Jurisprudence facing the banking problem in the context of the modern government in Iran

Although banking is basically a new phenomenon, nevertheless, in Islam, there have been regulations for all kinds of economic and financial activities. With the formation of the modern government in Iran and the entry of new institutions, including the bank, the issue of its ratio and Sharia rulings has been the focus of jurists, and after the Islamic revolution, this topic has gained special importance. Since the system of the Islamic Republic is based on the theory of velayat al-faqih and the ruling jurist has a superior theory in system building, therefore, the difference of opinion of the jurists is not considered here. The main question of this article is, how is Islamic banking related to the modern government in the theory of velayat faqih? The hypothesis of the article is that the Shia jurisprudence and specifically the theory of the jurisprudence after the constitution with three theoretical innovations (thematics, the area of freedom of the Sharia, and fiqh al-musleha) has been able to absorb many phenomena of the new age and can adopt the same approach. For banking as well. Therefore, banking and money, in some ways, is a departure from many jurisprudence rulings, which is subject to the requirements of the modern era, and sometimes it is in the area of freedom of the Sharia, and sometimes it is a subject of the expediency of the government and the customs of the time. The article concluded that the capacity of dynamic Shia jurisprudence has been able to analyze and prescribe these new issues according to their institutional contexts. The method of the article is descriptive-analytical and the data has been collected in library and document form.