The Jurisprudential and Legal Feasibility of Endowment of Securities Based on The Teachings of Economic Law

دانشنامه حقوق اقتصادی

Volume 31, Issue 25, September 2024, Pages 167-182   

Document Type: Scientific research

DOI: 10.22067/economlaw.2024.85521.1339

Authors

Zahrasadat Mortazavi¹; Seyed Mostafa Mohaghegh Damad^{* 2}; Mohammad Taghi Rafiei³

¹PhD student in Private Law, Department of Private Law, Neyshabour Branch, Islamic Azad University,Neyshabor, Iran

²Full Professor, Department of Islamic Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

³Associated Professor, Department of Private Law, Faculty of Law(Campus Farabi), Tehran University, Tehran, Iran.

Abstract

Taking into account the globalization of the economy and the interrelationship between the knowledge of law and economics, today we are witnessing the redefinition of historical economic concepts and standards with new criteria. Thus, in Iranian law, whose legislative system originates from Imamiyyah jurisprudence, attention to comparative studies is of special importance, which requires the dynamic of jurisprudence issues even more than before. In the meantime, endowment of securities as a subject is involved in some disagreements. However, despite the existence of some arguments in Imamiyyah jurisprudence, such as the non-identity of securities, the contradiction of benefiting from them with the survival of the subject, in this research, which is based on library information along with developed comparative reasoning, it has been determined that the Rationally, the non-limitation of the endowment conditions in the Shari'ah, and the reference to the generality of the proofs of authenticity, prove the possibility of this issue. In the meantime, it is also possible to justify the endowment of securities by referring to the economic principles of reliance cost and outcome-oriented and based on works such as the role of endowment in reducing inequality and its importance in productivity growth, from the point of view of economic rights.

Keywords

Endowment; securities; Imami jurisprudence; globalization; comparative studies

References

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