جستجوی مقالات مرتبط با کلیدواژه "فقه" در نشریات گروه "اقتصاد"

One of the types of Islamic financial instruments is when the basic contract is not a simple type of contract; Rather, it is a combination of contracts. The expansion and complexity of financial markets have doubled the necessity of designing and developing new financial instruments based on a combination of contracts. Today, combining contracts is a potential mechanism to design and develop Islamic financial products and services.  Shari'ah originally does not prohibit combining multiple contracts in one transaction, as long as it does not contradict Sharia principles and standards. The logic of the combination of contracts should be such that it is not subject to the prohibited rules of Sharia such as the prohibition of riba, gharar, gambling, etc., in situations where the combination of contracts is in conflict with an explicit Shariah rule, or is to circumvent illegal transactions, or contains contradictions in contracts, or is a justification for carrying out a usurious transaction, this type of transaction is invalid and forbidden. This research aims to identify various examples of the combination of contracts in Islamic financial instruments issued in the capital market of Iran, then analyze them from a Shariah point of view, emphasizing the resolutions of the Shariah Committee of Iran Securities and Exchange Organization. The final goal of this research is to provide guidelines for combining contracts to design innovative Islamic financial instruments.

This study is qualitative research that is practical from the point of view of the goal and descriptive and analytical from the point of view of data collection. In this research, at first, shariah texts and related research and international standards were examined and studied and shariah criteria and rules for the combination of contracts were extracted. Then, examples of combining contracts in Islamic financial instruments issued in the Iranian capital market were identified. Finally, according to the Shariah rules and criteria, the Shariah issues in the combined contracts were analyzed with emphasis on the approvals of the Shariah committee of the Iran Stock Exchange Organization.

In a wide range of Islamic financial instruments issued in the Iranian capital market, hybrid contracts have been used. The combined contracts used and related Shariah issues are presented in Table 1.

In this research, practical cases of combining contracts in Islamic financial instruments of Iran's capital market were presented and analyzed from a jurisprudential point of view. These cases include combining Musharakah, Mudarabah, and Wakalah with a guarantee contract, combining Salam-Hawalah/ Salam-Wakalah on sale,  attaching embedded put and cal /convert/ exchange/repurchase option to the main contract, and conditionalizing the second transaction on the first transaction. According to the presented analysis, all cases have Shariah doubts and Shariah solutions have been provided for each. Also, the approvals of the Sharia committee of SEO of Iran regarding each type of contract combination (if any) have been presented and analyzed.In future research, it is suggested to analyze the jurisprudential bases of the Shariah committee's approvals of Iran SEO corresponding to each of the mentioned cases. Also, examining the application of the combination of contracts in the financial markets of other Islamic countries can have beneficial results for the financial markets of Iran.

Along with the growth of new technologies, the necessity of developing financing methods in the capital market is felt more and more. The more financing methods are compatible with new technologies, the more dynamic and prosperous the capital market will be. The technology of cryptocurrencies, which has been proposed in the context of blockchain in the financial and economic world, is one of the latest technologies that is being followed by economic activists in the world today. Researching and finding solutions for the use of cryptocurrencies in the capital market will greatly help the development of this market in the country. Methods such as tradable funds based on cryptocurrencies, stock exchange companies investing in cryptocurrencies buying and selling platforms, using the capacity of cryptocurrencies ICOs, can be considered. Also, the challenges that exist in this path from the point of view of jurisprudence and legislation should be analyzed and analyzed in order to pave the way for the implementation of the above solutions.

Economic rent-seeking refers to the benefits and inconvenient incomes arising from monopolies in economic activities, the spread of which to other aspects of social life has given rise to new concepts such as political rent, judicial rent, etc. According to the religious doctrines and legal principles, the acquisition of any wealth and privilege that is due to the abuse of position and as a result of discrimination and conflict of interest, is illegitimate and suretyship. Therefore, the author, through research between the fields of economics law seeks to find the answer to what is the approach of officials and jurisprudential authorities and criminal law in this regard, given the lack of appropriate punishment? The results of this analysis based on descriptive and analytical methods indicate that it is important in the perspective of jurisprudential sources and criminal law when specialization is considered one of the forms of corruption and is based on abuse of position and inappropriate discrimination and rationalism. It has become a punishment in the economic system and deserves punishment. Therefore, in this paper, it is suggested to the officials, while reforming the country's economic system, they must establish comprehensive and efficient regulations to deal with this phenomenon.

