نشریه مطالعات فقه اقتصادی
سال چهارم شماره 3 (پیاپی 14، پاییز 1401)

Investigation of economic crimes is highly important in various aspects, including the effect on public order. In this paper, an attempt is made to investigate this important issue from a jurisprudential approach.

This paper is descriptive-analytical and the library method is used.

Ethical considerations:

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

Public order is of great importance in jurisprudential sources. Accordingly, economic activities that disrupt public order are considered a crime. Hoarding, the crime of disturbing the economic order, Embezzlement and bribery are among the crimes that have a negative effect on public order and therefore lead to punishments such as fines, imprisonment, and even execution.

Due to the importance of public order in jurisprudence, economic activities disrupting public order have been criminalized, however, criminal policy in this regard is faced with shortcomings and criticisms. Lack of guarantees of effective implementation, uncertainty of punishments, security approach to punishments, and lack of attention to correction and re-socialization of offenders are the most important criticisms of criminal policy regarding economic crimes that disrupt public order. Accordingly, it is necessary for the legislative to pay attention to eliminating the mentioned shortcomings.

Economic sanctions are one of the major problems and challenges in Iran that have negative impacts on different aspects of society, and coping with its consequences is one of the basic and important issues that should be studied. In this paper, an attempt has been made to examine the jurisprudential legal mechanisms for coping with economic sanctions.

The present paper is analytical-descriptive and library method is used.

The findings of the research show that there is no special approach in dealing with economic sanctions in jurisprudential sources, and to understand the jurisprudential views in this regard, it is necessary to use the general economic principles of jurisprudence, which implies a sound economy. From this view, coping with hoarding, underselling, bribery and economic corruption are among the most important mechanisms that, as components of a sound economy, are effective in creating a platform and mechanisms to counter economic sanctions. From a legal point of view, dealing with economic disorder and money laundering, monitoring financial and economic activities, and coping with smuggling of goods and currency play an important role in achieving a sound economy and creating a suitable environment for production, and therefore in countering economic sanctions.

From a legal point of view, the mentioned solutions have been considered by the legislator, but it is necessary to eliminate the existing legal shortcomings and monitor financial and economic activities to help production more than before.

The transmission of magnetic waves and its effect on public health one of the most important issues related to the right to health of citizens has been. In this article, the responsibility of the government in sending electromagnetic waves with the approach of jurisprudential rules is examined.

This article is Analytical descriptive and uses the library method. Ethical considerations: In this article, Originality of texts, honesty and trusteeship Has been complied.

Prohibition of harm to others is emphasized from a jurisprudential point of view. The well-known harmless rule in Islam and wastage rule are among the sound jurisprudential documents forbidding harm to others. Accordingly, transmitting electromagnetic waves is responsible from a jurisprudential and jurisprudential point of view, and the government is the guarantor in this regard.

Despite the jurisprudential and legal documents on the responsibility of the government in sending electromagnetic waves, proving the damage, establishing the causal relationship, especially in the conditions of multiplicity and community of causes has caused the discussion of government responsibility in this regard is difficult and compensation by the government is impossible.

based on the jurisprudential and legal scales, unauthorized transactions of the securities are greatly distinct from the other transactions. No matter under what title the relationship between the broker and the customer is analyzed, it is agency in essence and the broker should act within the scope of the granted authorities otherwise unauthorized transactions of the securities take place.

this is a theoretical research using descriptive-analytical method. The information has been gathered based on a documentary method through library research.

Ethical Considerations: 

meanwhile observing the content originality, the present study has been adherent to the principles of honesty and trustworthiness in all the stages thereof.

since not only the narrations and Hadiths but also the business expediencies of the transaction constitute the jurisprudential source of the unauthorized transaction, the authenticity premise of these types of transactions originate from the existing provisions considering the difference of the securities’ transactions from the other kinds of transactions.

as for the authenticity of the unauthorized transaction of the securities, one general criterion, considered always acceptable, cannot be pointed out for the unauthorized transactions rather a specific criterion should be taken into account in every case according to the provisions that are different from those pertinent to the transactions of other properties. .

The Article 100 Commission of the Municipalities Law is one of the most important specialized administrative authorities, whose votes have important financial effects and consequences. The issue of trial in the mentioned commission is one of the important issues that have been attempted to be investigated in this paper.

