Considering and analyzing the foundations of legality of policy -making in Islamic economy

Forming an Islamic politic economy as a functional part of Islamic economics which is a result of combining the existing situation of Islamic society and desirable Islamic aims, is conditioned to occur some preliminaries including identifying a method of attributing economic policies to Islam. This paper evaluates the relation of economic policies to Islam in three domains: position, impacts and content. As to the position and effects, Islamic political economy means that the policies are to be driven from recognition of the Islamic society`s situation and to pursue the economical norms and aims of Islam. Regarding the content and structure, the competence of recognizing an Islamic political economy rests on the knowledge of principles of jurisprudence. In this research, five couples of jurisprudential principles were introduced: precept - criterion, unchangeable - changeable, first - secondary, obligatory - conventional, and degree one - degree two. Based on the findings of this research, economical policy is pursuing to maintain the criteria of Islam in the field of economy, and it is a kind of changeable percept; by exercising the first policies in mantaqat al-firagh (the subjects have no specific jurisprudential precepts) and by utilizing the conventional precepts, this policy establishes the necessary contracts and institutions, and by defining the duties of each institution, it forms the behaviors. Each policy utilizes the first titles of precepts in order to identify the criteria and benefits the secondary titles for maintenance of criteria.