المسؤولية التأديبية للموظف العام وفق نظام التنفيذ أمام ديوان المظالم دراسة مقارنة بالفقه الإسلامي د.. عبد الكريم بن عبد الرحمن اليحـيـــــى

Abstract Research Title: Disciplinary Liability of Public Employees under the Enforcement System before the Board of Grievances: A Comparative Study in Islamic Jurisprudence Researcher: Abdul Karim bin Abdul Rahman Al-Yahya This research aims to: -Examine the disciplinary liability of public employees under the Enforcement System before the Board of Grievances and in light of established Islamic jurisprudence, and to clarify the consequences of failing to enforce administrative judgments, including holding the employee accountable and imposing the legally prescribed disciplinary penalties. -Identify the disciplinary penalties resulting from failure to enforce administrative judgments, based on the provisions of the Enforcement System before the Board of Grievances. -Identify the disciplinary sanctions prescribed in Islamic jurisprudence for a public employee whose conduct results in failure to enforce judicial judgments. Methodology: The research adopts a foundational comparative approach. Major Findings: -A public employee’s refusal to enforce a judgment does not constitute merely an administrative organizational error; rather, it gives rise to personal disciplinary liability. The Enforcement System before the Board of Grievances refers such cases to the competent oversight authorities for the application of the provisions of the Civil Service Discipline Law, thereby ensuring the effectiveness of administrative deterrence alongside judicial protection. -The independence of disciplinary proceedings and the protection of the public interest demonstrate the close relationship between disciplinary liability and the administrative enforcement system. The continuation of disciplinary proceedings is not contingent upon the wishes of the judgment creditor seeking enforcement; therefore, the latter’s waiver or withdrawal of the enforcement request does not extinguish the State’s right to hold the non-compliant public employee accountable, in order to safeguard the authority of administrative justice and the public interest. Keywords: Disciplinary Liability; Public Employee; Enforcement System before the Board of Grievances; Civil Service Discipline Law.

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