EGHTESAD-E ISLAMI
Year:2018 | Volume:18 | Issue:70|Papers Count:8

One of the most frequent components of the desierable consumption pattern in leadership statements is the use of domestic products, which emphasized that people and all those who are interested in Iran should not use foreign goods that are similar to domestic ones. In the Referendum question, he has also stated that this is not a simple recommendation, although not a religious fatwa. This, of course, contradicts the teachings of classical economics and the freedom of choice of individuals on the one hand and the rights of consumers in Islam. In Islamic history, there is also no specific Islamic jurisprudence except by some constitutional scholars in this regard. Given the above, the main question is what are the jurisprudential and economic basis of the emphasis of leadership and constitutional scholars on the necessity of using domestic goods and avoiding the consumption of foreign products of the same domestic nature? Can it be traced back to Islamic sources or merely based on the specific circumstances of our country? The research methodology is descriptive-analytical and adapted from the methodology of historical data theory, among the documents written by the Supreme Leader and the historical documents of the Constitutional Revolution that covers the last two centuries. The analysis of more than twenty historical documents from and constitutional scholars of Iran and the statements of the Supreme Leader show that the notion of the necessity of non-consumption of foreign goods and the promotion of consumption of national products is based on the four jurisprudnence pillars: national economy, Nafye Sabil, the prohibition of similarity to Kuffar, and Strengthening the national economy.

The research shows that the problem of moral hazard due to the lack of proper reporting of profit by the recipient of funds in the contracts for the participation in profit and loss is the most important issue for banks (financiers) not to use this type of contract. Therefore, the success of the use of financially-participatory finance techniques will depend on solving the asymmetric information problems associated with them. . The present paper discusses the relationship between the parties in the financing contracts by the method of participation in profit and loss, and features a coherent incentive contract that controls the problem of asymmetric information in this regard. The purpose of the research is to provide a motivational-compatible contract model in such a way that, relying on Islamic verses and narrations, the reliance on encouragement and rewards depends on the receipt of the correct information from the recipient. In order to achieve this goal, a theoretical analysis was used in the form of a mathematical model. The result of the research is that the random audit, along with the increase in the share of the beneficiary of funds in the form of a rigorous report (as a reward for honesty), provides a motivational structure that leads reducing the moral hazard.

The Zakat Law was approved by the parliment and Guardian Counci in 2011 Given the importance of zakat and its role in poverty alleviation, it is expected that the strengths and weaknesses of this law will be taken into account and will continue to evolve The present study, along with a list of some advantages of the Zakat law, attempts to use the descriptive analytical method to evaluate this law in the form of a three-axis evaluation and a framework for eliminating potential defects and promoting them. These include: (a) structural assessment, such as ambiguity in the legal personality of the Zakat council; the lack of consideration of the obligation of its members to the specific task; the ambiguity in the status of the institutions in the interfacing of responsibilities; the lack of attention to infrastructures such as the comprehensive information system, the monitoring and reference system Litigation (B) Method evaluation, such as the lack of clarification of the concepts and objectives of Zakat and the duties of the Powers, the disproportionate incentive system, and the forgiveness of the wicked; the disregard of the requirements of other religions. C) content assessment, such as the necessity of targeting state aid, the lack of unity of members in local councils and the need to determine the duties of tax payers.

Pension schemes currently face serious problems and challenges that have endangered their survival and threatened their members' interests with significant risk. Thus, in many countries of the world, alternative schemes such as pension plans with specific partnerships are used. Since investments in these types of projects depend on the degree of risk aversion of the members and in coordination with them, unlike schemes with certain benefits that the risk of investment lies with the sponsor or the employer, in the projects with a certain participation, the risk of investment lies with the members of the plan. . Since some countries have taken measures to ensure these types of pension plans. The purpose of this research is "Feasibility Study of Pension Guarantees with certain Participation in the Pension System of the Country", using the multi-stage ijtehad model research method. The findings of the research on the assurance of the principle and profitability of investment in pension plans with a specified participation refer to a guarantee of the capital principle, or the raising of members of the pension plan by the pension fund itself or a third party, which, if it is guaranteed by a third party, such as a pension guarantee fund, would prefer.

