نشریه مطالعات فقه اقتصادی
سال پنجم شماره 1 (پیاپی 16، بهار 1402)

Aristocracy is one of the problems in society, which is followed by various consequences. In this paper, the effect of aristocracy on economic justice in the light of jurisprudence and the constitution is investigated.

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

Ethical considerations: 

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

The findings indicate that economic justice has been emphasized and taken into consideration in jurisprudence and the constitution in the form of allocative justice and distributive justice, and aristocracy, which is discussed in jurisprudence in the form of concepts such as luxury and acquisitiveness, is reprehensible and affects the non-realization of economic justice. Aristocracy leads to economic injustice by affecting the unfair distribution of facilities, fueling poverty, exclusivity, rent and hoarding, embezzlement, and tampering with the Bait-al-Mal (public treasury). Aristocracy creates a situation in which the main goal is to acquire wealth in order to live a luxurious life in any possible way, including unfair distribution of facilities, embezzlement, and rent. This is contrary to religious teachings and life, especially the life of Imam Ali (AS) and the principles of the constitution, which emphasizes economic justice.

The most important way to tackle aristocracy and consequently to achieve economic justice is to distribute facilities and opportunities fairly and to deal with rent-seeking and tampering with public treasury.

Arbitration is one of the most important dispute resolution methods that has become increasingly important. In the present paper, an attempt has been made to examine the economic reasons for the effectiveness of arbitration in Iran's legal system and the challenges facing it.

This paper is descriptive and analytical and library method was used to collect data.

Ethical considerations:

 In this paper, the originality of the texts, honesty and trustworthiness are respected.

The findings indicate that reducing litigation costs and the role of arbitration in resolving commercial disputes is the most important reason for the efficiency of arbitration in Iran's legal system. But the effectiveness of arbitration in Iranian law faces challenges. The legal structure of the arbitration institution in Iran faces a lot of ambiguities and gaps due to the dual structure of the laws, and this has caused inadequacies and challenges regarding the arbitration institution, and as a result, it has reduced the public desire to refer a dispute to arbitration. One of the most important legal weaknesses in arbitration is the lack of clear determination of independence and impartiality in the case of a special arbitrator, conflict in jurisdiction and arbitration, as well as legal gaps in the expert opinion issued by the arbitrator and legal ambiguity regarding the issuance of a temporary order and fulfillment of demand.

In the findings, gaps and legal weaknesses were mentioned and as a conclusion It is necessary to resolve the legal challenges and weaknesses, and most importantly, to change the public attitude towards arbitration and to improve the status of arbitration.

Adoption is one of the most important issues that has received special attention in all legal systems. The purpose of this article is to examine the financial obligations of guardians towards the adopted child in the light of jurisprudence and Iranian law.

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 the approach of fiqh to the situation of the adopted child is a traditional approach and considering the principle of good faith, However, due to the changes that have taken place at the community level, the legislator has become more sensitive to the financial obligations of guardians. The main reason for this is the difference between the main basis of adoption in fiqh and Iranian legal system.

Ethical Considerations:

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

The main basis of adoption in the first place in fiqh, the principle of benevolence and the basis of its rules are mainly in the framework of worship; Whereas in Iranian law, due to the abuses that may be committed against the adopted child in practice, the main basis of adoption in the first place is the protection of the adopted child and the lack of attention to the principle of benevolence by the guardians.

Rent as a destructive and unethical event many times in most of the world's stock exchanges, which is impossible to eliminate definitively has been observed. In the current research, the rent in the stock market has been investigated with a look at the role of actors who have hidden information.

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

Rent from a jurisprudential point of view, it is the cause of corruption and is forbidden. Ent-seeking is a phenomenon that causes great social and economic damage to countries. The existence of rent in the stock market weakens investors' confidence in the existence of justice and integrity in the securities market.

Ethical considerations: 

In all stages of writing the present research paper, the originality of the text, honesty and trustworthiness have been observed.

In order to present the capital market as a just, fair and transparent market, it is necessary for all market participants to have the same level of access to information, and buying and selling in stock exchanges should rely on information that is equally available to everyone from the official channel has been published. The implementation of laws governing the stock market and criminal penalties for violations related to secret transactions show its importance and the level of attention of the authorities to deal with the phenomenon of rent.

in this article, firstly, the effects of abandonment to material property will be discussed, and then, according to these works, the effect of abandonment on ownership in virtual space will be examined from the point of view of jurisprudence.                                                                                                                                    

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.                                           

abandonment to ownership do not cause a person's ownership to decline, those in favor of the loss of ownership believe that after the abandonment, the ownership right in cyberspace is considered as public property, and it will be impossible to acquire it even by the previous owner himself.     