A fair trial is not observed in the Article 100 Commission of the Municipalities Law in some respects. Lack of independence and impartiality of the members of the Article 100 Commission is one of the cases of non-observance of fair trial in the mentioned commission. Open investigations, as a fundamental guarantee of fairness, are also a support tool for public trust and the judiciary, which is not observed in the Article 100 Commission. Moreover, the impossibility of the presence of the litigant and the lack of specific procedure rules and the observance of related formalities are in conflict with the rights of the litigants and are contrary to the principles of fair trial.

It is necessary to change the rules and regulations of investigations in the Article 100 Commission and consider the principles of independent procedure rules for investigating violations in this commission. For the independence of judges, strategies need to be taken into consideration to minimize the financial and employment dependence of judges in charge of municipalities. Investigations should be conducted in public and in person so that the litigants have the right to a fair defense and the rights of individuals are prevented from being violated.

There has been tremendous progress in the field of medical sciences in recent years. One of these developments is the issue of Xenotransplantation. The aim of the present study is that in cases of transplantation of an animal organ to a human being, if the organ is damaged after transplantation, is it possible to demand blood money?

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 findings of the present study show that in the field of Fiqh, there are two approaches: title-oriented and intentional (or result-oriented) approach. Examining the Islamic Penal Code, we will find that the legislature has accepted the approach of later jurists, that is, the intentional approach.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The intentional approach in Fiqh, by appealing to basic principles such as the principle of correctness as well as the variable of efficiency, and also taking into account the necessities in the society, issues a license to receive diyat in cases of damage to animal organs transplanted to humans. In the light of this, the Islamic Penal Code is not designed to prohibit such a sentence; Rather, it has implicitly endorsed this ruling.

Pecuniary punishments are among the punishments that have received more and more attention as a type of alternative punishment due to the inefficiency and costliness of imprisonment. In the present study, an attempt has been made to examine pecuniary punishment from the perspective of economic jurisprudence.

The present paper is analytical-descriptive and library method is used.

Ethical considerations: 

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

The findings show that the pecuniary punishment has important economic dimensions from the perspective of economic analysis of law. Not only does the pecuniary punishment remove the cost of imprisonment and detention for the government, but it can also be a source of income for it. On the other hand, it has the aspect of deterrence and intimidation, and therefore, by preventing the recurrence of the crime, it does not bear the cost of prosecution, trial and investigation on the judiciary.

Considering such important economic dimensions, as a result of the discussion, it can be said that in the form of a broad interpretation of discretionary punishment from a jurisprudential point of view, it was possible to extend the pecuniary punishment, especially for financially motivated crimes, and the legislature needs to use pecuniary punishments more and more.

The issue of financial seizure of Private limited companies is one of the important issues that in this article will be addressed.

Thise article is Analytical descriptive and the library method uses.

Ethical considerations: 

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

The competence and authority of the managers of Private limited companies, in accordance with the law and the articles of association of the company ,are determined. The authorization of directors to factors such as the subject matter and articles of association of the company, the authorization of general assemblies and commercial laws and regulations are limited. What is assigned to the directors is a trust and the directors are obliged to use this position only for the benefit of the shareholders in such a way that the interests of the company are provided in the best possible way. The limitation of directors in matters falling within the special competence of general assemblies, the invalidity of the legal actions of directors outside the subject of the company, the prohibition of obtaining facilities from the company and the prohibition of their competitive transactions with the company in order to prevent financial seizures of the company.

Illegal seizure of company property by the directors of Private limited companies is a violation of the limits of authority and duties and, as the case may be, has civil and criminal liability such as betrayal of trust.

The wife's proverb is set in the relevant laws of the country with the aim of financially supporting the wife and its agent is the guarantee of the wife's action. The present study seeks to address the wife's proverb and critique the supplementary note of Article 336 BC.

The method of the present study is descriptive-analytical.

Supplementary note to Article 336 BC is intended to protect the rights of the wife. Binding the payment of retribution to numerous and unnecessary clauses, explicit conflict of some clauses of the note, including the intention not to donate and the husband's order with the principle of the article and the lack of clear separation of obligatory and non-obligatory duties of the wife during marriage by the legislature are among the criticisms of this article.Ethical considerations: In the present study, first-hand sources were used while observing ethical principles, including fidelity.

Claiming the right of retribution according to the principle of Article 336 BC is more desirable for the wife if the conditions for resignation are fulfilled, and there is no need to mention unnecessary clauses in the form of a note.

Notaries have a high position in the Iranian legal and registration system, and an important part of the registration process is done through them. The expectation from notaries is not only not to commit offenses and crimes, but also to help the registrar in preventing registration crimes, but in some cases this expectation has not been met and crimes have been committed by notaries.

