نشریه مطالعات فقه اقتصادی
سال پنجم شماره 2 (پیاپی 17، تابستان 1402)

In the explanation and duties and responsibilities of the Islamic state, it is mainly mentioned about providing spiritual needs, and the responsibility and obligations of the Islamic state in providing the welfare of the citizens is one of the important issues that has not been discussed much. In this paper, an attempt has been made to examine the economic responsibility of the government and its obligations in providing public welfare.

This paper is descriptive and 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 from the jurisprudential and legal point of view, the Islamic state has responsibility for production, creating work and employment, fighting economic corruption and preventing disruption of economic order, economic justice, regulating the market and preventing hoarding, and the Islamic state should take steps to ensure the well-being of the citizens in realizing the social security of the citizens, social justice, food security, education of the citizens, provision of appropriate services and the right to benefit from a healthy environment.

Considering the duties and responsibilities of the government in the field of economy and providing the welfare of citizens, it is necessary to define and formulate macro-economic and social policies in order to meet the economic needs and provide the welfare of citizens.

The purpose of this article is to investigate the use of artificial intelligence in financial systems from the perspective of Islamic economics.

This paper is descriptive and analytical method.

Ethical Considerations:

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

Results showed From.The point of view of Islam and Islamic economy, it is accepted to use knowledge and what is known today as technology and artificial intelligence in financial systems. The use of artificial intelligence in financial systems has various functions. Reducing risk and making more realistic decisions, as well as creating a platform to combat money laundering and phishing, are among the most important applications of artificial intelligence in financial systems, which are considered from the perspective of Islam. Because the Islamic economy basically aims for greater predictability and reducing risk in financial systems, and on the other hand, money laundering is not compatible with the foundations of Islamic economy.

According to the approach of Islamic economy in using knowledge and information and communication technology, it is necessary to provide platforms for the use of artificial intelligence in the Islamic financial system.

Religious tourism is an important type of test tourism that has different cultural, social and economic dimensions. Its economic dimensions have been given less attention. The purpose of this article is to examine the legal jurisprudence of this type of tourism and its economic effects explain.

Thise article is Analytical descriptive .

Ethical considerations: 

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

The Results showed It has been accepted and recommended in religious tourism jurisprudence. In Iran's legal system, although there is no specific law related to religious tourism, some laws have been established to support tourism. Of course, the laws supporting tourism, including religious tourism, are facing loopholes. The support for tourists is not very tangible and the existing laws are not sufficient to support tourists. Lack of tourism police, lack of preventive approach and attitude of the factors related and interested in tourism are other legal gaps in the field of religious tourism in Iran. In addition, the findings indicate that creating employment, economic prosperity and increasing national income are among the most important economic effects of religious tourism.

The result is that laws to protect tourists, including religious tourists, are formulated and supporting institutions such as the tourism police are established. On the other hand, in order to be economically productive from tourism, planning and management of religious tourism is necessary. A systematic, specific and appropriate management model is very necessary to exploit the existing capabilities in religious cities.

The economic aspect of the Nafy-E-Sabil Rule (denying the domination of unbelievers over believers), as one of the important jurisprudential rules that has a decisive role in regulating relations with the outside world, has not been investigated much, and in this paper, an attempt is made to address this important issue.

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

Ethical Considerations:

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

The economic aspect of the Nafy-E-Sabil Rule means the lack of economic dominance of foreigners. In order to implement the Nafy-E-Sabil Rule in the Islamic government, special attention should be paid to the economy and its development. One of the most important foundations and objectives of economy in the theocracy is the effort to achieve self-sufficiency and cut off economic dependence on other countries. The result of economic domination is domination in other fields such as the political and cultural fields, and a country that is politically and culturally dominated does not act independently in the field of policy making and law enforcement, and this lack of independence provides the ground for failure in all fields, and such an issue is inconsistent with Islamic teachings because the Holy Qur'an clearly and strongly denies any domination of the infidels over the Muslims.

In economic development, some kind of economic dependency may also be created, which is somewhat inevitable in today's economy. What is important is the lack of foreign economic dominance, and the only way to deal with this issue is to support domestic production and establish balanced economic and trade relations with the outside world.

This research was done with the aim of providing a new model of marketing communication, emphasizing the role of social media and its effect on purchasing behavior. In terms of purpose, the present research is practical and in terms of the method of collecting information, it is part of mixed research (quantitative and qualitative).

The sample size in the qualitative part was estimated with theoretical saturation (17 people) and in the quantitative part, 374 people were estimated based on Cochran's formula. To select the sample in the qualitative part, purposive sampling was used and in the quantitative part, stratified random sampling was used. The data collection tool was, in the qualitative part, an interview using the Delphi method, and in the quantitative part, a researcher-made questionnaire based on a 5-option scale.

