التصور الفكري للحكومة للخروج من أزمة القيد على التصرف : دراسة مقارنة

الملخص EN

Restrictions on the part of a respective administrative body for the use of public utilities is among the crucial questions of today.

It falls within the broad spectrum of public interests.

Also, it has close relevance with Comparative Law.

The term Al-Tasarafat (discretion of use) is a relative term.

It applies, in general, on the transfer of property.

This transfer may assume various forms _____ sale; donation; gift; and charity.

Both competitive laws _____ man-made legislations and Islamic jurisprudence _____ concur that some of such Al-Tasarafat (discretions to use) stand in no contradictions.

On the contrary, such Al-Tasarafat are oriented to serve public interests.

Necessary licenses are issued.

These licenses ease the attainment of such interests.

This kind of development reflects manifestation of administrative action.

The latter is accompanied with financial return.

Upon its receipt, a respective license is issued.

In consequence, the crisis encountered by the Government is managed.

Restrictions imposed on Al-Tasarafat is relaxed through administrative agreements.

This agreement enables an entering party to organize, facilitate and accomplish the needs underlying the access of such public utility.

A constructive idea is thus forwarded.

It should gainfully be considered by different administrative decision-makers.

This idea unfolds that a public utility may be transferred.

The responsibility assumed by the Government may be shifted to the Directorate or Municipality in consonance to its conduciveness.

This kind of deal should serve public interests without any consideration.

Enjoining upon virtues and abstaining against vices).

Fourth expounds Al-Tauba (repentance against sins).

Fifth and the last incorporates legislations on conducive penalties against crimes committed.