نشریه مطالعات فقه اقتصادی
سال چهارم شماره 2 (پیاپی 13، تابستان 1401)

The discussion of the quality of civil proceedings is one of the most important and, of course, somewhat neglected issues in civil proceedings, which is based on three elements: fair trial, reduction of procrastination and reduction of court costs. In this article, an attempt has been made to explain and analyze the economic elements of the quality of civil proceedings with emphasis on jurisprudential sources.

This is a leading descriptive-analytical article using a library method.

In different stages of writing the article, ethical and scientific principles have been observed, including the scientific and accurate use of scientific resources.

The findings indicate that the principle of rationality and normality of litigation costs, the principle of transferability is the most important principles and components governing civil litigation costs that have an important impact on the quality of litigation and fair trial. There is also a consensus among the jurists regarding the prohibition of paying court fees, and the only difference of opinion is regarding the judge's dependence on the treasury.

It is necessary that there is a reasonable and normal agreement between the costs of the proceedings incurred and the value obtained from the proceedings. In order to achieve this, addressing the principle of proportionality is a clear example of a fair trial and it is necessary to identify the dimensions of this principle.

Hajj as a religious practice is of special importance among Muslims and all peoples of the world, but also has economic functions on the development of Islamic countries, which is addressed in this study.

In the present study, a descriptive and analytical method is used to examine the status and function of Hajj in the development of Islamic societies from a jurisprudential perspective.

Arresting the poor, developing relationships with others, introducing the economic achievements of Muslims and creating legitimate wealth are among the jurisprudential attitudes towards the economic function of Hajj. In the current era of Hajj business, the WTO is available under Article 24 of the 1994 GATT.

In the present study, ethical principles such as accuracy in referring and citing jurisprudential and first-hand sources have been observed.

Hajj is a spiritual and devotional practice, but from economic aspects such as trade and commerce, tourism development, introduction of the Islamic model of development and interaction with other countries through a tendency towards a kind of regionalism as stated in Article 24 GATT 1994. Has been, has the ability to benefit.

Women's occupation has always been a topic of discussion. In this article, an attempt has been made to study women's occupation in the family economy from the perspective of jurisprudence and law.

This is a descriptive-analytical article using the library method to investigate the question.

In this article, the originality of the texts, honesty and trustworthiness have been observed.

The findings indicate that the issue of women's occupation has been accepted from the perspective of jurisprudence and law. Of course, women's occupation in jurisprudence and law is subject to conditions. Islam does not fundamentally forbid occupation and earning for women, and in most jobs it considers women to be safe. Women's occupation can play an effective role in helping the family economy and improve the economic conditions of the family and society.

Paying attention to the working and occupation situation of women and guiding them to the labor market can provide the ground for better use of this potential force in society. In general, to improve the occupation conditions of women, which leads to their greater participation in work and presence in society, and as a result, the material and spiritual progress of society.

One of the most important issues that has been less addressed and largely neglected is the effect of extinction in the transaction on the economy with a legal jurisprudential approach; That is, what effect does the abrogation of the option clause have on the compensation in the transaction, and in the event that one of the parties has abrogated his right of choice, and on what grounds can he receive damages? In the present article, the mentioned subject has been studied.

This is a descriptive-analytical article using the library method to examine the question in question.

In this article, the originality of the texts, honesty and trustworthiness have been observed.

The findings showed that the abolition of option clause in the transaction from an economic point of view does not necessarily mean non-compensation and in the light of jurisprudential rules such as the Rule of prohibition of detriment and the rule of Indigestion and embarrassment and legal principles such as unjustified possession, it can be accepted that despite It is still possible to cancel the right of termination, compensation.

The right of option clause is revoked if it is realized that option clause is only a means of compensation and with the elimination of loss, t

The financial rights of the couple are affected by the customs and conditions in which the couple lives. Accordingly, the purpose of this study is to examine the position of custom in determining the financial rights of couples from the perspective of Imami jurisprudence.

To investigate the present issue, a descriptive and analytical method was used, relying on Islamic jurisprudential and legal documents and sources.

Building a life together based on love, cooperation and self-sacrifice. In order to achieve these original and fundamental criteria, we need to consider the changes and changes in law, duties, and consequently the legal system in Islamic society, which is called custom.

The present study has been made possible by considering ethical considerations such as accuracy in sources and scientific references.

