نشریه مطالعات فقه اقتصادی
سال چهارم شماره 4 (پیاپی 15، زمستان 1401)

Investing in Iranian banks with the aim of earning a guaranteed profit while at the same time being legitimate from the bank seems reasonable and low risk. The purpose of this study is to clarify the existing laws in Iranian banks in the deposit and attraction of micro and macro capital, as well as in the allocation and granting of facilities and its compliance with the relevant jurisprudence and rules in the field of transactions and banking.

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

Ethical considerations:

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

Financing methods in the Iranian banking system are derived from the Islamic banking system and are based on participation.

If Iranian banks implement their policies in the field of equipping resources and allocating facilities, in a completely transparent manner and in accordance with Islamic jurisprudence and banking laws, by attracting micro and macro capital and participating in production, create employment And the economic prosperity of the country, while gaining the investor's trust and satisfaction in enjoying the desired and legitimate return on capital, will greatly reduce the tendency of capital to informal markets, rent-seeking in the economy and outflow of resources from the country.

Economic crimes have always been discussed due to their important economic and social effects. This article tries to study economic crimes in jurisprudence, Iranian law and European documents.

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

Ethical considerations: 

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

The jurisprudential approach to economic crimes can be explained on the basis of “Eating worthless money” and “Eating unlawful things”. Eating worthless money includes any encroachment on the rights and property of others and any unlawful seizure of one's own property, such as usury and bribery. According to “Eating unlawful things”, whatever one acquires by false and illegitimate methods is slander. In Iranian law, although the legislature has included cases under the heading of economic crimes. European documents also focus on organized economic crimes such as money laundering and trafficking in general.

The cases of economic crimes in jurisprudence, Iranian law and European documents are not the same, but in jurisprudence, laws and European documents, illegitimacy and prevention of disturbing the economic order and balance is the most important basis for criminalizing economic crimes.

The growth of mining is a sign of people's desire to reduce their dependence on centralized economic and legal systems in the age of information technology. In this article, an attempt has been made to investigate the role of mining in the development of trade with a jurisprudential approach.

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

Ethical considerations:

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

Findings indicate that the extraction and sale of cryptocurrencies are not in conflict with rules such as high risk transaction, usury and the principle of maintaining order and has been accepted in terms of the principle of compromise. Meanwhile, cryptocurrencies are influential in business development. Cryptography has facilitated monetary and trade relations by eliminating intermediaries. In addition, cryptocurrencies are secure and transparent; It is international and is not sponsored by any bank. The result of such features is the development of international trade.

Given the development of cyberspace and its functions in human life today, it may not be necessary to avoid the use of cyber money and it is necessary for economic policymakers to have a clear approach to digital currency in regulating this phenomenon. Iran can not be indifferent to domestic and international monetary, commercial and economic events and needs and its political and social consequences.

The government is committed to providing goods and services needed by citizens to its new concept. The basis of the government's commitments in this regard has been the subject of debate. In this article, an attempt has been made to examine the jurisprudential foundations of the government's obligations in providing public goods and services in the Iranian legal system.

This article is a descriptive-analytical and library method has been used.

Ethical considerations: 

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

In jurisprudential teachings, providing goods and services needed by citizens and serving the people in general is considered a value. The jurisprudential sourcees of the government's obligations in this regard is several verses and hadiths in which the necessity of providing goods and providing public services by the Islamic government is emphasized.

In order to fulfill its obligations in the field of providing public goods and services to the people, the government mechanisms needs: Interference in market regulation is one of the most important mechanisms for fulfilling the government's obligations in this field. Government intervention as a regulatory factor through the fight against hoarding of goods and the overselling of goods and services causes goods and services to be made available to the people on appropriate terms. In addition, administrative health and the fight against corruption, as well as the existence of effective oversight by the government, are important factors in providing desirable public services to the people.

Production and employment are regarded as the significant economic issues in any society that have different impacts and consequences. In the present paper, an attempt has been made to study the role of work, production, and employment in the economic growth of society from a jurisprudential view.

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

Ethical considerations: 

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

Much emphasis is placed on work, effort, and production in Islamic jurisprudence, and also production and employment are effective in attaining the economic growth of society by cultivating the land and meeting human’s needs. Economic growth in Islam, however, is not restricted to raising income and includes notions, such as distributive justice and social justice. From this view, production and employment, if they contribute to the realization of social justice, cause economic growth, and vice versa. If it is not effective in reducing poverty and discrimination in society, we could not talk about economic growth.

Economic growth in Islam needs a fair distribution of wealth, and thus, in macro-policies of economic improvement and growth, in addition to paying attention to gross national income, the issue of social justice and distributive justice should be regarded.