 Ethical Considerations:

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

According to the jurists who believe in the decline of ownership, defects in material property are a negative condition of the relationship of ownership, which is not only with the intention of abandoning usufruct. Rather, leaving usufruct is done with the intention of terminating the relationship of ownership, that too by choice and without coercion or fear or incapacity and forgetfulness and the property is exposed to loss. The theory of non-expropriation of valuable property due to symptoms is stronger in terms of appearance and rational and narrative evidence.

The employment right of wife is one of the non-financial rights in the relationship between couples, the issue of compensation for obstruction of which has been less investigated and the present paper tries to explain it.

The present study is descriptive and analytical using library method.

Ethical considerations:

 In the present paper, the originality of the texts, honesty and trustworthiness are respected.

According to jurisprudence and subject rights, the husband can prevent the wife's employment if it is against the family interests or the dignity of the husband or wife. Preventing the wife's right to work is only possible with a court order, and if the husband prevents the wife's right to occupation without a court order, he is responsible and must compensate the damage caused to the wife. There is a difference of opinion regarding the responsibility of compensating damages caused to third parties, including the employer. Some people believe that the wife is responsible for compensating the employer or the parties to the employment contract because the husband's obstruction of the court order does not include the rule of force majeure. According to others, the wife is not responsible in this regard and the husband is responsible for paying damages to third parties.

due to the contract and work commitment of the wife to the third parties, the wife herself is responsible for compensating the damages caused to them, but the wife has the right to refer to the husband for the damages she has paid to the employer. Since the silence of the law in this case is considered a legal defect, therefore, a plan should be thought of in this field.

Today, complex products such as medicines have entered the market, which are related to human health and life, and benefiting from them requires compliance with the instructions, guidance and warnings that manufacturers and distributors need to provide to consumers This research has examined the above-mentioned issue in the laws of Iran, France and England.

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 research show that French law is the originator of the theory of obligation to provide information to non-specialist and non-professional parties of the contract.

Ethical Considerations:

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

In Iranian law, based on the Consumer Protection Law, Electronic Commerce Law and Article 34 of the Law on Governmental Penalties in Healthcare Affairs, the obligation to provide information can be inferred. In French law, the basis of this obligation can be deduced from the provisions of Articles 1645 of the Civil Code and Article 111.L-1 of the "French Consumer Code". In English law, various clauses of the General Regulations of Product Safety approved in 2005 stipulate the obligation of producers and distributors of goods to provide the necessary information to consumers.

Hajj has many political, economic, social and cultural effects and consequences. In this regard, the aim of the current research is to examine the economic dimensions of Hajj security from the perspective of the Qur'an, hadiths and religious jurisprudence.

In this research, according to the content of the discussion, the descriptive-analytical method and reference to library sources, including jurisprudence books and articles, have been chosen. The opinions and views of Shia and Sunni jurists are the focus of the analysis of the present discussion.

Ethical considerations:

 Accurate reference to sources, use of authentic jurisprudential texts and first hand is the ethical guide of this research.

Establishing security in the spiritual journey of Hajj is an effort for economic unity for Muslim countries, benefiting from its economic benefits, providing an ethical-economic model for Muslim societies and feeding the poor and needy in these days.

Hajj security can be an attempt to organize the religion and world of pilgrims, Islamic societies and all factors of Hajj. The huge human congress can show the Islamic countries as a political-economic bloc of common interests and each of the Hajj rituals is a manifestation of the connection between the spirituality and the economic power of Muslims.

One of the basic issues in the field of the Salaf contract is to examine the possibility of using it as one of the trading tools in the capital market and stock market. This has always been a subject of question and debate due to the need and necessity of forward transactions in the capital markets, and in this article an attempt has been made to examine it.

In This present paper 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 Salaf contract 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.

There are many differences between jurists and legal scholars regarding the rulings of our general sale in the form of a contract, so the main purpose of this article is to express the views of jurists regarding the general sale of our form of a contract and to reconcile with the opinion of the jurists.                                

This is a descriptive-analytical article and the subject has been examined using the library method. 

Ethical considerations:

 In this article, the originality of the texts, honesty and trustworthiness are respecte.                        

Many jurists have rejected the ownership of the general sale and, following some laws of other countries, point to the contractual nature of the general sale contract and excluded it from the scope of the ownership contract. Therefore, they believe that the time of transfer of ownership is generally the time of assigning or handing over goods. 

Meanwhile, the Imami jurists have proved the ownership of the general sale according to the evidence, and regarding the time of transfer of ownership in the general sale, they believe that the time of the conclusion of the sale. The civil law has also used the opinions of jurists in some legal articles and has considered the time of transfer of ownership in the general sale as the time of the contract and indicates that it is possessive.

