Comparative Studies in Jurisprudence, Law, and Politics
Year:2023 | Volume:5 | Issue:2|Papers Count:3

This article addresses the examination of obstacles to implementing the economic rulings of Islam from the perspective of the Holy Quran and Nahj al-Balagha. The purpose of this research is to investigate the theoretical and practical obstacles in the domain of Islamic economic rulings from the perspective of the divine words of revelation (the Holy Quran) and Nahj al-Balagha. Generally speaking, some of these obstacles are analyzed and interpreted in the epistemological domain,meaning that Islamic economics, as an economic school of thought, is derived from a justice-oriented social system inspired by divine teachings. It differs as an economic doctrine from other economic schools based on human knowledge known as economics. It is evident that this epistemological difference signifies its immunity to the deficiencies and flaws that may occur in the theoretical domain of human knowledge (economics). Another part of these obstacles pertains to the operationalization of Islamic economic laws, which presents itself as a barrier to the execution of these laws and hinders the advancement of implementing Islamic economic rulings in the executive and operational fields. Since the religion of Islam, the Holy Quran, and the tradition of the infallible encompass all aspects of human existence, including livelihood and material life, addressing such challenges is an unavoidable necessity. The researcher in this article aims to explore this issue based on the divine verses in the Holy Quran and the conduct of Imam Ali (AS) in Nahj al-Balagha. The research method in this article is descriptive and analytical, utilizing library resources.

Today, the lease contract is considered one of the most important contracts in contemporary society. In both Iranian and French law, this contract is categorized as a named contract. Given the ever-increasing population growth, large and small cities alike face issues related to residential and commercial tenancies. One of the most critical issues that has been studied and regulated in both legal systems concerning lease contracts is the obligations of the lessor and the lessee. Since the laws related to leasing have been influenced by French law, there are many similarities in the rights and duties of the lessor and lessee, including the right to sell to third parties, the obligation to return the leased property in good condition, the payment of rent, and the avoidance of unnecessary alterations. There is no fundamental difference between these two legal systems,however, there are minor differences in the rights and obligations of the lessor and lessee, such as the determination of rent, interference by third parties, and major repairs. Given the aforementioned points, the identification of the rights and duties of the lessor and lessee is clearly evident, and a precise understanding of the obligations of each party appears to be necessary. This study aims to examine these obligations in the two legal systems through a comparative approach.

Civil liability is non-contractual responsibilities that are created by coercion and by law. There is a difference of opinion among jurists regarding the basis of civil responsibility,The range of differences ranges from theories of personal fault to type fault, risk and right guarantee. What is proposed in this article as the basis of civil responsibility is the structure of socialism. Based on this structure, law and ethics have a common and hierarchical origin and both originate from the structure of socialism. In the same way, civil responsibility as one of the branches of law originates from the structure of socialism. Based on this common origin, ethics has a special place in civil responsibility and it is complicated in all its dimensions and they have mutual influence on each other. In this article, the position and role of ethics in civil responsibility has been investigated.