another method which has been used in this study is descriptive analytical method where texts and provisions have been described, analyzed and explained in order to find out the shortcomings in respect to the Libyan Civil Service Act. They are addressed by providing some suggestions and adding some sections as contributions by the researcher to enhance the Legislative field. The study has highlighted that safeguard in Libyan Law as well as in Islamic Law means practising duties by a subordinate towards his leader while enjoying his full rights, and obedience means following all commands which have been given by the righteous leader. Some recommendations on the laws to be activated and taken from the Islamic heritage as well as Justice to be implemented in terms of duties, rights and legal safe guards for everyone are also given.