نشریه مطالعات فقه اقتصادی
سال سوم شماره 2 (پیاپی 9، تابستان 1400)

From the beginning of the victory of the Revolution, the Islamic Republic of Iran was dominated by cultural, ideological, political, and economic confrontation with the liberal democratic system of the West and the world, and since the victory of the Revolution it placed. The theory of resistance economy at a time when the country is in economic and cultural war with the domination system and was proposed by Imam Khamenei, the wise leader of the Islamic Revolution, and its general policies were announced and communicated to the relevant institutions and organizations for implementation, Has characteristics that in this study, their various indicators are discussed.

The method used in this study is descriptive-analytical and referring to texts related to resistance economics, including the statements and views of the Supreme Leader of the Islamic Revolution.

In writing this article, ethical principles and rules such as citation, accurate and scientific use of resources are on the agenda.

The emergence of resistance economy has characteristics and indicators and programs, components and macro and long-term policies whose ultimate goal is to rely on indigenous capabilities and avoid foreign dependence on the one hand and exit the monopoly economy. In fact, it is a version that, in addition to fighting to overcome economic sanctions, is a long-term plan for development tailored to the local conditions and religious and cultural values of Iranian society.

The theory of resistance economics proposed by the Supreme Leader on the one hand has philosophical foundations and is based on worldview and ideology, and on the other hand is a practical theory appropriate to the local, climatic and local culture and conditions of Iran, the foundation of worldview. The theory of resistance economics is based on the negation of ordinary Western philosophy on the productivity of economics and also contradicts the humanist view of Western modernity and its positivist nature, and on the other hand has positive aspects based on divine worldview and transcendent human values. Because in Western culture, and especially in the capitalist system, the goal is mass production and mass consumption

Decisions about how to invest, produce and consume individuals, households, businesses and the government also affect other individuals who are not directly involved in the transaction, so one of the main topics in economics is how to compensate for this. Injuries and consequences. This article first deals with the issue of harm in jurisprudential literature and extracts the conceptual model of harm in jurisprudence, explains the problem of external consequences and then with reference to the response of Imami jurists in different categories and sometimes opposite in solving the problem of external effects to provide a model. Jurisprudence as an autonomous opinion in solving this problem.

The research method in this article is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

 In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

This article extracts the conceptual model of losses from Imami jurisprudence and determines the position of negative external effects as one of the types of losses, presents a jurisprudential model of eliminating external effects and finally compares the model with conventional economic patterns of Pygmy. And Kozi in two parts of troubleshooting the conventional pattern and the distinguishing feature of conventional models expresses the distinguishing features of this pattern.

Since the custom considers the side effects as harm and damage, so the "harmless rule" can be used as an important jurisprudential rule in the discussion of external effects and considers it necessary to compensate for the loss or its disappearance. A jurisprudential model for eliminating external effects, knowledge of the conceptual model of harm in jurisprudence is very important because in addition to recognizing the types of harm, the reporting of the conflict of side effects in jurisprudence is easy.

Impediment to Zakat is someone who resists receiving Zakat. The jurists have expressed the issue of the impediment to Zakat in the context of the jihad of the Baghi people, the aspect of which is the sharing of the Baghi and the impediment to Zakat in not following the ruling of jihad with the infidels.

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.

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

The Imam can fight with the impediment of Zakat, and this view has also been claimed by consensus. The narrations (Ahadith) that refer to disbelief of impediment to Zakat are interpreted as the severity of sin or on a degree of disbelief and are due to tolerance.

Since non-payment of Zakat is a sin, it is incumbent on the ruler or his deputy to force the obstruction of Zakat into obedience, and in case of fighting, his blood will be wasted. If the impediment to Zakat considers it lawful not to pay it, he is an apostate and his sentence will be murder.

Contrary to the jurisprudential rules and regulations of civil law, which seek the realization of rights and the establishment of justice, in which the cause is considered one of the pillars of any legal action, and the transmission of religion is absolutely affected by the initial relationship. The law of commercial documents is influenced by some legal systems, which consider such a transfer to be absolutely independent of the effect of the cause. The present study examines the limits of the separation of the document relationship from the original relationship in commercial document law.

This research is of theoretical type. 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.

