نشریه مطالعات فقه اقتصادی
سال دوم شماره 4 (پیاپی 7، زمستان 1399)

Crimes with economic and financial nature are among the major challenges in today's world. In the criminal policy of Islam, dealing with such crimes is very significant and in the penal system of Islam, the acquisition of such income is illegal and forbidden, so prevention is a basic tool in any country.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Factors leading to the spread of economic crimes come in various forms. There are examples of prevention strategies in Islamic sources and texts. The importance of this issue is that besides understanding the Islamic view on economic crimes, the initiatives in those sources should also be used to develop practical methods for effective and workable solutions in Islamic society.

it seems that the criminal policy of Islam offers the best and simplest methods for crime prevention.

Some financial rights and obligations arise from marriage between the parties, which in some way explain the economic structure of the family in our legal system. The financial rights of the couple are in fact aimed at regulating the authority of both parties to the marriage in the family and reflect the position of each couple in the power structure in the family.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

An analysis of the jurisprudential rulings on family jurisprudence also indicates the importance of Islamic law in "preserving the family and strengthening its foundation." The most important rights arising from marriage for a woman are the right to demand dowry and alimony, the right to imprisonment and the right to divorce arising from the condition of marriage, which in some cases the exercise of these rights leads to the loss of the husband.

A woman who demands her dowry and alimony before starting a cohabitation, although she uses her right, but with this action, if the husband does not want to pay it, the foundations of the cohabitation will be shaken and it is obvious that due to the social problems caused by this, legal authorities should also take measures, but it seems that the theory of abuse of rights in such cases can be cited. Therefore, the prohibition of abuse, which is rooted in the harmless rule of jurisprudence due to its dignity, is also considered.

In today's world, any society that wants to achieve increasing progress and greater prosperity has to exchange goods and services with other societies. But the dangers of trade in the international world have made it very difficult.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Exporter and importer, both natural and legal persons living in different countries, due to insufficient knowledge of each other and the existence of many risks; They are concerned about the fulfillment of the provisions of the commitment and, consequently, the payment process.

Conflict of interest, unfamiliarity and unsafely caused some mechanisms exist. One of them is letter of credit that is most usable and popular. It provides the interests of buyers and sellers and decreases the risks.

One of the values and rights of individuals in society is to establish social order. Behaviors contrary to social order change according to time, needs and goals. It is the legislator who, according to the social interest or necessity, can consider anti-social order behaviors as sanctions and anti-social at any time.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The jurists' arguments about the damages of delay are not strong enough. If the legitimacy of receiving this compensation is viewed from the perspective of justice and fairness, the argument of the jurists in this regard will be strengthened.

Violation of a moral or religious duty can become a criminal phenomenon. As a result, the existence of late payment damages can both provide a kind of deterrent, prevent future damages, and leave no irreparable damages.

The ecosystem blockchain is self-regulatory, the birthplace of a concept such as digital currency. Blockchain is an initiative that was unveiled in 1991 by Stuart Haber and Scott Storrenta. Digital currency is a nascent and emerging concept in the world of technical and legal literature, and it is certain that any emerging concept needs to be explained and then legislated. Because following its emergence, many legal jurisprudential challenges arise.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The most important issue with digital currencies is its volatility. Although people knowingly deal with instability, it can be considered an irrational risk. The uncontrolled inflow of virtual money without considering the monitoring and supervision of the government is likely to cause the violation of the rights of individuals in society.

Given the issues presented, digital currencies can be considered as money without backing and if they are known as money or means of exchange, they will be considered as property and assets for individuals. He also prescribed the use of this type of asset in the current society due to the old and inefficient economic laws.

Unlawful acts of public chastity and morality are among the crimes that the legislature criminalized in the years before and after the revolution. However, the exact definition and scope of these crimes are not provided in either the law or jurisprudence, and only examples of these crimes are mentioned, all of which are limited to sexual crimes; While many behaviors are formed in the society, most of which have injured public decency and none of them has been criminalized in the realm of these crimes.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The economy and the crimes that take place in its field is one of the behaviors in today's society, due to the financial needs and poverty caused by factors such as unemployment, addiction, lack of meritocracy and... They occur, affect public decency more than other behaviors, and in a way, in today's society, behaviors are formed in the field of micro and macroeconomics, at the governmental and non-governmental level, which have destructive effects on public opinion.

Some of the crimes against economic chastity is so widespread that it not only transforms the economic situation of individuals in society for a long time, but in many cases overshadows the chastity that is legally and morally necessary for economic actors, and to prevent and treat this situation, Because the components of chastity are more moral and internal, such as greed, overselling, embezzlement, and so on... There is no solution and no executive guarantee. In other words, lack of economic chastity in the macro-government sector affects both the economic chastity of the private sector and the wounding of public chastity in society.