The Typology of Muslim Scholars in the Theory of Economic Justice

دانشنامه حقوق اقتصادی

Article 1, Volume 24, Issue 12, May 2017, Pages 1-22   

Document Type: Scientific research

DOI: 10.22067/le.v24i12.51273

Author

sayyed mahdi moalemi^*

al-mostafa international university

Abstract

Introduction
Economic justice has a special place in the field of justice, attracting the attention of many scholars. The main issues in economic justice are the quality of distribution of income, occupation, opportunities, economic freedom, leisure, rights, and privileges and in general the distribution of economic benefits among individuals and groups (Tavassoly, 1997).
So far, very diverse views have responded to economic justice issues. Scientific activities in the field of justice can be Simulate the building that realization of each stage is an introduction and an opportunity to enter the next steps. Hence, various views on justice-related issues are due to the differences in the viewpoints of previous stages. Meanwhile, the application of appropriate method is the key to achieving the principles of economic justice. Each justice theorist has to be able to prove the legitimacy and rationality of his proposed method for achieving the principles and standards of justice. Positivism, Deontology, Pragmatism, and Socialism have been the most important methods of human schools based on self-centered rationality to answer the main questions of economic justice.
Muslim scholars, with different interpretations of Islamic teachings, have presented various views on economic justice. It should be noted, however economic justice in human schools has evolved out of the ideas of the scholars and identified principles. Yet, in the Islamic economy, we are faced with the theoretical structure of the existing structures (Sadr, 2003). Therefore, the methodological explanation of the principles of economic justice in Islamic teachings is necessary.
Theoretical Framework
So far, foundationalism has dominated Islamic methods of justice in general, and economic justice in particular. However, some perspectives on the signing of the lawful orders in the economy, the position of rational and customary foundations in the determination of economic law, and the principle of the guidance of religious orders in contracts, have caused differences in the way Muslim scholars confront the issues of justice in the economy. These methods are: “Text Foundationalism ”, “Rational Foundationalism” , “Vilaiee and Natural Foundationalism “Functionalism coherentism of Foundationalism”. In this study, each of these methods has been investigated.
Methodology
The broad spectrum of Muslim thinkers' views on economic justice has caused the difficulty of analyzing their main elements. By classifying, simplifying, and knocking out the effective components in these theories, it is also possible to increase the speed of its recognition and analysis. Typology is one of the classification methods that is often multidimensional and conceptual, and is explained by the names of each species (Bailey, 1994).
This article, by means of a philosophical analysis, verifies the methods of Islamic scholars in order to answer the main questions of economic justice and evaluate each one.
Results & Discussion
We should khnow the base of the belief in “Text Foundationalism ” is only religious texts and not else. One observes a spectrum of narratives in the justice of religious research whose common aspect is the inadequate attention to intellectual teachings in a research process. The Ahle Hadith, the Ash'arites, and the Prophetical School are various groups of constituencies.
Aside from the epistemological faults of this method, the cruelty and dogma in this theory leads to its ineffectiveness in economic policy.
In “Rational Foundationalism” by discovering the cause of deserving, financial rights, which are fundamental pivots in determining the principles of economic justice, are discovered. There are two trends in this way: The first trend determines desirability based on the cause of the subject and the second tendency based on the ultimate cause. In the first tendency, the cause of existence is the origin of the creation of the right and the cause of entitlement. When the cause creates the disability, it has the right to seize the disability and prohibit others from seizing it .For instance, a person who plant a tree and he will take of it until the fruits, this is his right that use this fruits, because that fruits was because of its taking care of. (Mesbah Yazdi, 2002). But, in the second tendency, for recognize of the rights in justice right plan, we should consider relative between capacity and the purpose of his creation. (Motahari, 1983).
However, this method is possible to discover of the causation in position of SOBOOT, bout It is impossible in position of ESBAT, to discover of the finance rights by rationality. This approach leads to a deadlock in the theory of economic justice.
The basic belief in the “foundationalism of creation” is revelation. Every epistemology of religion must have a reasonable relation with revelation (Quran and Sunnah). According to this method, justice does not mean every right is right or does not attract maximum benefits for social life. But justice is rooted in the inalienable desire for the expansion of monotheism. Justice means “the realization of the relationship of monotheism in the world, including the social life of man”.(Mirbagheri, 2013) Hence, Divine Providence should govern the process of establishing the recognition of economic justice. This method has a basis for epistemological reasons due to the negation of the truth and falsehood of scientific propositions.
"foundationalism coherent functionalist" is a combination of basic beliefs, coherence, and function which begins in the long run from the basic beliefs and leads to the coherence and ultimately the functioning of the theory. (Khosropanah, 2012)
Conclusions & Suggestions
" Functionalism coherentism of Foundationalism ” due to a comprehensive look at Islamic teachings and attention to the ends and purposes of Shari'a in deducing financial rights - which plays a significant role in economic justice- is far off the defects of previous methods, such as jumble, dogmatism, inefficiency, and impasse theorizing. On the other hand, this method is more authentic and efficient.

Keywords

Economic justice; justice philosophy; Methodology; Foundationalism

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