A Critical Examination of Jurisprudential Surveillance in the Iranian Banking System, with Some Judicial Corrections

Jurisprudential surveillance has been considered as one of the major components of the proper implementation of Riba-free banking policies, and is industriously accomplished in nearly all of the countries which have somehow proceeded to float Islamic and Riba-free banks. There are some serious deficiencies in this connection in the Iranian banking system, the most important one of which is the Riba-free Banking Operations Law and the other relevant regulations and law's being silent in this regard. In this research, which has been done by the descriptive-analytical method, we have proceeded to analyze the issue of the existing banking relation's being correspondent with the jurisprudential standards, and some policy recommendations in connection with implementing the jurisprudential surveillance on the Iranian banks and non-bank credit institutions have been proposed. Furthermore, in order for the judicial grounds of jurisprudential surveillance to be provided, we have presented an exemplar of the necessary regulations and laws in the three following levels: "adding a new separate chapter in the field of jurisprudential surveillance to the Riba-free Banking Operations Law", "formulating a statute for implementing this judicial chapter in order for the central bank's jurisprudential assembly to be formed," and "preparing jurisprudential surveillance checklists for bank branches".