جستجوی مقالات مرتبط با کلیدواژه "hoarding" در نشریات گروه "فقه و حقوق"

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.

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.

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.

Hoarding means to save foodstuffs or to buy and avoid selling in the intention of increasing the price. Although the jurists agree on the preference of hoarding, they disagree on its defining law. The majority of the jurists agree that it is unlawful. However, a number of jurists hold that it is abominable. Of course, the sound view is the dominant doctrine, because the narrations on cursing and punishing the hoarders on the one hand, and paralleling them with thieves and drinkers on the other hand are not in any way consistent with abomination. Although the dominant doctrine among the jurists based on the contents of Sakouni,s tradition restricts hoarding to six items including wheat, barley, date, curry, vegetable oil and olive oil, it seems that the words should not be restricted and a broader scope of hoarding should be considered. Since according to Imam 'Ali,s  Covenant to Malik Ashtar in which hurting others is expressed as the criterion of hoarding as well as the no-harm rule hoarding cannot be restricted only to these items, but it also includes other needed non-food items.

Hoarding is one of the destructive economic crimes that endangers the health of the economic system of the society in critical and emergency situations and makes it difficult for the majority of the society to access one or more specific goods. The conditions for the occurrence of the crime of hoarding is that, firstly, the maintenance of the goods must be major, secondly, there must be an intention to harm the community or overselling, and thirdly, the competent authority must have requested supply. According to the author, the nature of hoarding is a governmental ruling, not a religious ruling, and its subject matter is determined according to the ruling discretion. In hoarding, the rule of dominance conflicts with the rule of no harm, which we prefer the rule of no harm to the rule of dominance. The crime of hoarding in some cases overlaps with the crime of corruption on earth, which can also be considered a corruptor on earth. This article seeks to resolve differences in the nature and subject matter and purposes of the hoarding crime and the pricing reference of hoarded goods and compare this economic crime with the crime of corruption on earth.

Hoarding of goods is one of the challenges that disruptes the balance of the economies of countries. It is not possible to achieve the economic goals and programs of the states, without the control of hoarding and it's criminalizatin. The both legislators of Iran and Afghanistan have passed many laws on hoarding during their legislative history, in accordance with the conditions governing their communities and in support of livelihoods and the economy of the people. This plural laws indicate the importance of the issue of hoarding on the one hand and the ineffectiveness of the laws laid down on the other. In the legal system of Iran and Afghanistan, hoarding has been prohibited under conditions of "violation" or "crime" and has been subject to administrative or criminal responses. In the legal system of Iran, hoarding is a violation and under the special terms is subject to criminal prosecution. In the legal system of Afghanistan, hoarding is considered to be both a violation and a crime, and at the same time faced with administrative and criminal responses.

In Islamic jurisprudence, Tas’ir is defined as the pricing of goods or services by the ruler or his representative and determining that price as the basis of transactions. All Shi’ite and the majority of Sunni jurisprudents agree that Tas’ir is Haram (Forbidden) in normal conditions when there is no hoarding or surcharge. In cases of popular need for specific goods and services, monopoly on the production or sale of goods, hoarding goods, surcharge and gross difference in price, price determination is allowed. However, the question is what commodities are subject to pricing in permissible cases. The present study addresses the theories of Islamic jurisprudents to answer this question. Some Sunni jurisprudents permit price determination only in the case of food for humans and animals; some others in the case of quantifiable and weighable goods; and the rest in the case of all goods needed by the society. For observing justice and preventing oppression, enjoining good and forbidding wrong, and the principles of no harm (La darar) and no distress (La Haraj) and considering weak arguments for limiting price determination, the present study concludes that price determination includes all essential goods and commodities needed by people, that is, goods that cause harm or distress among the public when rare or expensive.

With the development of e-commerce in the recent couple of decades, one of the newly-emerged subjects in global communications and virtual space is hoarding in e-commerce. Hoarding is entailing the common essential commodities in order to expect the prices to increase; and in jurisprudence its scope is limited to the four cereals, oil, and edible oil. Entailing and storage of public essential needs, intention of increasing prices during the shortage of goods, and creating shortage of commodities are the criteria for its occurrence. Now, some relevant questions are, “Is electronic hoarding the same as the expression of hoarding common in jurisprudence?” “What will be the verdict?” “How does this kind of hoarding occur?” “Is data and information regarded as the property?” “What is the penal punishment in this kind of hoarding?” In brief, hoarding in virtual space is the same as hoarding in the material space if the condition and element of hoarding occur and the hoarders has perpetrated a forbidden and unlawful act and the court can force the violator to defilterize the sale-system, to activate the software, and to share the information. He must be accountable to the customers’ demands and decreasing the prices.

There is no precedent for the use of patent without patentee`s consent in jurisprudence. This article tries to make a connection between regulations of hoarding and patenting through criterion unity through which the regulation of hoarding could be applied to patentee who abstains production, without holding to invalid analogy in jurisprudence. Also, this article tries to extend hoarding cases to goods beyond foods, resorting to cause of divine ordinance. Next, the process of putting price on goods and patents are discussed and is proved that the government has the authorization to put price on patents. In international documents using patent without consent is authorized within limits. In Iranian code, patent act has allowed the government to exploit patent without the consent of patentee within defined limits. It seems that jurisprudence and law sources about the subject of this article are limited and require more research and scrutiny.

Instinct of avidity and avarice in the nature of humankind can be studied in different fields. One of them is hoarding. It is one of important problems that societies are stricken to it and its consequences. Jurists debate about hoarding and its absurdity in jurisprudence repeatedly. Such avarice act should be forbidden by government, certainly accordance with undoubted fundamental rules for preserving of right of possession and rights of society. Social and governmental duty of government request that force hoarder to expose and offer goods to people whit standard price. If the hoarder continues his act, conversion would the duty of government. In this research, we will study the juridical dimension of conversion with attention to fundamental custom and intellect