Criminalization Principles of Economic Crimes in Shia Jurisprudence

Document Type : Research Paper

Authors

1 tehran

2 TEHRAN

Abstract

Economics in the age of modernity has new and broader concept. Money has no longer the actual value. Nullity unlike the facts includes the vast areas. By this assumption, economics has the vast areas of activity that needs the new obligations. In this situation the social-cultural values exposed violations. So to protect the solidarity of social system, specially the economic system on the basis of Islamic teachings, we must establish economic beliefs on the rational and inspiration beliefs. To find the principles of economic criminalization in Shia Jurisprudence, we search the Quran and hadith by the analytical method. This issue is related to philosophy of economic criminal law and so we have a few researches in this subject. Because of this we have no theory in this field. The principle of criminalization of economic crimes in Quran and Islamic Tradition are: Prohibited of invalid occupation, prohibited of aiding sinful acts, Prohibited of illegal premise. The rational principles in jurisprudence are: principle of no harm, interest, order, bailment and fair redistribution of wealth. 

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