الفساد الإداري في ليبيا : دراسة تحليلية في مسألة الاختلاس بين الشريعة الإسلامية والقانون الليبي

Abstract

Corruption is a scourge that human societies have known since ancient times. It is a problem which has spread to all countries including Libya, where administrative corruption in its forms has reached the authority’s levels without there being a punishment that fits this crime. This has led to a decline in construction, services and security as well, which has led to the spread of this problem in the institutions and departments of the state. Libya is among the ten most corrupt countries in the world and is ranked 170 out of 180 countries according to the Corruption Perceptions Index 2018. The cases of administrative corruption, including embezzlement, are in the hands of the administrators at government sectors due to their direct contact with the masses. Therefore, it is imperative to try to find suggested solutions to this problem in the Islamic law and Libyan law. The research objectives are to study and analyse the manifestations and causes of administrative corruption, to discuss the ruling and means of combating administrative corruption and embezzlement from the perspective of Islamic law, to explain the procedures of Libyan law in addressing embezzlement, to analyse procedures that address embezzlement from the perspective of Islamic law and Libyan law through a field study, and finally to analyse experiences of countries that have succeeded in solving the problem of corruption. Research on this problem has been based on a qualitative methodology; the descriptive approach has been adopted to observe and explain events, the analytical method to analyse the opinions and solutions provided by the respondents and to analyse the penalties decided by scholars and jurists; the experimental method to study the experiences of three countries that have succeeded in fighting corruption. Perhaps the most important causes of the research problem are that the Libyan law is somewhat outdated, hence insufficient to accommodate the changes in the modern era, and the absence of oversight and responsible authorities. The results indicate some means of control, including the introduction of Islamic law for disciplining, educating, preaching and guiding the societies, and then applying the penalty to the embezzlers with imprisonment, fine or both, which is the penalty prescribed in the Islamic law and Libyan law. The study concluded with some suggestions to overcome the problem, including reviewing the causes of administrative corruption and embezzlement, reinforcing religious morals, working on reforming the monitoring apparatus, trying to formulate the Shar’ia opinion in accordance with the gravity of the problem, improving Libyan law by making modifications or additions to suit the country's situation, and exploiting the modern media through social media networks and others.