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.
Highlights
In human societies, observing ethical issues and rights of others, especially the consumer rights are considered as a necessity to prevent chaos and anarchy
The results 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
It seems that different factors like ignoring religious orders in this area, inflation, sanction, and other factors will affect the deterrence punishments of these violations, in the present study, the effectiveness of these punishments in the reduction of trade violations and the necessity of institutionalizing religious orders were discussed with the aim of comparing the deterrence punishments set in trade laws with the argument of opinions of Ja’fari scholars by using descriptive-analytical method and different trade laws according to Islamic narrations and Hadith
Summary
In human societies, observing ethical issues and rights of others, especially the consumer rights are considered as a necessity to prevent chaos and anarchy. The more social and closer life and relationships of people increased the transactions and business of commodities In this regard, the abuse of some people and lack of observing trade laws violated the rights of others and caused chaos and anarchy. Some special trade laws were modified, the significance of the study of deterrence punishments set in these laws and their downward and upward trends seem inevitable. It seems that different factors like ignoring religious orders in this area, inflation, sanction, and other factors will affect the deterrence punishments of these violations, in the present study, the effectiveness of these punishments in the reduction of trade violations and the necessity of institutionalizing religious orders were discussed with the aim of comparing the deterrence punishments set in trade laws with the argument of opinions of Ja’fari scholars by using descriptive-analytical method and different trade laws according to Islamic narrations and Hadith. In the present study, the comparison of deterrence trend of important violations such as hoarding, health violations, business fraud, not to include price, smuggling, use of short weights, and overcharge was discussed
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