حماية المال العام في التشريع الأردني و الشريعة الإسلامية : دراسة مقارنة

الملخص EN

This study focuses on the extent to which the Jordanian legislator adopts the theory of public money and gives the administration the necessary means to protect it, which will give the public interest a preference over the private interest.

In this paper, it discusses the nature of public money through the definition of its concept, the criterion of distinguishing it from other funds, the definition of public money and its items, and the statement of the right of the state to ownership or ownership of the property.

We have also addressed the protection of public money in the laws of the situation, including Jordanian law and this protection in the Islamic jurisprudence and the extent of the keenness of the Sharia to protect this money, and it has established controls to ensure not to attack him.

This study consists of three topics, which included the first part of the study of public money, and it was divided into three demands.

In the first requirement, we dealt with the criteria for distinguishing public funds in positive law.

The second requirement is the criteria for distinguishing public money from private in Islamic jurisprudence.

And the nature of the right of the state.

The second topic dealt with the protection of public money in positive law through two requirements dealt with the first demand civil protection of public money in Jordanian law, and in the second demand we dealt with the protection of criminal in it.

As for the third and final topic, we discussed the protection of money in the Islamic jurisprudence and through the two requirements we dealt with the first demand the concept of public money in Islamic jurisprudence and in the second demand the concept of private money in Islamic jurisprudence.

The third requirement is the protection prescribed for public funds in Islamic jurisprudence.