فصلنامه اقتصاد اسلامی
پیاپی 86 (تابستان 1401)

Today, in most societies under the control of the capitalist system, goals, systems and strategies are focused on achieving maximum economic growth; In addition to the adverse economic consequences, this targeting has caused irreparable serious damage to the individual and social spiritual body of human beings. Marginalization and neglect of the spiritual dimension of man along with trying to deviate, personalize and use spirituality as a tool for economic purposes are examples that occur in overt and covert under the effort to achieve greater economic growth. Contrary to what has emerged in conventional economics, following the economic teachings of Islam and making them operational at the social level not only avoids the dangers to the individual and social spiritual body of human beings, but also uses economic tools to promote human spirituality. Takes. In addition to the intertwined material and spiritual dimensions of human nature and, consequently, the correlation of material and spiritual needs, has created a close relationship between improving economic conditions and individual and social spiritual development. In this research, using the "data-based" method, the existing relationships and expressing the quality of the impact of economic progress on Islamic spirituality have been studied. The results show a constructive relationship between the components of economic progress and the promotion of Islamic spirituality if the causal, intervening and contextual conditions are met positively. The sum of positive economic elements presents a comprehensive "bio-faithful" strategy for achieving the most optimal situation for achieving both economic progress and Islamic spirituality, and expresses specific theoretical and p

Given the limited financial resources for the implementation of micro and macro projects، as well as the available liquidity that can be the source of adverse economic effects، the accumulation of public capital and the injection of these resources into the real sector of the economy can be very helpful. Therefore، in this research، in order to make the process of providing resources more efficient and taking in to account the capital market capacities as a platform for financing the production and consolidation of public capital، the investors’ behavior and the structure of the capital market was analyzed according to principles,regulations and rules; Because understanding the behavior of brokers can help policymakers and executives to improve or reform the existing structure. Accordingly، by explaining the reality of economic action of individuals from the perspective of behavioral economics، an attempt has been made to examine the appropriate structural model. Considering behavioral biases as an index of deviation from the rational man subject of conventional economics، the relationship between the five biases of eventism، loss avoidance، overconfidence، familiarity and self-documentation with the decisions of capital market brokers was examined through structural equation method and lisrel software.The results suggest a significant and positive relationship between behavioral biases as independent variables and investors' behavior as a dependent variable and indicate that brokers are not necessarily rational under the influence of these biases. In the second part of the study، by recognizing the behavior of the broker and considering the socio-economic actions of the Iranian people influenced by Islamic teachings on one hand، and the rich Islamic economic and financial literature on the other hand, Islamic capital market as a structure appropriate to the economic actions of Iranians based on a panel of experts and data-based theorizing method has been studied and proposed.

The unique specificity of Islam is no falsifiability of some rules, such as divine law banking usury. This current study assessed the cognition rate about the definition and concept of usury, and acquaintance with a theoretical framework in two types of usury and non-usury banking. The research method was a field study, and the statistical population involved 9708 employees of a private bank from all over the country in 2020. Using Cochran's formula, the 369 employees were selected as a sample by cluster sampling and needed data gathered by questionnaire. The results of data analysis by SPSS software showed that 33.6% of employees in terms of acquaintance with definition and concept of usury, and only 11.9% of employees in terms of acquaintance with a theoretical framework about two types of usury and non-usury banking system have achieved to required quorum, that means 15 from 20 scores, which had been determined by experts. Therefore, the training must be implemented for executors' awareness.

Over the past 100 years, three approaches have been presented in the literature about the nature of the bank, including "financial intermediation", "Deposit Multiplier", and "money creation" theory of banking. In the present article, using analytical-descriptive method, these three perspectives are analyzed and the compatible approach with the reality of modern banks is introduced. Besides, the precise investigation of the laws and regulations regarding usury (interest) free banking in Iran, especially the definitions, the contracts between depositors and the bank, and the mechanisms designed for dividing bank income from Joint/Non-joint activities, shows that these regulations are designed based on "financial intermediation approach".In order to increase the consistency between these laws and regulations and the nature of modern banks, recommendations are made, including definitions for banking operations and deposits; amending contracts related to depositing (Wakalah and Qard-al-hasan); and modifying the method for identifying and sharing bank revenues between the bank and depositors. Nevertheless, regarding the relationships between banks and the central bank, and also among banks in the interbank market, serious problems can arise, which make the compatibility between the modern bank's nature and the regulations for usury free banking almost impossible, through the use of Wakalah theory. Accordingly, continuing attempts to eliminate usury form banking system, based on the financial intermediation approach (the current ruling approach), will not be fruitful. Although as a short-term strategy, the above suggestions can be useful, but a fundamental and long-term approach to eliminate usury from the financial system necessitates different arrangements and institutions from modern banks.

The view about risk and how to deal with it, is very various in finance and economics. When faced with risks, the choice that is available is to take the risk, transfer, shifting or share the risk. This study aims to draw a conceptual framework of risk in Islamic jurisdiction and show Islamic finance encourages risk sharing in its many forms but generally discourages risk shifting or risk transfer. The results of this study shown that four principles of risk sharing in Islamic finance is "the legitimacy of income-generating of risk-taking”, "the direct relationship between the rate of risk-taking and income", “prohibition of an element of uncertainty in a contract” and “necessity of jointing risk with labor or capital”. Also based on these principles, the operational components of risk sharing in the Islamic financial that is “mutuality in bearing risk”, “State‐contingent claims” and “Asset‐based financing” that Pursuing these goals brings the financial system closer to the risk-sharing model.

One of the most widely used methods in deferring non-current receivables in partnership contracts is to use the method of converting the contract into other facility contracts.One of the most important jurisprudential challenges in converting partnership contracts into other facility contracts is the existence of serious suspicion of ignorant usury from the perspective of an important criterion such as serious intent. is included in.The present article, which uses the method of content analysis, while examining the existing jurisprudential views regarding the legitimacy of usury with reference to the criterion of serious intent, has dealt with the pathology of the method of deferral of partnership contracts through contract conversion. The results of the research indicate that the forms of serious intention that eventually lead to the occurrence of ignorant usury are significantly present in this practice.Due to the complexity and neglect of procrastination methods and customers' lack of knowledge about the nature and provisions of procrastination contracts, it can not be logically imagined to conclude a contract with a serious intention by the bank and customers. At the stage of concluding the contract, even if we consider the intention to mean the intention to sign and not the ultimate cause, the transaction is flawed in terms of the rule of compliance with the intention.