نشریه مطالعات فقه اقتصادی
سال پنجم شماره 3 (پیاپی 18، پاییز 1402)

Family stands for one of the key institutions of the society. Over the history, human society has experienced changes and transformations; and consequently, directly affected by the society, the family institution has undergone these alterations.  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.  On the other hand, the family law rules and regulations experience some changes. According to Article 1105 of the Civil Code, the headship of the family is assigned to the husband.  What the nature of the headship is has occupied the minds of jurists and lawyers that how this declaratory law has been forged by the legislator and if it has not experienced the legislator and the lawyer’s forgery, then by where were this institution’s founder and discoverer inspired.

If the obligor refuses to perform the contract and causes damage to the obligee, its primary legal performance guarantee in jurisprudence and law is the compulsory specific performance of an obligation, but the common practice is the necessity to go through the process of binding the obligee through the court as a necessary prelude to claiming damages. In Iranian law, it gives the obligee the possibility of an economic evaluation between the performance of the obligation and the subsequent payment of damages; therefore, the ability to claim damages in the assumption of the obligee's voluntary refusal to perform an obligation that it is possible to perform is the issue of 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. Ethical Considerations: In this article, Originality of texts, honesty and trusteeship Has been complied with. 

jurisprudence and law respectively consider the obligee's refusal to be a forbidden act, a violation, and a mistake, which requires punishment and liability, and the requirement of jurisprudential evidence of presumption of irrevocability in the sense of the necessity of adhering to the consequence and results of the contract, the common sense, the rule of prohibition of detriment and Sharia ruling of Consideration is not only that the obligee is bound by the specific performance as long as the obligee mutually adheres to it, but in the case of the obligee's refusal, the preliminary judgment is removed and the claim for actual damages is possible. 

According to the jurisprudence records, the Iranian legislator, by mentioning the provisions of contractual damages under the chapter on the effect of transactions, has an opinion on the real concept of damages, which is the exact consideration of the specific performance of an obligation, and to claim damages, it is not necessary to go through the legal process of compulsory performance of the obligation and termination, and actual damages should be considered different from contractual damages as a result of contract dissolution.

The discussion of economy and criminal law is one of the important issues that has not been paid much attention to. The economic approach to criminal law is based on the principle that criminalization in the society should be done according to the economic dimensions and economic capacities of the society. In this article, an attempt has been made to examine security-oriented criminal policy from the point of view of the reference approach, from the point of view of jurisprudence and criminal law. This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.Ethical Considerations: In the present paper, the originality of the text, honesty and trustworthiness are respected. The findings indicate that security-oriented criminal policy imposes a lot of costs on the society from an economic point of view. The lack of usefulness, criminal inflation and increase in costs, ignoring the principle of harm and limiting the economic and welfare rights of citizens are among the most important economic aspects of the criminal (penal) policy of security. Judicial capacity and facilities. In the security-oriented criminal policy, the law-maker, regardless of the capacity and facilities of the judicial system, initiates new criminalizations, and by doing so, he will practically challenge the legislative policy. It is more correct for the legislator to pay due attention to the existing capacity and facilities before new criminalizations, rather than seeking to create capacity and facilities after criminalization.

Economic crimes are one of the important issues of today's Iranian society, which have many destructive economic and social effects. In this article, an attempt has been made to investigate the legal jurisprudence of Corrupt on Earth and its examples in economic crimes.

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 showed that Corrupt on Earth is a crime independent of mahariyyah from a jurisprudential and legal point of view, which can have different examples. The most important characteristic of Corrupt on Earth  is the creation of widespread corruption and severe disruption of public order, which is simply not possible to determine examples in the field of economic crimes. The most important law of the country regarding economic crimes, that is, the law on punishing those who disrupt the economic system, lacks the necessary transparency.

The presence of vague concepts such as major and macro disturbance without the criteria and extent being clear causes different interpretations and possibly issuing conflicting opinions. It is necessary to clearly define what the legislator means by major and large-scale disturbance and to determine how much is considered major and large-scale in the law of combating economic disruptors, so that it can be considered as corruption in economic crimes.

