Jurisprudential foundations of conflict of interests management

Conflict of interests is a situation in which a person sees his personal interests in conflict with the interests he is responsible for; These situations exist in different fields of legal relations, and their lack of management will cause a series of corruptions; Therefore, the ruler is obliged to identify these situations and to manage them and in order to avoid corruption or compensate them, he must make regulations. Now the question is, what are the jurisprudential foundations of solving the problem of conflict of interests and the need to manage it?There are several jurisprudential rules as the basis and documentation of the rulers' intervening and lawmaking in the field of conflict of interest management, which include: the obligation to avoid possible harm, the priority of the more important over the important, the priority of avoiding the corrupt over the gaining of benefits, the Shari'a function of Hasbah, and the obligation to avoid the evil. Considering that situations of conflict of interests are considered as important sources of corruption, the first three rules are solid documents for intervening and lawmaking in the field of prevention of these situations and also the need to get out of them. The rule of Hasbah as well as the obligation to dispose of evil is also worthy of use from the perspective of prevention (removal) and elimination (remedial) of the grounds for committing evil, which are situations of conflict of interest.