Note
Economic jurisprudence is a concept that is both simple and complex (Ar. sahl wa mumtaniʿ); simple, because its various topics have been discussed in jurisprudential books for centuries; and complex, because so many new topics and approaches have emerged in the science of economics that it seems as if economic jurisprudence has no significant precedent at all. Hujjat al-Islam wa al-Muslimin Mohammad Reza Yousefi Sheikh Robat, born in November 1962, pursued his studies in economics concurrently with his seminary education and attendance at the advanced (Kharij) lectures of prominent religious authorities in the Qom Seminary. He obtained a Bachelor’s degree in “Theoretical Economics” from Mofid University in 1993; a Master’s degree in “Economic Development and Planning” from Allameh Tabataba’i University in 1997; and a Ph.D. in “Economics, specializing in Monetary Economics and Islamic Economics” from Mofid University in 2012. In addition to teaching at the seminary and university, he has authored numerous books and articles on various economic topics, some of which include: “The Evolution of Economic Thought of Muslim Thinkers,” “Principles of Islamic Economics,” and “The Islamic Financial System.” In an exclusive interview with Contemporary Jurisprudence, he elaborated on economic jurisprudence and its various dimensions. He believes that the exigencies of the modern world necessitate a distinction between economic jurisprudence and the jurisprudence of financial transactions. The detailed exclusive interview of Contemporary Jurisprudence with the Associate Professor of the Department of Economics at Mofid University is as follows:
Contemporary Jurisprudence: What is economic jurisprudence and what are its requirements?
Yousefi: The well-known definition of jurisprudence (fiqh) states: “Jurisprudence is the knowledge of the secondary religious rulings derived from their detailed evidence.” These rulings include both obligating (taklīfī) and declarative (waḍʿī) rulings. Various classifications and categorizations have been made for jurisprudence. These classifications are based on the topics studied and examined by the science of jurisprudence. The early scholars did not arrive at a specific criterion for categorizing jurisprudence; hence, Sheikh [al-Tusi], [Abu al-Salah] al-Halabi, Sallar [al-Daylami], Ibn Zuhrah, and others each divided jurisprudence in their own way; until al-Muhaqqiq [al-Hilli] divided jurisprudence into four chapters: acts of worship (ʿibādāt), contracts (ʿuqūd), unilateral declarations (īqāʿāt), and ordinances (aḥkām), and in later periods, this division became established. Although other classifications exist, such as the classification by al-Shahid al-Awwal in Al-Durus, al-Muhaqqiq’s classification was generally accepted due to its comprehensiveness and suitability.
Meanwhile, the term “transactions” (muʿāmalāt) was also used, which is generally employed in two senses: first, transactions in the broader sense, meaning the interaction of people with each other in the spheres of property and family; and second, transactions in the narrower sense, or financial matters, or in other words, financial transactions. Of course, transactions have also been described in other ways. For example, the late [Mirza] Na’ini divided transactions into three types; however, our discussion concerns transactions in the narrower sense, or financial transactions. Financial transactions refer to contracts in which property is exchanged. This classification was acceptable for its time and from a jurisprudential perspective, and among jurists, it was called the jurisprudence of financial transactions, especially the books published by Sunni jurists under this name, which address issues such as property (māl), ownership (milk), rights (ḥaqq), and financial contracts. Sometimes, instead of the jurisprudence of financial transactions, economic jurisprudence is also mentioned, which, in their view, these two mean the same thing; but in reality, the jurisprudence of financial transactions can be explained within the framework of the old classification inherited from al-Muhaqqiq. The necessity of the times requires a distinction to be made between economic jurisprudence and the jurisprudence of financial transactions to reflect the difference that has emerged at least since the twentieth century.
Two points are important here and should be noted:
First, the evolution of topics in the modern world. In past times, topics were not considered with such diversity and precision. Therefore, Shahid [Muhammad Baqir] al-Sadr, inspired by the classifications in legal science, divided jurisprudential topics into four categories: acts of worship; property, both public and private; personal conduct, manners, and behavior unrelated to acts of worship and property; and finally, public manners of conduct and behavior of governmental and public apparatuses, judiciary and governance, peace and war, international relations, general guardianship (wilāyat ʿāmma), jihad, etc. In any case, new discussions have arisen that cannot be accommodated in the classification of the late al-Muhaqqiq, and Shahid al-Sadr tried to present a new classification. Also, some, in accordance with legal discussions and considering the affinity between jurisprudence and law, have divided jurisprudential topics into seven categories; therefore, due to transformations, it is necessary to change the subject-matter classification and categorization of jurisprudential discussions.
The second important point is that jurisprudence usually addressed issues from an individual perspective. However, it seems necessary to look at issues from a social perspective as well and to state their rulings.
Considering the two aforementioned points, it is necessary for the chapters of jurisprudence to change in proportion to the transformations of the era. Therefore, in the realm of financial matters, the jurisprudence of financial transactions does not seem sufficient. In addition to the various types of transactions between natural and legal persons, which can be categorized under the same heading of transactions, discussions on state ownership, issues of how the government earns revenue, government expenditures, government financial dispositions, and similar matters that fall within the domain of the state, are topics that were not previously given attention. In other words, the financial jurisprudence of the state (how the government earns revenue and spends) and government policies also enter the sphere of economic jurisprudence; however, this subject is not included in the conventional jurisprudence of financial transactions.
Secondly, the type of perspective in economic jurisprudence is different from that in the jurisprudence of financial transactions. There is also a difference between individual jurisprudence and social jurisprudence. One example is the discussion of the permissibility of levying taxes, where the two perspectives differ and lead to different conclusions.
The third difference relates to the classifications within the jurisprudence of financial transactions and economic jurisprudence. In the jurisprudence of financial transactions, contracts such as sale (bayʿ), lease (ijārah), loan (qarḍ), partnership (muḍārabah), etc., are considered. However, in modern discussions, topics such as the jurisprudence of the state, the jurisprudence of labor and employer relations, financial jurisprudence including the jurisprudence of money, the jurisprudence of the capital market, the jurisprudence of contracts, the jurisprudence of financial relations between governments and countries, the jurisprudence of banking, the jurisprudence of the environment and natural resources, etc., all fall under the heading of economic jurisprudence.
Contemporary Jurisprudence: What is the difference between economic jurisprudence and Islamic economics, and what is the relationship between the two?
Yousefi: In the previous question, the concept of the jurisprudence of financial transactions and also economic jurisprudence was explained. Regarding Islamic economics, the meaning of Islamic economics must also be clarified. What is meant by Islamic economics is the Islamic school of economic thought. An economic school of thought means a set of fundamental principles that a group of scholars in the field of economics believe in, and in their view, these principles form the intellectual axis of that group and define their intellectual identity. The most important of these principles relate to the relationship between government intervention and economic freedom, as well as private ownership. Therefore, the Islamic school of economic thought is Islam’s general viewpoint regarding the relationship between the state and economic freedom, as well as private ownership.
Shahid al-Sadr, assuming the equivalence of the jurisprudence of financial transactions with economic jurisprudence, believes that the relationship between the two is that of infrastructure and superstructure, and that through the jurisprudence of financial transactions or economic jurisprudence, one can discover the principles of the Islamic school of economic thought. Of course, although one can agree with the generality of his statement, there are challenges in this regard.