Issuing a wrong decision, while it may happen for various reasons, has important material and spiritual effects on the lives of people in the society. The purpose of this article is to examine the legal jurisprudence of the responsibility to compensate for the ruling's error in issuing a decision. This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.Ethical considerations: In this article, the texts’ originality of, honesty and trustworthiness have been observed. The findings showed that in issuing a verdict of error, the judge and, accordingly, the government are held responsible and both of them are responsible for their actions and decisions and guarantors of material and moral losses caused by intentional and unintentional fault. The judge's mistake is divided into two parts: guilt and mistake, each of which has a separate legal burden. In case of a mistake, the judge will not be immune from his job and will be prosecuted, the government and the personal property of the judge will be responsible for compensation for the damages caused to the victim in such a way that his professional responsibility in the disciplinary prosecution and the responsibility of the government The mistake of the judge and the responsibility of his personal property will be crystallized in the fault. Compensation is also possible in the form of restoration to the previous situation, financial payment and restoration of dignity. In Iranian law, compensation for moral damages has been neglected to some extent, and considering that the issuance of a wrongful verdict in many cases is associated with moral damages rather than financial damages, and it may harm the credibility and dignity of individuals, so it is necessary to pay more attention to it.

This article aims to investigate how the implementation of contract obligations affects economic development from the perspective of institutionalists. From this point of view, after expanding the conceptual space of the subject, we will examine the different dimensions and aspects of the impact of the implementation of contract obligations on economic development. 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. From an economic point of view, the rules of law in general and the rules of contract law in particular should be efficient and as a result lead to the maximization of wealth in the society and accordingly provide conditions for economic development. Among other things, this matter has been taken into consideration by the neo-institutionalist school in economics. First, according to institutionalists, legal and economic systems are organically related to each other; In such a way that both of them are actually part of the social system, which is called the "double balance" theory. Secondly; Unlike the market approach, institutionalists believe in the effectiveness of contract rights in economic development and emphasize the interaction between the effectiveness of contract rights and economic development as the center of gravity of legal and economic institutions.

Regarding the registration of official documents of immovable property, the legislator's approach and its validity compared to unofficial documents, extensive discussions have been raised and various views have been expressed. However, the dimensions and Economic effects of official document registration have not been studied much. The purpose of this article is to investigate this important problem.

This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.Ethical considerations: In this paper, the originality of the texts, honesty and trustworthiness are observed.

The findings showed that the registration of official documents is not very relevant in jurisprudence because the registration of official documents is related to new registration rights, but we can refer to jurisprudence statements that indicate the written agreements and contracts. From a legal point of view, the legislator's approach tends to make the preparation of official documents compulsory. This has several dimensions and economic effects. Creating economic security, prosperity and economic development, economic benefit and increasing investment are among the most important effects and economic aspects of the official registration of immovable property documents.

It is necessary for official registration to be effective from an economic point of view .The registration system must function in a way that provides quick and correct access for applicants. This will increase the feeling of confidence and security. It is also necessary to reduce the costs of registering official documents and facilitate the legal conditions for registering official documents.