In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The holder of a commercial document has transferred it from the previous holder due to the trust in the emergence created by its signature. Therefore, he has the right to refer to them to receive the amount stated in the document, even if the obligor of the document has good reasons for non-payment against the transferor. The main purpose of commercial law in general, especially commercial contract law and especially brotherhood law, contrary to the jurisprudential rules and regulations of civil law, is, first and foremost, to ensure speed and order. One of the means to achieve this goal is to neutralize the effects of pre-document relationships to maintain the integrity of your obligations.

From all the existing dim regulations governing you, promissory notes and checks in Iranian law, we can see traces of the separation of the document relationship from the original relationship. Due to the obsolescence of the relevant laws and the existence of inherent weaknesses, the commercial document rights of our country are far from the modern commercial document rights. To compensate for the existing shortcomings before the implementation of legal amendments, the legislative vacuum can be overcome by using the existing laws along with legal doctrine and jurisprudence and jurisprudential views.

Economic structures are among the factors influencing the formation of the political system and the way in which a political system is formed and sustained. Therefore, economic structures may lead to the formation of authoritarian ideas and militaristic tendencies in developing societies, including Iranian society. The present study has dealt with this issue in the first Pahlavi period.

This research is of theoretical type. 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.

 In the various stages of writing this article, while respecting the originality of the texts, the principles of honesty and trustworthiness have also been observed.

Disturbed economic conditions, lack of central economic system, lack of proper financial system to generate government revenue and spending on public affairs are among the reasons that led to the emergence of Reza Shah in the post-Qajar era. Also, the support of intellectuals and political elites for a powerful king has been one of the factors in the emergence and continuation of Reza Shah's rule.

Several conditions affected the continuity of militaristic and authoritarian thought in Reza Shah's time, including rent structure, the existence of a new landlord-based system based on the rise of the military and a circle close to Reza Shah, huge central government revenues from taxes, customs and oil, including There were factors that led to the independence of the Pahlavi government from the people and the tendency towards authoritarianism and militaristic thought.

Macroeconomic variables such as unemployment, inflation, government debt have an important role in the resilience or non-resilience of pension funds and the achievement of social rights, which are also considered in economic jurisprudence. In this regard, the present article examines the effect of the shock of macroeconomic variables on the resilience of pension funds and the achievement of social rights in terms of jurisprudence and using the SVAR structural vector auto regression model for the years 1350-1396.

The present study is a quantitative research and therefore statistical methods and models have been used. Specifically, the SVAR structural vector auto regression model was used jurisprudentially to look at the mechanism by which government debt shocks, unemployment, and inflation affect pension fund resilience and social rights.

 The present study was conducted by observing and considering ethical principles. The results of the research are original and in cases such as citations, references to documents and articles, the principle of fidelity has been observed.

Government debt shock with about 41% has the largest share of fluctuations and changes in expenditures and has posed a serious challenge to the resilience of pension funds and the achievement of social rights. The second place is occupied by inflation shock with a share of about 3%. Unemployment shock also had the lowest share of changes in total expenditure variance with about 2%. Therefore, threats of government debt, inflation shock and unemployment play an important role in reducing social security services and thus harming social rights from the perspective of jurisprudence.

Considering the results and structure of Iran's economy, the dependence of government revenue on oil and sanctions and the government structure are the main problems of Iran's economy. Therefore, Iran's economy needs a major overhaul of macroeconomic policy-making methods and structures, especially monetary structures and policies (such as giving positive anti-inflation messages with practical measures to reduce inflation expectations).

Freedom is one of the fundamental rights that is given special attention in all religions and legal systems. This principle has many effects. One of the important areas in which the principle of freedom plays a very important role is the field of economics. The purpose of this study is to investigate and analyze the effect of the principle of freedom in supporting national production as a way to achieve a resistance economy.

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.

The principle of freedom is a practical rule and has many subsets; At the same time, the resistance economy has several statements, one of which is the support of national production, which was used in the leadership statements in 1397 to name the year.

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

The principle of freedom and its various instances, including freedom of expression, political freedom, freedom of the press and the pen, have a great impact on supporting national production and the realization of a resistance economy by dominating the competitive environment in the field of economics.