Economy in Islamic Jurisprudence (Book): Difference between revisions

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'''Abstract'''
* '''Abstract'''
Economy in Islamic Jurisprudence (اقتصاد در فقه اسلامی), a work by Sayyid Jafar Hosseini and Mohammad Qazizadeh, examines the foundations of the Islamic economic system. This system is based on three principles: 1. Diverse ownership (private, public, and state), which fundamentally differs from ownership in capitalism and socialism; 2. Economic freedom conditional upon Sharia laws, including intrinsic (moral) and objective (state laws) limitations; 3. [[Social justice]] centered on the provision of basic livelihood and class balance.
Economy in Islamic Jurisprudence (اقتصاد در فقه اسلامی), a work by Sayyid Jafar Hosseini and Mohammad Qazizadeh, examines the foundations of the Islamic economic system. This system is based on three principles: 1. Diverse ownership (private, public, and state), which fundamentally differs from ownership in capitalism and socialism; 2. Economic freedom conditional upon Sharia laws, including intrinsic (moral) and objective (state laws) limitations; 3. [[Social justice]] centered on the provision of basic livelihood and class balance.


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=== Private Ownership and the Ways of its Realization ===
=== Private Ownership and the Ways of its Realization ===
According to the authors, in Islam, private ownership, the foundation of which is labor, is respected to a certain extent, and the basis of ownership in Islam is the respect for the rights of individuals and the preservation of their motivation for free effort and striving; as, based on evidence such as [[Verse 39 of Surah al-Najm]], human beings only own their own labor. Of course, in cases such as gift (''hibah'') and settlement (''sulh'') where individuals become owners without performing work, the acquisition is still based on labor, because it is the natural right of every individual to be able to freely transfer to others what they have acquired through work (pp. 100-102). Among the ways articulated in Islam for the realization of private ownership are:
According to the authors, in Islam, private ownership, the foundation of which is labor, is respected to a certain extent, and the basis of ownership in Islam is the respect for the rights of individuals and the preservation of their motivation for free effort and striving; as, based on evidence such as [[Verse 39 of Surah al-Najm]], human beings only own their own labor. Of course, in cases such as gift (''hibah'') and settlement (''sulh'') where individuals become owners without performing work, the acquisition is still based on labor, because it is the natural right of every individual to be able to freely transfer to others what they have acquired through work (pp. 100-102). Among the ways articulated in Islam for the realization of private ownership are:
 
* Revitalization of dead lands (''ihya' al-mawat''); conditions are mentioned for owning dead lands, including: the land has not been enclosed (''tahjir''), it is not a place of worship, it has not been granted to someone else for revitalization, etc. (pp. 102-116).
Revitalization of dead lands (''ihya' al-mawat''); conditions are mentioned for owning dead lands, including: the land has not been enclosed (''tahjir''), it is not a place of worship, it has not been granted to someone else for revitalization, etc. (pp. 102-116).
* Acquisition (''hiyazah''); by citing narrations, consensus (''ijma'''), and the conduct of the rational (''sirat al-'uqala''), the authors have argued for the ownership of permissible things (''mubahat'') through acquisition (pp. 117-121).
 
* Hunting (''sayd''); by citing narrations, consensus, and the conduct of the rational, private ownership by means of hunting is undoubtedly accepted (pp. 122-125).
Acquisition (''hiyazah''); by citing narrations, consensus (''ijma'''), and the conduct of the rational (''sirat al-'uqala''), the authors have argued for the ownership of permissible things (''mubahat'') through acquisition (pp. 117-121).
 
Hunting (''sayd''); by citing narrations, consensus, and the conduct of the rational, private ownership by means of hunting is undoubtedly accepted (pp. 122-125).
 
In the opinion of the authors, in the issue of inheritance (''irth'') and alimony (''nafaqah'') where individuals become owners without performing work, ownership is executed by the decree of the Lawgiver (''Shari'''), and in these two cases, the general rule of "labor is the basis of ownership" is breached (p. 127).
In the opinion of the authors, in the issue of inheritance (''irth'') and alimony (''nafaqah'') where individuals become owners without performing work, ownership is executed by the decree of the Lawgiver (''Shari'''), and in these two cases, the general rule of "labor is the basis of ownership" is breached (p. 127).


