Volume 14, Issue 2 (2024)
ORMR 2024, 14(2): 59-81 |
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Dastgheib S A, Kordnaeij A, Shahbazinia M. Islamic Sources of Economic Rules in the Constitution of I.R. IRAN. ORMR 2024; 14 (2) :59-81
URL: http://ormr.modares.ac.ir/article-28-75247-en.html
URL: http://ormr.modares.ac.ir/article-28-75247-en.html
1- Postdoc. Researcher, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
2- Professor, Business Management Department, Faculty of Management and Economics, Tarbiat Modares University, Tehran, Iran. ,naeij@modares.ac.ir
3- Associate Professor, Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
2- Professor, Business Management Department, Faculty of Management and Economics, Tarbiat Modares University, Tehran, Iran. ,
3- Associate Professor, Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
Abstract: (358 Views)
Objective: The main objective of this article is to answer this question in the first step; What are the most important principles of the constitution related to the economic field of the country, and what are the religious sources of these principles? In the next step, the problems and obstacles of the proper and favorable effect of economic laws in the economic advancement of the country should be examined and verified with the aim of providing path-breaking suggestions.
Methodology: This research is descriptive-analytical and its data is collected from the library and electronic sources.
Research findings: The result of the research shows that almost all the important economic principles of the constitution are based on religious sources, especially the Holy Quran. Despite their religious validity and relative comprehensiveness, these laws have faced obstacles in some cases to be effective in the economic field: the lack of transparency in terms and definitions such as "ownership" is one of the obstacles to the maximum effectiveness of the laws. In the absence of effective and transparent laws, many activities of the quasi-governmental or semi-governmental sector cannot be directly monitored and their negative effects are evident in the country's economy. The breadth and breadth of concepts and terms in some principles have led to different interpretations and interpretations, which did not achieve the desired result of the legislator (for example, principle 44 and the discussion of privatization). The contradiction and inconsistency of some laws with each other and even the different sentences of the same principle have weakened the expected effect (principle 28 of the Constitution, which weakens the second sentence of the first sentence). On the other hand, in the absence of transparency and discipline, the country's economic sphere has taken on a law-abiding nature and has moved away from flexibility and rule of law.
Research innovation: With regard to the possibility of making it operational in the field of economic law, the interaction between the legislator and the economic activist (company or person) will become more prominent and in an interactive atmosphere, the correction and revision of laws will be put on the agenda with the aim of achieving discipline and transparency in the economic field. The field of economy at the macro level of the country can provide the necessary platforms for the dynamics of economic rights.
Methodology: This research is descriptive-analytical and its data is collected from the library and electronic sources.
Research findings: The result of the research shows that almost all the important economic principles of the constitution are based on religious sources, especially the Holy Quran. Despite their religious validity and relative comprehensiveness, these laws have faced obstacles in some cases to be effective in the economic field: the lack of transparency in terms and definitions such as "ownership" is one of the obstacles to the maximum effectiveness of the laws. In the absence of effective and transparent laws, many activities of the quasi-governmental or semi-governmental sector cannot be directly monitored and their negative effects are evident in the country's economy. The breadth and breadth of concepts and terms in some principles have led to different interpretations and interpretations, which did not achieve the desired result of the legislator (for example, principle 44 and the discussion of privatization). The contradiction and inconsistency of some laws with each other and even the different sentences of the same principle have weakened the expected effect (principle 28 of the Constitution, which weakens the second sentence of the first sentence). On the other hand, in the absence of transparency and discipline, the country's economic sphere has taken on a law-abiding nature and has moved away from flexibility and rule of law.
Research innovation: With regard to the possibility of making it operational in the field of economic law, the interaction between the legislator and the economic activist (company or person) will become more prominent and in an interactive atmosphere, the correction and revision of laws will be put on the agenda with the aim of achieving discipline and transparency in the economic field. The field of economy at the macro level of the country can provide the necessary platforms for the dynamics of economic rights.
Article Type: Original Research |
Subject:
Strategy and Management
Received: 2024/05/21 | Accepted: 2024/07/8 | Published: 2024/09/28
Received: 2024/05/21 | Accepted: 2024/07/8 | Published: 2024/09/28
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