The obtained results led to the identification of 12 components and 62 indicators, which include Social media marketing, modern marketing communication, emotional attachment to the brand, customer interaction, communication satisfaction, brand attitude, brand credibility, word-of-mouth communication, audience trust, communication commitment, purchase behavior and loyalty.

Ethical Considerations:

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

According to the results of the research, paying attention to the new social media communication for branding and attracting the audience as well as making the target audience loyal should be considered by online retailers and people who have online business

The purpose of the present research is to examine the way of creating a lien on credit documents and goods and to explore the laws confirming the right to repay the claims of the credit opening bank against the applicant. Also, examining the bases and conditions of creating the right to reject shipping documents contrary to credit and refusing to pay the letter of credit and taking appropriate legal action to enforce the rights of the bank opening the credit in case of encountering a fraudulent beneficiary is within the scope of this research.

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 The right to refund the letter of credit and the right to deposit on the shipping documents and credit goods in order to guarantee the repayment of the bank's claims are among the most important rights of the bank opening the credit against the applicant. On the other hand, the definitive and irrevocable commitment of the bank to the beneficiary to pay the credit amount is subject to the submission of the terms and conditions of the documents in accordance with the terms of the letter of credit.

Ethical Considerations: 

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

The research results show if the beneficiary sends shipping documents contrary to the terms of the letter of credit, the issuing bank has the right to reject the shipping documents and refuse to pay the letter of credit against the beneficiary.

In the present paper, an attempt has been made to examine the guarantee of the wife's financial rights in the relationship between husband and wife from the point of view of jurisprudence and law.

In the present paper is descriptive and analytical and library method is used.

Ethical Considerations:

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

The most important guarantee for the implementation of dowry is the right of imprisonment and the refusal of the wife to obey and the punishment of imprisonment, although the legislator has tried to minimize the punishment of imprisonment in the direction of de-imprisonment. In this regard, only for the dowry under 110 coins, a seizure order is issued. Of course, if the wife has confiscated the money from the husband through the security for the relief sought, even after the decision is final and the execution is issued, she cannot receive the husband's interest from the dowry. Spousal alimony also has a criminal and civil enforcement guarantee.

In addition to increasing the prison population, the criminal punishment based on imprisonment will not have an effect on the wife's situation and will be ineffective if the husband is not financially capable. It is better to impose a punishment of forced labor on the husband in designated and defined centers, and to pay the wages to the wife instead of imprisonment for alimony abandonment.

Endowment has been associated with various ups and downs in different periods, including the Seljuk period. The economic aspects of endowment in the Seljuk period have not been investigated, and in this paper, while explaining the economic functions of the endowment in the Seljuk period, its difference with the economic trust has been investigated.

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

Ethical Considerations: 

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

Endowment expanded during the Seljuk period and had economic functions in this period. The economic functions of Endowment in the Seljuq period include construction measures and the establishment of caravanserais and aqueducts, which were established and managed through the income from Endowment. Endowment can be effective in reducing poverty and creating employment and fairer distribution of economic resources. Regarding the difference between endowment and economic trust, the findings show that endowment and trust are formed in different cultural contexts. In creating an endowment, the primary motive and purpose is the intention of closeness and creating charity, but the institution of trust was created because in the Middle Ages, the rules of common law prevented the inheritance of land, so trust is an escape from the rules of common law. In spite of the similarities, the trust institution has fundamental differences with the endowment in terms of its nature, subject, powers of the trust as a manager, transfer of the property subject to the trust.

The economic functions of endowment should be more focused and used in line with economic growth and development.

Financial experts have invented various tools to reduce risk. These instruments are known as "derivative instruments", which include four categories of contracts; "Future Contract", "Same Futures", "Options" and "Swap Contracts" contracts. Among the derivative instruments, the option contract and its nature are more important.

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.

An option is the only derivative contract that can be traded on the stock exchange or over the counter. On the other hand, the flexibility of the option contract compared to other financial derivative instruments has made it possible to better cover the risk caused by price fluctuations with this instrument.

Ethical Considerations:

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

Although this contract has many similarities with other contracts, it seems that in all three countries of Iran, England and France, the option contract is a valid and independent contract. In addition, covering the risk of sudden and unfavorable changes in the price of goods and commodities in future transactions has caused British lawyers to equate the nature of option contracts with insurance contracts.

One of the financial rights that is created for a woman in the marriage contract is Mahr. In the present study, the formalities and mechanisms of Mahr demand by the wife will be investigated in the light of new legal developments, including the circular of the head of the judiciary and the law of the third five-year development plan.

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 the circular of the Head of the Judiciary, in accordance with paragraph B of Article 113 of the Law of the Sixth Five-Year Development Plan, in line with the wife's referral to the document registration office to collect Mahr  With the wife's right to go directly to the court within the framework of the general rules of the civil procedure law, it creates practical challenges.

