جريمة اختلاس المال العام بين التشريع الإسلامي و القانوني الأردني

Abstract EN

actThe research dealt with embezzlement from several considerations: First: It has two concepts، a general concept، which is the kidnapping of private money and escaping with it، and it is the concept of the forerunners of the jurists، and a contemporary concept according to contemporary jurists and legal scholars.

Second: It was found that his punishment is punitive، and there is no interruption in it.

Due to the existence of a suspicion that covers the limit، which is a type of neglect on the part of the owner of the money in preserving it، and the possibility of knowing the embezzler and being caught.

Third: There is also a special concept، which is the attack on public funds that belong to the state، and it is the most obvious and closest to mind now، when the word “embezzlement” is used، and its image is an attack by a state employee on funds that he is entrusted with keeping.

Fourth: The jurisprudential adaptation of the crime of embezzlement makes it revolve between the crimes of theft and breach of trust.

And that the closest images to it in advanced ages are theft from the treasury and the looting of booty.

Fifth: The jurists differed regarding her torment، after they agreed that it was a major sin.

Their statements revolved around three statements (the first): It is a crime to infringe on money in which there is suspicion of its ownership، so it is not considered theft، and therefore it is not interrupted by suspicion، which is the opinion.

from the audience.

(Second): It is theft that includes pieces، and it is the doctrine of the Malikis.

The third is for and the Zahiriyya، which is that it is a crime of theft by an officer، and that the embezzler has a share in the screening.

Sixth: Sharia worked to prevent the crime of embezzlement by finding means to preserve public money، and also addressed the causes and consequences of embezzlement.

And put in place preventive measures to prevent the occurrence or spread of the crime of embezzlement of public money.