Document Type : research
Authors
1
PhD student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Islamic Azad University, Varamin-Pishva Branch, Varamin, Iran.
2
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Islamic Azad University, Varamin-Pishva branch, Varamin, Iran.
3
Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Islamic Azad University, Varamin-Pishva Branch, Varamin, Iran.
10.22034/ejs.2023.415996.1549
Abstract
Background and Aim: Public order and good morals are two general concepts that have important effects in various legal fields, including contracts, etc. The purpose of this research is to examine and explain the concepts, types, examples, functions and effects of public order and good economic ethics in Iran's legal system and Imami jurisprudence.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The findings of the present research show that the general economic order and good economic ethics are considered the source of principles and rules in Iran's legal system and Imami jurisprudence. In fact, the function of these two concepts is not merely a negative function in the direction of "negation"; Rather, these two concepts can also have a positive function
Conclusion: The general economic order of the source, due to its textuality, is compatible with the law - the same government tool - but it is different from it. Because on the one hand, the provisions of all legal articles are not considered part of the general economic order. The good economic ethics of the source is not textual, and this point makes its positive function more effective; A source that is beyond the text, the place of emergence and discovery of legal rules and principles, compensates for the textual gap and results in the flexibility of the legal system and its exit from rigidity.
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