The growing importance of the role of banks and credit financial institutions in various aspects of economic life and the need for legal supervision and protection over them, has caused legislators to pay more attention to the rights governing their activities. Bankruptcy is one of the most important issues for banks and financial and credit institutions, which is discussed in this article.

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

Ethical considerations:

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

In jurisprudence, bankruptcy is referred to as bankruptcy and usury, which is reflected in the discussion of bankruptcy in Iranian law. In commercial law, the bankruptcy of banks is seen as the bankruptcy of other merchants or corporations, which does not explain the bankruptcy of banks and credit institutions. Differences in the concept of bankruptcy and the goals, performance and nature of banks with commercial companies are important issues that have been overlooked. Violations of the Commercial Code in the Draft Banking Law have been largely eliminated. The bill takes a more coherent and precise approach to the bankruptcy of banks and credit financial institutions.

The draft banking law does not pay attention to international laws and therefore is not in line with the needs of international trade today.

In order to solve the problem of infertility, many treatment methods are used today, including egg donation. Modern fertility methods, however, have many jurisprudential, legal, and ethical aspects that have always been the subject of debate. In this paper, an attempt is made to jurisprudentially investigate the purchase and sale, and more precisely, commercialization of egg donation.Ethical Considerations: In this paper, the originality of the texts, honesty, and trustworthiness are observed.

Findings of the research indicate that based on the inference from the point of view of jurists, there is a disagreement in jurisprudence regarding the purchase and sale of eggs. The conflict with the principle of human dignity, the lack of ownership relationship between the individual and the egg, and the lack of customary ownership are some of the reasons for opposing the purchase and sale of eggs. Rules such as the principle of man's sovereignty over himself, removing distress and constriction in the lives of some couples, the necessity of doing good deeds, and the presumption of innocence can also be cited as reasons for agreement.

Derivative contracts are essential for the prosperity of the stock market and the dynamism of the country's economy. Although the jurisprudential and legal concept and nature of these contracts in financial markets is a matter of debate, and in this paper, it is attempted to address this important issue.

The present 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 most important drawback of derivative contracts of option, futures contracts and forward contracts in financial markets is these transactions being aleatory or speculation. Uncertainty of the object of transaction and ignorance of its characteristics from a jurisprudential and legal point of view and also the high risk of the transaction question the legitimacy of the transactions and contracts. Because according to Iranian jurisprudence and law, it is necessary for the object of transaction to be transparent and clear, or at least for the general situation to be clear and specific.

It is possible to use derivative contracts in financial markets from a jurisprudential and legal point of view because risk and uncertainty cannot be separated from financial markets and economy. Derivatives contracts were created to control and reduce risk in financial markets and to bring transaction risk to a reasonably level that is accepted by custom. In this case, the mentioned transactions are not aleatory and are unrestricted from a jurisprudential and legal point of view.

Today, contracts, as an arena of legal systems are being considered by lawyers as the most important means of communication with the outside world. The purpose of this research is to investigate the role of litigation contract and its effects in the economics of litigation.

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.

There are rules for how to determine the law governing the contract. These rules have found their place in different countries and regions of the world with different legal systems. One of these criteria is the litigation contract.

The theory of litigation contract can be one of the tools used in legislative policy. Although assuming a contractual nature for this relationship, it does not help to clarify the laws of this judicial institution; Reasons can be found for the concept of litigation contract; Among them, we can refer to the provisions of articles 107 of the Civil Procedure Law regarding the return of lawsuits and 49 of the Civil Code regarding the establishment of a judicial legal relationship.

The harmless rule is comprehensiveness and dynamism in the Islamic legal system and has an undeniable effect on Iranian civil laws and has been able to solve many problems and even emerging issues. The objective of this study is to analyze the "Harmless jurisprudential rule" with the investigation the effect of the sale of building density on the environment and individuals of the society.

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

Ethical Considerations:

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

offering surplus density and selling building density In cities, especially metropolitan areas, which can be studied according to the consequences which have for the environment, society and individuals. by adopting appropriate mechanisms in the field of environmental protection and sustainable urban planning, jurisprudential and Islamic rules can be used to organize this area, and this important issue can be examined in the form of a harmless jurisprudential rule.

By understanding the importance of the quality of the environment and the health of society and with the help of jurisprudential teachings, in the framework of the "harmless rule", the sale of building density can be considering due to these facts of this rule which needs to be reviewed by the country's policymakers and housing officials.