The issue of money creation is one of the most important monetary and economic issues and has a decisive effect on macroeconomic variables. Usually, the process of money creation in commercial banks is well explained in economics textbooks and is accepted as a normal matter, and after that only the issue of money supply and liquidity volume and their impact on macroeconomic variables is considered. is placed However, the economic effects of money creation are rarely investigated. Some economists have paid attention to the great influence of the banking system on the flow of money creation as well as its economic effects and have put forward various suggestions to prevent its negative effects. What has been discussed in this article is: an overview of the different viewpoints of economists about the creation of money, an overview of its economic effects, an examination of the nature of credit money and banks, and finally a jurisprudential examination of the phenomenon of money creation by banks. and the government with ijtihad and analytical method. The innovation of this article is a relatively comprehensive jurisprudential review of money creation and also presenting some suggested rules to avoid the negative effects of money creation.

After the victory of the Islamic Revolution in Iran and the establishment of the Islamic government, it was expected that zakat would play a very important role in Iran's economic management. Despite serious concerns about this matter and extensive scientific research in this field, a set of reasons, including jurisprudential issues, prevented the realization of this matter. Examining the jurisprudence of Islamic taxes along with its compliance with the conditions of the I.R.I. indicates that only some jurisprudential opinions on zakat allow systematization, which are mainly unpopular theories. Using an analytical method this paper examines 24 different jurisprudential scenarios in the field of the relationship between Islamic and conventional taxes in terms of precedence-delay and substitution-complementarity as well as jurisprudential theories on the inclusion of zakat and the capacity to benefit from it. According to the results, it is possible to use zakat in systematization in only 7 scenarios. Out of these 7 scenarios, in 3 cases, it is possible to give originality to zakat and to supplement the conventional taxes in the light of the obligation of zakat on money, zakat on trade and the inclusion of khums (one-fifth) on zakat. In 4 scenarios, it is possible to systematize zakat only by determining the cases subject to zakat, according to the ruler of the Islamic society. In the last 4 scenarios, the "same theory" has been proposed.

One of the fundamental rights of the consumer, which has been approved dispersedly in jurisprudential issues is the right of choice, but it has not developed legally in Iran. This right shapes the aggregate demand (total demand) in the market of goods and services, and the support of it leads to beneficial competition among suppliers of goods and services to provide better products and ultimately leads to the security and prosperity of the national economy; therefore, in this research, for the first time, the principles and rules of jurisprudence guaranteeing the Consumers’ right choice have been studied and analyzed in three levels, which are: A- Guaranteeing the right of choice based on business etiquette; B- Guaranteeing the right of choice through the terms of the transaction; C- Special jurisprudential measures in guaranteeing the exercise of the right of choice based on options, rules of guaranteeing (liability) and the institution of probate. These principles can pave the way for the development of legal issues and ultimately the achievement of a secure and dynamic economy in the country.

The lag between legislation and technological advances is known as one of the key factors of economic and social crises. Technological advances have sometimes occurred so quickly that it has not been possible to be monitored and legislated and this has led to social conflicts. Because it is impossible to prevent technological advance, legislators need to have a comprehensive understanding of the nature of technological changes and also provide the possibility of innovation as well as preventing abuses. One of these technological advances is related to cryptocurrencies, which are in fact new generation of common currencies. They have helped economic exchanges to be done electronically using peer-to-peer technology, without any central intermediary. These currencies have been in the center of attention due to its many attractive aspects. All the activities such as issuing, processing and verification are done within a network and there is no intermediary or central authority to control it. This characteristic has made the central banks and regulatory institutions unable to monitor these currencies. Legislation in this area requires economic and jurisprudential analysis of these instruments. As financial and monetary markets in Iran are based on Islamic regulation and require jurisprudential approval for their legitimacy, the jurisprudential aspect is important. Findings of this study imply that using cryptocurrencies needs some requirements which included the minimum level of laws to prevent creating money in the process of cryptocurrencies issuance, providing the necessary guarantee for these currencies, developing a mechanism to prevent the price fluctuations, adopting laws for acquisition, transition and receiving cash in exchange for cryptocurrencies to prevent the expanding of shadow economy and also providing the possibility of exchanging them for common currencies.

A contract is formed after establishment of an effective business relationship and happening overall agreement between the seller and the buyer. In the course of the electronic contract¡ some of legal and juridical issues raised.such way of liquidation that called the right if terminate or khiyar in phrase. Therefore that discussion contract system on base of electronic' of and its correction `depends on the widespread implementation of Islamic law and implementation right kiyar and as long as the in fracture of cyber space not corrected in the form of jurisprudence its inevitable that the problems occurs.
One of the things that are unpopular in E -Commerce law and with applications in the field of jurisprudence and civil law ,is issue of the cucumber is the topic and because space virtual contract comes, it may seem that way in the first place with the emergence of cucumbers in terms of substantive legal cucumber is different, but after the study we realize that it concluded that the only difference cucumber outlined in cyberspace cucumber and jurisprudence, in terms of form ,and without prejudice to the application of an impact on how to apply cucumber

