To project the legal publice funds in the Palestinian legislative study compared the provisions of Islamic sharia

Abstract

This study tackles the issue of legal protection of public funds in the Palestinian legislation in comparisonwith the rulings of Islamic Shari'a. This has been carried out through clarifying the nature of the public funds, its sources and standards, and clarifying the regulatory framework of its protection in the Palestinian legislation compared to the Islamic law. In addition, the study highlighted the guarantees set by the Palestinian legislation andthe Islamic law to protect the public funds. The study alsoclarified the extent to which thesefundscould be disposed of and the relevant conditions and authorized people in this regard. This isaccording to the articles of the Palestinian legislation and the rulings of Islamic Shari'a as stated in the judiciary and Fiqhverdicts. The authorimplemented the comparative approach, and the descriptive analytical approach to conduct this study by explaining the nature of the public money and the stated ways ofits protection in the Palestinian legislation compared to the Islamic law. This is in addition to clarifying the reality of the public money protection in Palestine, and the offered guarantees in this regard through analyzingthetextsof law and Shari'a. The study was divided into three chapters. The first chapter presented the nature of public funds, its sources, and its standards. The second chapter discussed the issue of organizing the protection process of public funds. The third chapter was devoted to presenting the protection guarantees of public funds and their applications. The study reached several conclusions and recommendations. Most importantly, the study concluded that the Palestinian legislation and the Islamic Shari'ahad surrounded the public money with a proper protectionto guard it from any corruption acts. The study also concluded that it is permissible to dispose of public money within the framework of several conditions and controls specified by law and Shari'a. The lack of these conditions means the nullification of the public money disposal. The study recommended a set of recommendations.Most importantly, the study recommended that disposal of public land should be among the authorities of the Palestinian Legislative Council. It is essential to issue a specific law in this regard. This is because this issue is a sensitive matter that affects the resources of the state and the right of the future generations in them. This means that any defect in this regard would cause damage to the public interest.