Note

Economic jurisprudence, by virtue of its extensive presence in society and among people, is one of the largest, most far-reaching, and most influential chapters of contemporary jurisprudence. Although issues within this jurisprudential chapter have been discussed in the jurisprudential books of predecessors, the development of discussions in the science of economics, as well as the emergence of new economic topics and discussions in recent decades, seems to have brought about a new economy that also demands a new economic jurisprudence. Hujjat al-Islam Dr. Sayyid Hamid Joshqani, a faculty member of the Economics Department at Al-Mustafa International University, addresses the current challenges facing economic jurisprudence in this exclusive note. He considers one of the most significant challenges of economic jurisprudence to be the lack of jurisprudential scholars of economics who are well-versed in both these disciplines. This is while the majority of current researchers in economic jurisprudence are either economics researchers with little familiarity with jurisprudence or jurisprudential scholars with little command of the science of economics. The exclusive note from the Secretary of the Economic Jurisprudence Department at the Research Institute for Contemporary Jurisprudence Studies is as follows:

The challenges of economic jurisprudence can be discussed from various angles. These angles are as follows:

• Islamic Economics Educational Program: The expansion and development of Islamic economics education did not occur with a clear strategy and a well-defined, long-term plan. From the outset, this discussion was not coupled with the establishment of an independent field or an independent specialization within the educational system. After the reopening of universities, there was not even a codified system for teaching Islamic economics courses, and the limited units taught at the undergraduate level, and subsequently at the master’s level, lacked a structured framework and were generally taught based on the instructors’ preferences.
• Impossibility of Unidimensional Research: Economic jurisprudence cannot be discussed and examined separately from other components of Islamic economics. Issues in economic jurisprudence require examination within the framework of the Islamic economic school of thought and system; therefore, an individual who wishes to enter the field of economic jurisprudence must have at least a basic awareness of these two categories.
• Strong Dependence of Economic Jurisprudence on Subject-Matter Identification (Mawḍūʿ Shināsī): Perhaps most economic issues depend on subject-matter identification; however, this is clearly evident in newly emerged economic issues (mustaḥdathah). The study of financial sukuk (Islamic bonds) and financial and monetary interactions are issues that urgently require precise subject-matter identification. In Islamic economics research, we need familiarity with contemporary economics as well as familiarity with the foundations of Islamic economics. However, researchers in this field either only have familiarity with contemporary economics and consider a mere acquaintance with religious rulings sufficient for research in economic jurisprudence, or they are only equipped with jurisprudential and methodological (uṣūlī) discussions and are unaware of economic discussions, deeming familiarity with economic events in society sufficient in this regard, or they merely have a brief awareness of both. Perhaps one can point to a few researchers who have sufficient expertise in both areas.
• Existence of Multiple Opinions in Economic Jurisprudence: This is another challenge that has complicated the examination of economic issues and the presentation of a unified theory.
• Limiting Islamic Economics to Economic Jurisprudence (Fiqh al-Iqtiṣād): This is another challenge that even causes deficiencies in economic jurisprudential issues themselves.
• Insufficient Availability of Resources Specifically Dedicated to Economic Jurisprudence: This is another problem that poses a challenge to research in this field. Even the existing research has not been compiled, categorized, and presented in a software format. Most of the research conducted in the field of economic jurisprudence is based on Sunni jurisprudence, and Shi’i economic jurisprudence research is not numerous.
• Dispersion of Existing Research: Perhaps compiling a codification of economic jurisprudence topics would contribute to the coherence of the work and, consequently, the adoption of a unified basis in economic issues.
• Lack of a Specialized Center Responsible for Economic Jurisprudence: This can cause problems in the long term, as it is unclear which center or body is responsible for and oversees this chapter of jurisprudence.
• Non-Operational Nature of Conducted Economic Jurisprudential Discussions and Lack of Attention from Officials to Operationalize Research Findings: This has led to a lack of necessary productivity in economic jurisprudence research. It is imperative that this research be conducted through a process of back-and-forth between academic centers and economic institutions so that discussions are refined, amended, and developed.