Reference is one of the important topics of jurisprudence and law, which has not been discussed much in its various dimensions and examples. One of the examples of referral is the discussion of the seller's referral to the seller in a situation where the Teflis option is bankrupt and cannot pay the price. The purpose of this article is to investigate the question of what is the approach of jurisprudence and law to refer the seller to the seller in case of bankruptcy of the Teflis option? This paper is descriptive and analytical using library method.Ethical Considerations: In this paper, the originality of the text, honesty, and trustworthiness are respected. The findings indicate that there is a difference of opinion regarding the recourse of the seller to the seller in case of bankruptcy of the Teflis option in the form of Tbilisi option. Some are in favor and some are against explaining the Referral of the seller to the seller in case of bankruptcy of the Teflis option. In the opinion of jurists, Referral and option are often gathered in a single opinion and assumed instead of each other. Most of the lawyers also believe in the return of the seller and, in fact, the seller's recourse to the seller in case of bankruptcy of the Teflis option. The existence of the seller, the bankruptcy of the Teflis option, the arrival of the delivery date of the seller, is proof of the bankruptcy of the Teflis option. The most important objection to the seller's recourse to the seller in case of bankruptcy of the Teflis option is that the Tbilisi option causes the sale to be terminated, but the sale is not terminated in the case of the seller's return and the seller's right to refer to the seller. Therefore, it seems that the seller's return and the seller's right to appeal to the seller are of a special nature, which is somewhat different from the Teflis option.

In exchange contracts, the parties committed to performing obligations are specified. One of the guarantees for the fulfillment of the obligations of the parties is the lien. The purpose of this article is to examine the conditions of lien in transactions in Iranian jurisprudence and law. The research method of this article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.Ethical Considerations: In this paper, the originality of the text, honesty, and trustworthiness are respected. Realization of lien in Iranian jurisprudence and law depends on conditions such as the existence of a valid contract of indemnification, the existence of an indemnity contract, non-fulfillment of obligations, the simultaneous or submission of two obligations and the creation of lien in relation to two obligations, the binding nature of the obligations of the parties, and the absence of a deadline. And non-payment of the price and voluntary surrender is a sale. The responsibility of the other party of the lien holder for the maintenance cost of the lien item, the security of the property at the time of the lien exercise, the intervention of the court to fulfill the contractual obligations and the granting of deadlines and price installments are the effects of the realization of the lien right. Imprisonment is foreseen due to the acceleration of the realization of the right. This right is a way that if it is used according to the law, it can reduce the lawsuits, with the explanation that the parties can assert their rights by using the right of arrest and avoid going to the court. Accordingly, it can be used as one of the methods of performance guarantee in barter contracts.

Annulment of marriage is one of the important issues of family law, which has not been given much attention and the purpose of this article is to investigate the claim of damages for annulment of marriage due to Gharar. This paper is descriptive and analytical using library method.Ethical Considerations: In this paper, the originality of the text, honesty, and trustworthiness are respected. From a legal point of view, ignorance leads to the wrong basis of compensation for damages in marriage, which is one of the reasons for annulment of marriage. In marriage, the cheated party can annul the marriage with the help of the husband or wife. However, in jurisprudence books and hadiths, interpretations that are explicitly related to the damages caused by marriage are less visible. What the jurists have discussed more is the status of dowry in the case of marriage between husband and wife. The resulting losses and damages related to tadlis in marriage are in two aspects, financial and spiritual, which can be claimed by the wife of the model. In the way of compensation for the damage,the moral of the court should determine the way of compensation and payment, considering all aspects of the case. In terms of material damage, the damage of all gifts and material costs can be claimed.

The management of economic affairs is an integral part of any political system, which is entrusted to certain institutions or individuals according to the legal, cultural and managerial conditions in each society. In the Islamic society, this procedure is entrusted to the legal guardian as the highest authority, and in this research, the jurisprudential foundations of the legal guardian in economic affairs will be discussed. 

The method of this article is analytical and descriptive using library tools.Ethical Considerations: In writing this article, the principle of accurate and trustworthy referencing has been taken into account.

There are many jurisprudential foundations such as the management of hasbiya affairs, the management of anfal, khums and zakat, and the organization of economic affairs in Islamic society, which, due to the prevention of chaos and being placed in a certain institution, is considered as the guardian of jurisprudence. Continuity of government in the era of absence of Masum (AS) has been entrusted. 

The jurisprudential foundations of the guardianship of the jurist in economic affairs are due to the need of the Islamic society to entrust matters to an authority that is aware of the rules of religion and to organize economic affairs, which exist in different forms in different societies. But in the Islamic society, it has long been considered among the powers of the jurist.