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 relation to the psychological element of the crimes committed by notaries public, in most cases these crimes are considered as intentional crimes and the intentional proof of the notary public is necessary for the perpetrator to commit the crime. This issue does not correspond to the position and importance of the notary public, and it would have been better if the notary's serious fault was also recognized as a psychological element of the crime in the case of registration crimes.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In some registration offenses, such as the notary public refusing to provide documents where necessary, the legislature has criminalized this behavior, regardless of the intentional element, in which case criminal error and fault are also recognized as psychological elements.

Law Economic is an interdisciplinary issue that has not received much attention from a jurisprudential point of view. In this article, an attempt has been made to deal with economic man from the perspective of economics of law and jurisprudence and the impact of economics on law with a jurisprudential approach.

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

Preference of personal interests and rationality are the most important components of economic man in economics of law, which in jurisprudence, in addition to the material dimensions mentioned, also emphasizes the spiritual dimensions of economic man. In fact, in human jurisprudence, there are two material and spiritual areas that affect the legal dimensions of one's behavior.

One of the most important achievements of economic analysis of law is the focus on reducing costs in the light of human economic components. Emphasis on rationalization and economicization of court costs, the tendency of alternative punishments to imprisonment as a less costly and efficient mechanism, and attention to the high costs of crime are examples of the impact of economics on rights, which can be achieved in jurisprudence for reasons based on its accuracy.

The protection of intellectual property rights is one of the important factors in the growth and development of science and technology in society. In this paper, an attempt is made to investigate the mechanisms of criminal protection of intellectual property rights in Iranian and Egyptian laws.

This paper is descriptive-analytical and the library method is used. Ethical considerations: In this paper, the originality of the texts, honesty, and trustworthiness have been observed.

The findings indicate that both in Iranian and Egyptian laws, intellectual property is criminally protected. However, in Iranian law, there are inadequacies in the field of legislation regarding some examples of industrial property, such as trade secrets. In order to protect intellectual property in Iranian law, penalties such as compensation, fines, flogging and imprisonment have been established for the role of intellectual property. In Egyptian law, violation of literary and artistic property rights and industrial property is accompanied by punishments such as fines and imprisonment, with the difference that imprisonment is less than fines and punishments are mainly in the form of fines.

Imprisonment for infringement of intellectual property rights not only does not compensate the creator and the owner of the work, but is contrary to removing of imprisonment. Therefore, increasing and replacing fines in criminal penalties and resorting to civil mechanisms are important issues that need the attention of the legislative in protecting intellectual property rights.

The financial and economic authorization of the executor appointed by the coercive guardian is one of the important issues that has always been discussed. The purpose of this article is studing the mentioned issue from the perspective of Iranian jurisprudence and law.

This article is Analytical descriptive and the library method uses. Ethical considerations: In this article, Originality of texts, honesty and trusteeship Has been complied with.

In Iranian jurisprudence and law, the executor has several powers such as seizing property, paying expenses and alimony for minors and the homeless, trade, keeping and managing the will, including sealing, writing and dividing the will. The executor within the framework specified by the testator for the executor, is obliged acting. otherwise she is the guarantor.

The legislature, In many cases, such as the executor transactions, on the financial authority of the executor does not have an explicit ruling and based on the articles related to guardianship and guardianship regarding the executor is considered applicable. It is suggested that the legislature in civil law and civil affairs state the duties and powers of the trustee in relation to finance and mention them, and that the guarantee of more appropriate performances be considered by the trustee regarding the administration of financial property. The prosecutor, as the representative of the people and the trustee, in the matter of guardianship, especially in relation to the property of the detainees and their supervision should have a more prominent role.

The economic dimensions of public law is one of the important issues affecting development, this paper attempts to investigate its effect on society.

This paper is a descriptive-analytical and the library method is used.

Public law and its development are very effective on society from an economic point of view. The economic dimensions of public law, including the protection of property institution, the strengthening of economic freedoms, and the guarantee of proportionality and equality in the development program on the development of public law, and consequently the development of influential society. When the principle of personal property is upheld, the freedom of trade and the free market prevail in order to respect the rights of individuals, and government interference is greatly restricted, the rights to competition and equality in business are accepted, the economic dimensions of public law are developed and this has positive effects on the development of society.

The economic effect of public law is one of the important issues that need to be taken into consideration in the development process of society. The development of society is not possible without the development of economic public law. For development, first, it is necessary to provide the grounds for the development of economic public law such as competition law, free trade and non-intervention of the government, and full support for principles such as the principle of ownership.