The exacerbation of credit risk and an increase in the volume of banking system claims in recent years has created a potential crisis in the usury free banking system of Iran. It is necessary to take the necessary decision before the emergence and actualization of social and economic crises in the country based on the native requirements In this research, a set of solutions in the banking system that are used to face with the the effective factors affecting exacerbation are counted and then completed with proposed solutions. In the following, the required criteria and desirability of a solution in the banking system are explained and all of these strategies are analyzed using a descriptive analytical method based on the criteria of the appropriate strategy, namely, validity, legality and deterrence, etc., and finally The management package is proposed for use in the banking system of the country, which has been approved by the managers of the country's banks in terms of the abovementioned criteria, so that for each of the factors of the parties one or more strategies are presented in accordance with the nature of that factor.

The realization of Islamic banking is a desirable goal of the Iranian banking system, which will have a lot of economic and social blessings; this will only be achieved by properly identifying the present and future problems and intelligently deciding to eliminate them. In this regard, the pathology of Qard Al Hasan is one of the priority issues. This research studies the factors affecting the reduction of Qard-al-Hasan's deposits as the main issue of research, evaluation, classification and prioritization will be don. To this end, the research framework has been designed in three main phases, including study and interview and factor analysis. In the first phase, investigating the research in this area, identifying the effective factors and setting the questionnaire is don. In the second phase, in an interview with the experts, these reasons were validated and the main reasons for the decline in the share of deposits were borrowed. In the third phase, the results were analyzed using Cross Impact Analysis and based on the experts' opinion, and thus the proponents, the policy, the risk factors, the indicators and the ineffective factors were segregated. According to research findings, legal vacuum, inflation and low income levels, the reasons for the decline in the share of deposits and the competitiveness of banks to increase the profits of investment deposits and the lack of serious will to extend the loan to the bank managers also Policy factors are related to this issue.

Creating and expanding Business enterprises requires significant funding that managers are using with the resources derived from international and domestic business markets to survive and grow their organization. The main objective is to investigate and identify the drivers of the most devastating financial crisis of the century and, as a result, to create an Islamic financial system that is compatible with the jurisprudence and Islamic law and more stable and inclusive towards the development and growth of the markets. Since sukuk is a new tool for Islamic financing that is compatible with Islamic law and jurisprudence, many Islamic and non-Islamic countries use it. The present study investigates the effect of Islamic financing on economic growth of markets in selected countries. For this purpose, sukuk, a new Islamic finance instrument, and statistical data from 2010-2015 and the method of econometric estimation of panel data have been used. The results of the model estimation show that sukuk has a positive and significant impact on economic growth and labor market in the studied countries.

One of the conditions for the correctness of the contracts is the serious intention to enter into the contract with the explicit expression of the parties to the contract. This condition in the presence of an agreement after the adoption of reason and the maturity of the two parties of the contract is based on the existing evidence and based on rational principles, but the fulfillment of this condition in electronic contracts is difficult and with many questions such as that given the lack of information One way is the need to accept the statement by the other party and how it is not present, how does the intention to create the requisition take place at the time of acceptance and is it essentially the reason for the intention to enter into an electronic contract, and how can it be established in the assumption of inclusion? And how can each party sign it? And in addition, how much does electronic advertising cost? All the while, the jurisprudential review of the condition for the intention of electronic contracts in existing papers has been less widely considered. This paper is based on the jurisprudential framework and based on the conventional analysis of the condition of the intention and the possibility of its realization in the electronic contract and after providing the way of establishing the intention of these types of contracts and examining the conditions for the implementation of the authenticity of the intention in cases of failure to achieve it, and while examining the condition of the frankness The contract and the necessity of explicitly expressed intention have been able to express the legal position of the electronic recall and commercial advertisements in the electronic contract.