Jurisprudential Analysis of Non-contradiction Base in the Adoption of Economic Laws

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yousefi ahmadali; madarshahi Mohammad

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Journal: MAJLIS & RAHBORD Year:2018 | Volume:25 | Issue:95 Page(s): 5-31

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Title

Jurisprudential Analysis of Non-contradiction Base in the Adoption of Economic Laws

Author(s)

yousefi ahmadali | madarshahi Mohammad | Issue Writer Certificate

Keywords

Non-contradictionQ1

Guardian CouncilQ1

Economic LawsQ1

Islamic Economic ModelQ1

Abstract

The structure of enacting Economic Laws-the method of adequacy of Non-contradiction-has led to institutionalization of a specific economic structure in Islamic Republic of Iran. In addition, sometimes the Guardian Council recognizes legislation contrary to the constitution law or Islam but regarding the process in which the Expediency Discernment Council follows, it will be enacted. The enacted laws through the Expediency Council are valid until the expediency remains but all the cases have been considered permanent so far. It seems that this is one of the causes of economic problems in Iran which requires more deliberation on the usage of the method. Therefore, the jurisprudence system faces the question: Is the method of adequacy of Non-contradiction valid in economic legislation, and consequently, would be the economic structure derived from the method applicable? Based on this question, the postulation and hypothesis of the research is: although the method of adequacy of Non-contradiction is valid in individual behavior and economic relations, but in behaviors and economic relations at macro and in economic legislation and consequently in the economic structure derived from the method it faces a serious deliberation. The answering of the question and proving the hypothesis, based on library study method, are pursued by descriptive-analytic research method. It concludes that although such a method is valid in individual behaviors and relations but requires a serious deliberation for the behaviors and economic relations and legislation at macro and there should be another method in the discovery of economic model of Islam and in legislation too.

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APA: Copy

yousefi, ahmadali, & madarshahi, Mohammad. (2018). Jurisprudential Analysis of Non-contradiction Base in the Adoption of Economic Laws. MAJLIS & RAHBORD, 25(95 ), 5-31. SID. https://sid.ir/paper/224791/en

Vancouver: Copy

yousefi ahmadali, madarshahi Mohammad. Jurisprudential Analysis of Non-contradiction Base in the Adoption of Economic Laws. MAJLIS & RAHBORD[Internet]. 2018;25(95 ):5-31. Available from: https://sid.ir/paper/224791/en

IEEE: Copy

ahmadali yousefi, and Mohammad madarshahi, “Jurisprudential Analysis of Non-contradiction Base in the Adoption of Economic Laws,” MAJLIS & RAHBORD, vol. 25, no. 95 , pp. 5–31, 2018, [Online]. Available: https://sid.ir/paper/224791/en

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