General Rules of the Market Transactions from the Perspective of the Applicable Law and Jurisprudence
Subject Areas : حقوق خصوصیNima Norouzi 1 , Amirhossein Shoa 2 , Erfan Mousazadeh 3
1 - Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran
2 - Judicial Intern, Judiciary Training Center, Islamic Republic of Iran
3 - Master of judicial Sciences, University of judicial Sciences and Administrative Services, Tehran, Iran
Keywords: jurisprudential rule, market transactions, economic justice, extravagance, necessity, freedom and non-coercion, anti-monopoly, cooperation, right of priority.,
Abstract :
Jurisprudential rules are fundamental tools for analyzing and explaining the economic doctrine of Islam, and they play a crucial role in regulating market transactions. This article examines the Islamic jurisprudential rules related to economic transactions, their implementation, and their impact on the market. In addition to traditional rules such as atlāf (wasting), ītmān (trust), iḥsān (beneficence), al-muḥsūn ‘inda shurūṭihim (mutual obligation in their conditions), and ‘usr wa ḥaraj (hardship and necessity), some new rules are also considered, which can guide the market towards an ethics-based and just system. Rules such as isrāf (extravagance), ḍarūrah (necessity), freedom and non-coercion, anti-monopoly, cooperation, right of priority, and the validity of Muslim actions are analyzed as fundamental principles governing economic transactions. These rules, in addition to regulating relations among market actors, promote transparency, justice, and help prevent harm and monopoly in transactions. The examination of these rules reveals that Islamic jurisprudence not only provides a legal and ethical framework for transactions but also possesses the capacity to uncover new economic rules. It can contribute to regulating modern markets and enhancing economic activity based on Shariʿah principles. The study concludes that integrating Islamic jurisprudential rules with economic policymaking is an effective approach to achieving justice and transparency in Islamic market transactions.