Establishing custom means the importance of regulating rights and duties in the family system, paying attention to temporal and spatial conditions, not going beyond the universal standards of Islamic law, and prioritizing the sanctity of the family system and the couple's life over minor matters.

The role and impact of property as a solid legal entity on criminal litigation becomes more obvious and its analysis necessary, changing the course and fate of a criminal lawsuit due to the acquisition or non-acquisition of ownership of the perpetrator or the victim on the property of the subject of the crime.

This research is of descriptive-analytical type and the author has conducted the research by library method and preparing receipts and referring to various laws, regulations and articles.

The research findings indicate the significant role of ownership in the realization of the subject of criminal litigation and also its design.

In the present study, fidelity in speech quoting has been considered by the authors as a moral requirement.

In case of non-possession of the property of the innocent person on the property of the subject of the crime, the realization of the criminal act and the subject of the criminal lawsuit will be eliminated. The effect of ownership on criminal claims related to confiscated property is relative, and in the case of common property, with the exception of destruction and theft subject to hadd, it leads to the annulment of a criminal act and the filing of criminal lawsuits.

The economy in the lives of the people of society plays an alternative role and cannot be ignored because of direct contact with the lives of the people, and cannot be ignored in any way, but also affected the religion and the resurrection of man. the aim of this study is to explain the criminal policy of iran in the face of economic crimes from the perspective.

The present paper is descriptive - analytical and the research tool is one of the library sources.

" The establishment and maintenance of economic order in the fight against sabotage in the economic system and economic offenders is economic. the fight against economic crimes also causes economic order and prevents harmful effects of disturbance in the countrys economy.

From the beginning to the end of the article, the principles of integrity and fiduciary duties have been established.

The criminal policy of Iran faces many challenges in the face of economic crimes. the most basic of these challenges and uncertainty can be pointed to the lack of comprehensive explanation of the concept and purpose of economic crimes, the extent of the cases, the way of adopting criminal policy and the degree of its suitability and effectiveness

Rent-seeking is one of the manifestations of corruption, the effects of which are very significant in the field of economics. The present study seeks to investigate the effect of rent-seeking on economics from a jurisprudential perspective.

The method used in the present study is the analysis of criminal content and reference to jurisprudential texts, legal documents, articles and research written in this field.

Bribery has a variety of information, economic, political, social, educational, judicial and security rents and is a manifestation of oppression and corruption due to providing access to some and depriving others. In jurisprudence, practical rent-seeking has been declared ugly and forbidden.

The present study has been written based on ethical principles in referring to and using jurisprudential sources and first-hand texts.

Economic prosperity requires productive work and effort and avoidance of methods that allow some to access the benefits and deprive others. For this reason, rent causes inequality, oppression, as well as the formation of mafia gangs of wealth and power. Islamic jurisprudence opposes illegitimate amassing wealth, including rent-seeking.

Economic development and political system have reciprocal effects on each other. The present study seeks to investigate the role of economic development in maintaining the Islamic system from a jurisprudential and legal perspective.

The present study is qualitative and theoretical. The method used is also descriptive-analytical and referring to documentary sources including jurisprudential sources.

Economic development in Islam, if based on the revival of the dead and the spread of work culture, the use of charity and the denial of usury, the promotion of endowment and moderation and avoidance of luxury, important legal consequences such as deprivation, poverty alleviation, creation Peaceful relations between the people will lead to the denial of dependence on foreigners, the strengthening of the Islamic system and the establishment of justice.

In the present study, fidelity in the use of resources and accurate referral has been observed.

The model of Islamic economic development that can be achieved in the shadow of economic security, in practice should implement the elimination of deprivation, creating satisfaction among the people, providing services and promoting the economic model of Islam based on the interaction of material and spiritual affairs. In this case, the people are satisfied with the political system and the political system is protected from internal and external threats.

Adjustment and updating the value of dowry is one of the important issues that is discussed from a jurisprudential point of view. This article tries to examine the important approach of jurisprudence in this regard and how it can be evaluated from the economic point of view of dowry adjustment.

The present type of research is theoretical and the research method is descriptive-analytical and the method of collecting information is library which has been studied by referring to books and articles.

The findings indicate that from a jurisprudential point of view, Adjustment and updating the dowry is a matter of controversy; Some believe that it is possible to adjust the dowry based on the devaluation of money, and some other jurists do not allow the adjustment of the dowry under their definition of money. Among the jurisprudential rules, the rule of deducting a certain obligation, more than any other rule and theory, explains the modification and improvement of dowry. From a legal point of view, however, the dowry adjustment is accepted, and if the subject of the dowry is cash, the wife can request pricing or a calendar at the current rate, as the cash loses its value over time.

