The Comparison of Deterrence Punishment for Trade Violations in Ja’fari Jurisprudence and Iran Trade Laws

Abbas Nakhaei, Ayat Moulaee

Abstract


Background and objective: In the present study, the comparison of deterrence punishment for trade violations in Ja’fari jurisprudence and Iran trade was examined. Also, the effectiveness of these punishments on reduction of trade violations and the necessity of institutionalizing religious orders in different trades were discussed.

Methodology: the method used in the present study is descriptive-analytical and it used different trade laws and Islamic narrations and Hadith. According to the variety of trade violations in governmental and non- governmental sectors, seven important violations of hoarding, health violations, business fraud, not to include price, smuggling, use of short weights, and overcharge were discussed in the present study.

According to the main objective of the executives of punishments for trade violators to support and observe consumer rights and also the study of Quranic verses, narrations and Hadith, showed that paying less attention to religious orders has a positive effect on trade violations. Inflation in commodity price and sanction of some consumable commodities has also a positive effect on reduction of trade violations deterrence. The results also showed that the effectiveness of trade violations deterrence is more than its legal resources according to religious and Islamic factors mentioned in Ja’fari jurisprudence. Thus, the necessity of approving a comprehensive trade system law with the approach of institutionalizing the culture of Islam based on trade laws of Ja’fari jurisprudence is felt.


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DOI: https://doi.org/10.5539/jpl.v10n1p114

Copyright (c) 2016 Abbas Nakhaei

License URL: http://creativecommons.org/licenses/by/4.0

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