Jihad is one of the legal minutiae and has applications in the various aspects of military, economic, scientific, economic reconstruction and functionality. But because of the primacy of the jihad with property over Jihad with life in holy Quran and due to existing economical conditions in Iran and existing sanctions against Iran, its economical aspect is more demanding.
The present problem is to explain the legal and juridical obligations and strategies of Economic Jihad. So, in this regard we priority take into consider the theories of Martyr Sadr as the leading jurisprudent in this ground. In this paper that has complicated with the analytical- descriptive method, we are going not only to explain the purpose of Islamic economy but also to describe the duties and responsibilities of people and Islamic state at different parts .
The results of this paper indicate that with the correct policy from state and full recognition and its implementation by people, we can achieve its Islamic economic

Waqf is one of the charritable acts in Islamic law. According to Islamic jurisprudence rules, it is possible to land owner that endow his prpperty with intention and purpose of commercialization from knowledge and technology; as in the past people used waqf for advancing and progressing knowledge with different ways and forms of waqf. Using waqf in commercialization of knowledge and technology has very affirmative and positive effects in economy and advancement of knowledge in society. Social cooperation and social justice are it’s results. We must try to culturalize this kind of waqf by informing the public and encouraging well-whishers.

Share economy (share working in the firm's profits) due to important impact on efficiency, and its equity oriented aspect, can serve as a new economic approach for communities to be used. In this study, data collected in libraries and documents using content analysis and support the Principles of Islamic Jurisprudence are analyzed. Jurisprudence principles of share economy that is a methodological in the share economy debate are evaluated from four perspectives: the Quran, the Prophet (PBUH), hadith and fiqh rules (like the rule of justice, rule Lazrar, etc.). The research hypothesis is that due to the many benefits associated with share economy, the economic system of Islam, based on profit sharing model which pay a fixed rent and priority, takes precedence.

Jurists, distinguished senior authorities and lawyers, have provided several solutions for the pre-sale and the possibility of its realization in the form of futures sales. The purpose of this paper is to study the strategies for such transactions. The result of the study show that pre-sale is not synonymous withfutures contract. But it is a broad concept that can include a wide variety of sales and contracts. Examples of different forms of pre-selling in today's society have emphasized the need for a comprehensive and integrated legislation and developing uniform standard relationships

Theoretical endeavor started before the Mashrute، has come to a focal point in the recent decade and this is just because of the determination of the scholars to present an affirmative progress model which can be called both Islamic and Iranian. The main question that should be answered now is that: under what circumstances can we call a progress model Islamic? In Iran، there are different views regarding the Islamicity of an idea or policy. In this paper، these views are examined and finally a conclusion is provided. Finally، it is suggested that one of these approaches should be chosen and considered as a base and controversies should be put aside in practice.

One injury that business threatens solvent, low sales, which Islam has been severely criticized, as far as God in the Quran, Allah has revealed the name of an agent so it is faulty. Custom of the trade that is better when believers measure and weight, and put a little more time to get right, some take less. Contrary to popular opinion that the low sales be limited to the affairs Kiel and weight are known, this concept has a very wide range of the and including any deficiency in providing services or producing and selling goods, including quantity and quality are be. Least one example of the work low sale. Quranic verses and the establishment of monotheism and justice in two installments main purpose for prophets to portray. Social justice without avoiding low sales is achievable. analysis of low sales in the verses and hadith shows that low sales led away from the Divine Mercy, causing degeneration and corruption in society is. Drives in this study with literature review examines the juridical aspects of jurisprudence low pay sales transactions.

It is more than twenty three years that passes from passing and implementation of the Law of Interest-Free Banking Operation in Iran. Although it includes many advantages, the entire capacity of Islamic jurisprudence in contracts is not exploited. One of contracts which is neglected in compilation of this law is Bei‘ol Khiar and its likes. Bei‘ol Khiar and its likes are unanimously approved by Shiite jurists in addition to some Sunnite jurists and can have good applications in interest-free banking which is the focus of this article. Basic problems in this paper are as follows:1. What is the jurisprudential verdict of Bei‘ol Khiar and its likes?2. What application Bei‘ol Khiar could have in interest-free banking?Based on these two problems our assumptions are:1. Bei‘ol Khiar and its likes are valid jurisprudentially and are not Riba Trick.2. Banks can use this contract to give facilities to meet any economic activity and need.The proof of these two assumptions has been performed in two parts. The first part discusses the concept of Bei‘ol Khiar and its background in Shiite and Sunnite jurisprudence, the nature of and the arguments for Bei‘ol Khiar and its types. While mentioning the arguments for Bei‘ol Khiar, the questions of Sunni scholars about this contract is posed and answered. In the second part after a glimpse over different types of Bei‘ol Khiar and specifying the ones which could be utilized in allocation of bank resources, jurisprudential capacity of this contract for meeting the needs of demanders of bank facilities is investigated. Then regarding the advantages and disadvantages of this contract, the ideal model of its application in interest-free banking is suggested.