The main subject of present study is the limitation and prohibition of surveillance based on an jurisprudential approach. Meanwhile, the purpose of study is to show that surveillance  to elicit information about employees performance to build an ideal organization require to determine the red flags.The research is descriptive and analytical.Library method has been used.Ethical Considerations:In present study,the principles of text originality,honesty and trustworthiness have been observed. surveillance and inspection are related to the issue of dignity and reputation of the employees, therefore it is necessary to state Sharia rules,as well as the jurisprudential and ethical standards of surveillance correctly and  determine the boundaries and limits of surveillance and inspections. The jurisprudential requirements of organizational supervision and inspection can be corresponded in the foundations of economic jurisprudence, include" Nafye Sabil " rule( rejection of foreign influence) as well as Grace and Obligation rule to protect the country. The interference of these rules to determine. the jurisprudential requirements of surveillance and inspection is in such a way that ban on Sharia Law of spying and prohibition of others privacy invasion  including agencies and employees as well as prohibition of suspicion in the cases that lead to the denial of  domination of foreigners, assistance to  employees and guiding them towards the psychological and moral health as well as a higher expediency of country, have been removed.

Background and Aim The diagnostic competence of administrative organizations, including the tax affairs organization, is one of the important issues of administrative law, which is closely related to the rights of citizens, and its supervision is of great importance in order to realize good administration. The purpose of this article is to examine the role of judicial supervision of the Administrative Court of Justice on the diagnostic competence of the Tax Administration in the realization of good administration. This paper is descriptive and analytical using library method.Ethical Considerations: In this paper, the originality of the text, honesty, and trustworthiness are respected. The findings indicate that the judicial supervision of the Court of Administrative Justice on the diagnostic competence of the Tax Affairs Organization. It plays an important role in the realization of good administration. The rule of law and fairness in front of the law and accountability are the most important components of good administration, and the supervision of the administrative justice devolve can cause the realization and implementation of these components in the process of diagnostic competence in the tax affairs organization, in which case the rights of tax payers are respected. The role of judicial supervision of the Court of Administrative Justice on the diagnostic competence of the Tax Affairs Organization in the realization of good administration is faced with challenges such as multiplicity and ambiguity in the laws, which need to be reformed.

There are different classifications of property. One of the important divisions is the division of property into movable and immovable property in civil law. The purpose of this article is to examine the division of movable and immovable property in the Civil Law and the effects of this division.

This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.Resuts: this division was created in Iranian law under the influence of French law. In determining the competent court, the acquisition of immovable property by foreign nationals, the method of confiscation of property, the cost of proceedings, the non-commerciality of immovable property transactions, and the method of wife's inheritance have different effects. In fact, in the mentioned cases, there is a difference between movable and immovable property.

In the division of movable and immovable property, intellectual property, such as what is discussed in intellectual property rights, has not been considered. In the division of movable and immovable property, intellectual property, such as what is discussed in intellectual property rights, has not been considered. Although this property is placed in the form of benefits in the traditional division of movable and immovable property, it seems that due to the growing role of this type of property, it is necessary to clearly consider it in the division of property in the civil law.

The methods of settling commercial disputes are important and subject to discussion. The purpose of this article is the methods of resolving commercial disputes in jurisprudence and the World Trade Organization in the light of the rule of law. This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.Resuts: Arbitration in jurisprudence, despite the existence of rules such as the Nafs Sabil rule, is reflected in Iran's international commercial arbitration law, and this indicates the position of the rule of law in arbitration from the point of view of jurisprudence. The dispute settlement system of the World Trade Organization has also played an effective role in realizing the rule of law by generalizing the dispute settlement provisions in international organizations, legislation and guaranteeing the implementation of approved laws. The findings of the article show that in jurisprudence, the most important non-judicial legal method is the settlement of commercial disputes. Arbitration, the formation of the dispute resolution board and the formation of the appeal body (appeal) are also the most important dispute resolution methods in the World Trade Organization.