One of the harms of imprisonment, especially when the head of the family is sentenced to imprisonment, is the imposition of economic problems on families. In this paper, an attempt has been made to investigate the effect of empowerment of prisoners and its effect on the economy from a jurisprudential point of view.

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.

Empowerment of prisoners is one of the mechanisms of rehabilitation and correction of prisoners, which includes various programs such as education, employment, and vocational training. Employment and vocational training, apart from their effect on prevention of repeating the crime, can help improve the economic status and livelihood of prisoners' families, both during and after their imprisonment. The jurisprudential basis of empowering prisoners in order to protect their families is the "Principle of Vezr", which implies the individuality of punishments and criminal responsibility. According to this principle, the punishment is only for the perpetrator.

Empowerment of prisoners, especially their employment, is one of the important issues of punishment for prisoners, which requires more attention from an economic perspective. Employment and vocational training of prisoners can be achieved in the context of a corrective approach and, of course, an economic view of punishment and imprisonment.

Hoarding is one of the important economic issues that  impacts economic order and stability. In this article, an attempt has been made to examine the examples of hoarding in the light of the government's involvement in the market from a jurisprudential and legal point of view.

The present paper is descriptive and analytical using library method.

Ethical considerations:

 In the present paper, the originality of the texts, honesty, and trustworthiness are respected.

Most of the jurists consider the examples of hoarding to be limited to a few food items because they are essential food items. From the point of view of famous jurists, hoarding is forbidden, and the most important conditions for the realization of hoarding are the detention and storage of goods, the needs of the people, the lack of another seller, and the intention to increase the price. From the legal point of view, hoarding is considered a crime, and keeping it with the intention of increasing the price and monopoly is considered as hoarding. On the other hand, from the perspective of Islam, the government has the right to interfere in the economy and regulate the market in order to achieve justice and fair distribution of facilities and economic order and stability.

If the necessity and need in the society is established, the order to ban hoarding can be extended to all edible and non-edible goods that are necessary for human life today, and all the effects and rulings of hoarding can be arranged on them. In fact, since the government has the right to intervene in the market and the basis for banning hoarding is the essential needs of people's lives and preventing the double increase of prices, therefore, based on the right to intervene in the market, the government can deal with hoarding in order to achieve economic order and give examples of it to generalize other items.

The purpose of the current research is to analyze the public interest in the judicial procedure of the Administrative Court of Justice with the rule of appeasement, emphasizing the action of municipalities.

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 issue of ownership is one of the most important jurisprudential and legal issues, and the position of public interest with concepts such as public service, public welfare, and public comfort is one of the most important issues raised in relation to the preservation of public rights. But the legislator has sometimes limited or denied the property rights of individuals to protect public interests.

Ethical Considerations:

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

the Court of Administrative Justice is the most important organ that guarantees administrative health in the field of administrative law in Iran; It has a significant role; Especially, one of the important sources in this field is the procedures taken in the general body of this judicial institution, which creates justice in the relations between the people and the government, and is the source of making appropriate decisions in public governmental or non-governmental public institutions.

Addiction and abuse of drugs is one of the most important social harms in our country, which is very worrying due to its increasing scope, depth of influence and bad consequences, and as the most important harms and social problems of the country. In this research, the jurisprudential foundations of addiction have been investigated with the aim of reducing the cost of the family and society. 

The current article is descriptive and analytical and library method was used to collect data. 

  Ethical considerations:

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

It indicates that most of the Islamic jurisprudents have declared the use of drugs as haram if it brings harm and they believe that it destroys the human intellect and with this ruling, it can to some extent solve social issues and problems such as Addiction should be effective to prevent people's tendency towards drugs through religious beliefs and making spirituality stronger.                                                                          

In jurists, they believe that prevention is always better than treatment because the treatment of problems requires a lot of social and family costs and as a disease it paralyzes the society. Although Islamic jurists' views on preventing drug addiction are not the same, the majority of jurists believe in the sanctity of drug use. And this fatwa has an effect on reducing the cost of the family and society.

People of the society create relationships based on their needs and in order to meet them, and do transactions based on that. Considering that the role of jurists is to identify the rules that govern these relationships, with the stipulation that Islamic government should also consider Shariah rules, on the same basis, in this article, in the light of jurisprudence and legal rules, ignorance of the transaction in futures and forward contracts in the capital market is examined.

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.

By clarifying the characteristics and conditions of the transaction and its parties in the capital market, the problem of ignorance about the transaction in futures and forward contracts can be resolved. This is possible in the light of transparency in the capital market.