Conflict of Interest in Public Office between Islamic Sharia and Libyan Law

Abstract

This study examines the phenomenon of conflict of interest in public service and its direct impact on administrative performance in Libya. It reviews fundamental concepts, Sharia foundations, and applied models of conflict cases in both law and Islamic jurisprudence, while discussing the role of oversight agencies and the legal consequences resulting from this phenomenon. The research concluded that the absence of a unified legal definition and the fragmentation of legislative texts have weakened the effectiveness of legal control. Conversely, Islamic Sharia provided a solid and comprehensive jurisprudential foundation to address the phenomenon through rules such as "blocking the means" (Sadd al-Dhara’i) and "warding off harm." Furthermore, the results revealed that Libyan oversight agencies lack full effectiveness in detecting conflict cases due to limited resources and overlapping jurisdictions, which resulted in negative impacts on honesty, integrity, and public trust in the administration. The study recommends legislative intervention to enact a unified and comprehensive law on conflict of interest that constitutionalizes the principle, alongside strengthening the material and human capacities of oversight agencies and enhancing coordination between them. It also emphasizes the importance of drawing inspiration from Sharia principles to build a professional culture based on honesty and the prioritization of the public interest, through organizing intensive training and awareness programs for officials and employees to ensure administrative integrity and the protection of public funds.