The spirit of fulfilling obligations is an inseparable part of life today and one of the civil manifestations of legal science. This research has been done in order to explain the legal theories in the territory of one of the legal institutions, namely representation.

This is a descriptive-analytical article and has investigated the issue using the library method.

Ethical considerations:

 In this article, the authenticity of the texts, honesty and trustworthiness are observed.

The origin of the existence of legal representatives when it was felt that according to the philosophy of the establishment of this institution, performing any legal actions, including the granting of a proxy to perform the duties of the representative to improve the situation and manage the financial affairs against (the original), is correct and this creates The general rule of the legal representative is that he does not need a special license to recognize his actions as valid, and the legal actions created even after the development of the owner have legal influence against him, and the owner does not have the right to cancel or revoke

In the power of attorney granted by a legal representative for a client, separation should be done. In other words, in power of attorney and representation, all or part of the powers are assigned to the lawyer and representative.

In the power of attorney given by a legal representative for a client, it should be distinguished. In other words, in power of attorney and representation, all or part of the powers are delegated to the lawyer and representative.

Makran's strategic beaches, with many capacities, are one of the suitable platforms for attracting foreign investors. In this research, which was compiled with the aim of expressing the importance of the Makran coastal region in the international economy, the capacities and legal challenges of investing in this strategic region have been explained.

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 findings of the present research show that there are various legal-jurisprudential capacities in connection with the sustainable development of Makran beaches. In the meantime, the upstream macro-laws and its jurisprudential foundations have a significant contribution in creating these legal capacities. Major documents such as Makran Coastal Area Development Document, Sixth Development Plan Law, Vision Document 1404, Law on How to Manage Free Zones, Law on Encouraging and Supporting Foreign Investment and Law on Removing Certain Production Obstacles.

Despite the existence of legal challenges facing the development of Makran, such as environmental challenges, the conflict of foreign investment with some rules and principles of the Islamic Republic, as well as Iran's non-adherence to FATF, It should be acknowledged that Iran has taken positive and admirable steps in the direction of attracting foreign investors in the development of Makran's strategic beaches.

The law on banking operations without usury was approved in September 1983 in order to adapt the operations of banks to Islamic standards, and it was implemented from the beginning of 1984. The aim is to investigate the impact of the law on usury-free banking operations in the Islamification of the banking system and financial and credit institutions.

Gathering information was done by carefully studying the law of interest-free banking operations and the circulars and executive instructions of banks and the bylaws of different chapters of this law in a library method and with comparative analysis.

Ethical Considerations:

 In this research, ethical principles such as referencing and quoting original sources were observed.

From the examination of the relationship between depositors and banks and between banks and investors, it is clear that the legislator is more interested in justifying the banks' practice than trying to implement monetary policies in accordance with Sharia standards.

When the relations between the bank, depositors and investors are not completely in accordance with Islamic contracts, why is there any insistence to measure the relationship between the bank and the depositors, which is rooted in the customs of the banking profession, with the touchstone of contracts determined in jurisprudence? And what is the requirement to limit contracts to the same known number?

Foreign direct investment is an Essential topic for countries and one of the factors that affecting the economic growth of the country and a source of income for the host country through taxation. in principle, the foreign investor with the idea of earning more profit and less cost, evaluates the aspects of the matter and if this issue is realized (attained), he will invest.

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 transparency of the tax laws of the host country and in coordination with the investment is an important component in attracting foreign capital for the economical boom of the country and an efficient and effective channel for collecting taxes and providing public revenue.

Ethical Considerations:

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

this article by infering in the tax procedure and analogy in the relevant regulations and by combining concepts, rules and subject analysis, it concluded that the reform of the tax system is one of the tools to encourage foreign investment in Iran for economic prosperity and subsequent development of tax sources.

Human rights in the workplace many issues from the right to employment to social protection includes. The Universal Declaration of Human Rights and other human rights instruments the right to choose one's job, non-discrimination, and the right to a just and humane environment emphasizes. In the present article, the role of decent work in observing the human rights standards of workers with an approach to jurisprudential teachings is discussed.

This article is Analytical descriptive and uses the library method.

Ethical considerations:

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

The findings indicate that decent work in respecting the human rights standards of workers is effective. Employment, prohibition of forced labor, fair wages, the right to form a trade union and social protection are among the mechanisms for the effect of decent work on the realization of the human rights standards of workers. Also In Jurisprudence the human rights components of workers regarding social protection, fair wages, and non-forced labor Is emphasizesed.

The effectiveness of decent work always is not necessarily positive. Sometimes the requirements and standards emphasized for decent work workers' human rights standards violates. In developing countries, this leads to the expulsion of working children from factories and their forced employment.