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Hosseini and Qazizadeh believe that whatever possesses public ownership has two aspects: negative and positive; the negative aspect indicates the prohibition of individual and private ownership; the positive aspect points to the permissibility of utilization for all individuals. Furthermore, they divide public ownership into two categories:
Hosseini and Qazizadeh believe that whatever possesses public ownership has two aspects: negative and positive; the negative aspect indicates the prohibition of individual and private ownership; the positive aspect points to the permissibility of utilization for all individuals. Furthermore, they divide public ownership into two categories:


The ownership of all human beings, whether Muslim or non-Muslim; such as public ownership over waters and plants. However, in another section of the book, forests and seas are considered part of public wealth (''anfal'') and the property of the Infallible (''Ma'sum'') (pp. 172-175), and no explanation has been provided regarding the difference between these two sections;
# The ownership of all human beings, whether Muslim or non-Muslim; such as public ownership over waters and plants. However, in another section of the book, forests and seas are considered part of public wealth (''anfal'') and the property of the Infallible (''Ma'sum'') (pp. 172-175), and no explanation has been provided regarding the difference between these two sections;
The ownership of all Muslims; such as the ownership of all Muslims over cultivated lands that the army of Islam has conquered through war (pp. 130-131).
# The ownership of all Muslims; such as the ownership of all Muslims over cultivated lands that the army of Islam has conquered through war (pp. 130-131).


=== State Ownership ===
=== State Ownership ===
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The second type is "objective and external limitation." The purpose of this type of limitation is a force outside the essence of the human being that determines their social behavior and conduct, and controls their activities and freedom (pp. 219-220). This limitation is implemented in two ways:
The second type is "objective and external limitation." The purpose of this type of limitation is a force outside the essence of the human being that determines their social behavior and conduct, and controls their activities and freedom (pp. 219-220). This limitation is implemented in two ways:


State control and supervision; in Islam, to prevent economic abuses, the state has been granted the right to supervise all activities in order to protect public interests.
* State control and supervision; in Islam, to prevent economic abuses, the state has been granted the right to supervise all activities in order to protect public interests.
Specific economic laws; some of the controlling laws that deter oppression and tyranny are as follows: the prohibition of selling weapons to enemies, the prohibition of renting for unlawful work, the prohibition of assuming governance on behalf of an unjust ruler, the prohibition of printing and publishing misleading books (''kutub al-dalal''), the prohibition of fraud, the prohibition of shortchanging (''kam-foroushi''), the prohibition of gambling, the prohibition of bribery, the prohibition of hoarding (''ihtikar''), the prohibition of usury (''riba''), the prohibition of extravagance (''israf''), and the rule of no harm (''qa'idat la darar''). Approximately one hundred pages of the book are dedicated to explaining these prohibited trades (''makasib muharramah''), citing their proofs, and the statements of jurisprudents (''fuqaha'') (pp. 221-319).
* Specific economic laws; some of the controlling laws that deter oppression and tyranny are as follows: the prohibition of selling weapons to enemies, the prohibition of renting for unlawful work, the prohibition of assuming governance on behalf of an unjust ruler, the prohibition of printing and publishing misleading books (''kutub al-dalal''), the prohibition of fraud, the prohibition of shortchanging (''kam-foroushi''), the prohibition of gambling, the prohibition of bribery, the prohibition of hoarding (''ihtikar''), the prohibition of usury (''riba''), the prohibition of extravagance (''israf''), and the rule of no harm (''qa'idat la darar''). Approximately one hundred pages of the book are dedicated to explaining these prohibited trades (''makasib muharramah''), citing their proofs, and the statements of jurisprudents (''fuqaha'') (pp. 221-319).


== The Principle of Social Justice ==
== The Principle of Social Justice ==
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To realize social justice, in addition to providing the minimum livelihood of the people, the state must also establish social balance so that the class gap is minimized, all individuals in society enjoy relative welfare and comfort, and a balanced and harmonious society is created. For this very reason, based on some narrations, alms (''zakat'') can be given to the poor until they reach the general economic level of the society (pp. 349-358).
To realize social justice, in addition to providing the minimum livelihood of the people, the state must also establish social balance so that the class gap is minimized, all individuals in society enjoy relative welfare and comfort, and a balanced and harmonious society is created. For this very reason, based on some narrations, alms (''zakat'') can be given to the poor until they reach the general economic level of the society (pp. 349-358).


[[Category:Bibliography articles]]
[[Category:Bibliography Articles]]
[[Category:Books about Islamic economics]]
[[Category:Books about Islamic economics]]
[[Category:Books by Sayyid Jafar Hosseini]]
[[Category:Books by Sayyid Jafar Hosseini]]
[[Category:Books by Mohammad Qazizadeh]]
[[Category:Books by Mohammad Qazizadeh]]
[[fa:اقتصاد در فقه اسلامی (کتاب)]]
[[fa:اقتصاد در فقه اسلامی (کتاب)]]