دور الاعتبار الشخصي في عقد الاشغال العامة : دراسة مقارنة == The role of personal consideration at Public Works Contract ( Contrastive Study )
التنظيم القانوني لاموال العتبات المقدسة : العتبة العباسية انموذجا == Legal Regulation Of The Funds Of The Holy Shrines The Al - Abbas's Holy Shrine (Exemplar)
Author name:
انور محمد علي حميد القرعاوي
Supervisor name:
احمد شاكر سلمان الجراح
Abstract:
Depending on the high status , And the holiness of the jurists and the law. enjoyed by the holy shrines , As religious and cultural sites , And the containment of the pure bodies of Ahl Albait (peace be upon them) , It has been associated with the hearts of millions of Muslims , From all over the world , And they are already on the sanctuary of these holy places , And compete to provide them with financial tender , Cessation or vow or bequest or gift... , For this reason, the funds of the holy shrines have become the subject of the research and attention.The succession of previous governments, and their differences in the holy sites, according to their political orientation, have had a significant impact on the organization of the management of their funds, the extent to which the holy sites have reached the current stage, the development of expansion and construction, and the provision of services to visitors and citizens in their basic life. The legislation in force regulates the management of the sanctuaries , determines its financial resources and assigns its administrative functions toa department that operates in accordance with Shari'a and legal rules and under the supervision , and supervision of the supreme religious authority. The increase in the activities of the holy shrines, in various fields, makes them need legal regulation toregulate the movement of these funds, and enables workers to manage these sanctuaries to organize their affairs and carry out the functions and tasks assigned to them.In order to shed light on the issue of legal regulation of the funds of the holy shrines (the sanctuary of Imam Abbas as an example ), the concept of the funds of the sanctuary , the provisions of the management of funds, the control exercised on the management of these funds, the legal protection of these funds, The sanctuary of Imam Abbas is a model whose financial organization is the broader and more comprehensive organization than the other thresholds. To outline the subject in detail, we will divide the thesis into two chapters.In the first chapter, we will discuss the concept of the funds of the Holy Sanctuaries and their provisions. We will explain the definition of the Holy Sepulcher funds, the legal development of the management of these funds, the legal nature of these funds, and access to the provisions related to the management of these funds according to their categories. Of spending, access to the budgets included in sanctuary , and the extent to which they relate to the federal public budget of the state.The second chapter will be devoted to the subject of the supervision of the holy sites funds and their legal protection, through which we will show the extent to which the funds of the holy sites are subject to self - control.These are the internal control system, the internal control exercised by the members of the executive authority against the funds of the holy sites, and control of independent councils. We will also demonstrate the protection of administrative legislation, criminal protection and civil protection of funds of holy sites. We conclude this thesis with a number of conclusions and recommendations which we have reached through our discussion of the subject matter of the thesis.