Ethical Considerations:

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

If the Mahr is documented in a document, the wife must first apply for the issuance of a procedure to claim the dowry through the office of the marriage registrar and the registry office, and she does not have the right to directly demand the Mahr through the court. Also, if it is necessary to go to the court, the wife is obliged to pay the court fee based on the daily price, which is in conflict with the rules of civil procedure.

From a long time ago, the terms of liability and obligation in the Islamic legal system have been known to regulate the credit and financial relationships of individuals, and in Western law, in the 19th century, a term of property with the same purpose was invented by French jurists.

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 Civil Code of Iran has included the rights of obligations under the title "in property" and despite the use of the mentioned vessels in the expression of its provisions, it has not explicitly mentioned their role and nature.

Ethical Considerations: 

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

Although the container has less than the previous duty in the language of jurists, it has a special place in terms of the role of communication between other containers in realizing some important legal effects and also creating a balance between the property of the creditor and the debtor.

Examining and comparing the methods of paying the price of new and emerging oil contracts with the special jurisprudence of Imam Khomeini.

 This research was of a theoretical type، the research method is descriptive and analytical، and the method of collecting information is in forms، and it was done by referring to the library، books and articles.

 In all stages of writing the present research، while respecting the originality of the texts، honesty and trustworthiness have been observed.

Ethical Considerations:

 The methods of payment in the oil refining industry are based on the type of multiple contracts، which are named according to the same method of payment of the mentioned contract، such as buy-back-swap-BOT-joint venture، service-only contracts and oil predecessors. From the point of view of jurisprudence، the mentioned methods are defensible. The legal conditions of all types of jurisprudential contracts، such as lease، lease، mudarabah sales، partnership agreement، istissa and promissory note have the ability to be defended.

extracting oil from the depths of the earth and spending exorbitant costs، and of course، jurists' familiarity with this new industry does not even reach a century، according to jurisprudential evidence، the validity of these oil contracts and emerging contracts in the oil industry can be confirmed in the framework of indefinite contracts regarding the diseases of jurisprudence in general، especially from Imam Khomeini's point of view. can be prescribed.

  Civil responsibility has three elements: damage, harmful act or fault and causal relationship, taking into account that all three of these elements can be dependent on custom in any way. In this article, we will examine the jurisprudential foundations of civil liability due to privacy violations using a descriptive analytical method.

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

Ethical considerations: 

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

The research findings indicate that By examining the general rules of civil responsibility conceptually, as well as the theories appropriate to Iran's legal system including the two theories of fault and risk, custom as a criterion of diagnosis and reference rule is proposed in the general rules of civil responsibility. Therefore, as a legal source based on the law, custom can complement and interpret the will of the legislator and cause its dynamism, because it is not possible to adapt all instances of error to the text of the law due to its wide range and diversity.                                                        

the customary nature of civil responsibility is acceptable as a legal principle. Therefore, the use of independent customs along with laws, reliable sources of jurisprudence, fatwas of jurists and legal principles in cases of silence and absence of law is effective as a factor in improving the process of compensation for damages and preventing confusion in the judicial system. In this article, we will examine the jurisprudential foundations of civil liability due to privacy violations using a descriptive analytical method.

In every legal system, the principles governing them are very important. The tool for interpreting the gaps in the legal system in cases of conflict, conflict, silence and summary is to resort to basic principles and rules. The purpose of the present research is to examine the foundations of trademark protection in Imami 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. 

Consumers rely on trademarks to find a product that they are satisfied with or that is known for its quality and the role of the trademark is that it enables the customer to repeat his shopping experience without having to search expensively.

Ethical Considerations: 

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

it can be said that the trademark plays a vital role in determining the type of product that the consumer community chooses. Examining the theory of social planning as the main basis of intellectual property shows that the support of these signs is fully accepted in Shia jurisprudence.

Modern governments always consider themselves agents of public will and protectors of public interests and goals. Public opinion also measures governments based on their attention to public goals. One of the general goals of governments in the field of achieving good governance is to develop infrastructure and increase public welfare, and in this field, most governments try to achieve more success in this field by attracting foreign investment.

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.

Due to the long-term nature of the investment contracts and the period of its exploitation, there may be changes in public opinion, fundamental changes in the structure of governments, revolutions may cause a change in attitude towards public goals and expropriation, confiscation and nationalization of the investor's property.

Ethical Considerations: 

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

In this regard, there are many issues, one of the most important of which is the role of good governance in determining the legitimacy or not of expropriation in line with public goals. As a result of the investigation, it will be clear that today the principles of good governance have become one of the incentives influencing the continuation of foreign investment.