In different stages of writing the article, ethical and scientific principles have been observed.

The most important economic dimension of dowry adjustment is economic fluctuations and a sharp decline in the value of money in society, which has made dowry.

The issue of Ownership transfer and loss of property before receipt is one of the issues in today's transactions that the study of its concept and on the Ownership transfer effects is necessary and this article this issue studies.

Thise article is Analytical descriptive and uses the library method.

In this article, Originality of texts, honesty and trusteeship Has been complied with.

In the sale, as soon as the contract occurs, the seller is the owner of the price and the customer is the owner of the seller. but according to rule of wasted object before taking, the seller loses the seller's property and not the customer's property. It is known as a seller The Ownership to the buyer as a result of the contract is transferred. But the exchange commutative warranty remains with the seller until cession is made.

The contract of sale, is a clear example of Proprietary contracts. Before cession, if the sale is lost, the seller must return the price for the lost property to the buyer has received. The presence of cucumber makes the commutative warranty even with cession not disappear. Therefore, the presence of cucumber in the contract of sale means that even with the surrender, the guarantee of the seller against the loss of the seller is not lost.

The purpose of this paper was to investigate the role and function of credit cards in interest-free banking in Iran. Credit card speeds up receipts and payments through electronic banking leading to improved banking performance. Regarding credit cards, when the customer

In this study, statistical data collected from 40 experts in banking issues in 2020 was analyzed using a designed questionnaire. In order to investigate the performance of credit cards in the country's banking system, factor analysis method and regression model was used to extract the basic components.

In all stages of writing this research, while respecting the originality of the texts, honesty in fidelity has been observed.

The results of this study indicate the high impact of bank card satisfaction index and familiarity with the functions of credit cards in the operation and use of credit cards in the country's banking system. The results of this study also showed that the bank's efforts to use efficient equipment, provide new banking services in a wider range of banks, improve the required infrastructure of electronic banking and pay attention to the wishes and preferences of customers can increase the level of satisfaction. Customer loyalty and attract more customers and use more credit cards.

Based on the results of this study, it is stated that the proper functioning of credit cards in the country's banking system requires legal rules appropriate to interest-free banking and also the existence of economic and social infrastructure.

Meritocracy is one of the important issues of administrative law that has not been considered much from a jurisprudential point of view. In this article, an attempt has been made to study this concept from a jurisprudential perspective and its impact on the Providing public services.

This is a descriptive-analytical article and the library method has been used to study the subject.

In this article, the originality of the texts, honesty and trustworthiness have been observed.

Merit is a concept of administrative law that also has a moral aspect However It is emphasized by jurisprudential sources and from the jurisprudential point of view, there are two dimensions of expertise and commitment. From the point of view of verses and hadiths, positions and situations are a divine trust, and the worthy, meaning those who have commitment and expertise, can better take care of the divine trusts and get things done. In addition Verses, narrations, and the tradition of the infallibles, especially Imam Ali (as), the importance and necessity of meritocracy indicate. the appointment of pure and worthy people to the position of people's affairs by those great men, and expresses the importance and necessity of meritocracy shows.

From a jurisprudential point of view, meritocracy in providing good public services to citizens by creating efficiency, justice and a healthy administrative environment is effective. Merit also prevents corruption and promotes the fair distribution of public services in society.

Decent work is one of the important categories of labor law that has not been considered much from a jurisprudential and economic point of view. In this article, while examining the components of decent work, the jurisprudential point of view in this regard and its role in economic promotion is explained and analyzed.

Thise article is Analytical descriptive and uses the library method.

In this article, Originality of texts, honesty and trusteeship Has been complied with.

Decent work is explained on the basis of human dignity in terms of both human rights and human development. Abolition of forced labor, freedom of association, prohibition of child labor and minimum working age, collective bargaining, employment protection, protection and social security are among the characteristics of decent work. The components mentioned in Islamic jurisprudence have also been greatly emphasized.

Decent work is a multidimensional concept that, in addition to the quantity of employment, also pays attention to its quality, and as a result, to better work pays attention. Decent work is one of the pillars of sustainable development and all-round growth of nations, which in promoting the economy by supporting employment and productive work, creating a sense of commitment, responsibility and motivation, reducing poverty and increasing productivity, paying attention to women's labor force is effective.