Introduction: Although the concept of economic popularization has gained prominence due to its mention in the statements of the Supreme Leader of the Islamic Revolution, it has rarely been the subject of scholarly discourse. Discussions on the jurisprudential dimensions of economic popularization are particularly scarce. Hojjat al-Islam wal-Muslimeen Dr. Seyyed Hamid Joushqani, Secretary of the Jurisprudence of Economics Department at the Research Institute for Contemporary Jurisprudential Studies, in an exclusive interview with Contemporary Jurisprudence, elaborates on the jurisprudential dimensions of economic popularization. The full text of this interview is as follows:

Contemporary Jurisprudence: What is meant by economic popularization?

Joushqani: Economic popularization refers to the creation and strengthening of an economic system that promotes active public participation in economic processes, enabling people to benefit equitably from economic opportunities and advantages. In essence, economic popularization seeks to establish a system in which people are not merely consumers but also producers and decision-makers, contributing to improving the quality of life and fostering sustainable societal development. Economic popularization entails increasing public participation in economic decision-making, which can occur through local institutions, cooperatives, and non-governmental organizations. Supporting small and medium-sized enterprises that directly address societal needs is a crucial factor in economic popularization. In other words, providing education and necessary resources to enable people to participate in economic processes and acquire the required skills is the essence of economic popularization.

Contemporary Jurisprudence: What is the role of Islamic jurisprudence in economic popularization?

Joushqani: Economic popularization, as a social and economic objective, requires adherence to Islamic principles and values. Islamic jurisprudence, as a fundamental pillar of Islamic sciences, plays a significant role in this regard. Some of the roles and responsibilities of Islamic jurisprudence in economic popularization include:

• Clarifying economic ethical principles: Jurisprudence can articulate ethical and value-based principles in the economic sphere, including justice, fairness, honesty, and responsibility in transactions and economic activities, which can enhance economic behaviors.
• Formulating economic laws and regulations: Jurisprudence can contribute to the development and refinement of economic laws and regulations to ensure their alignment with Islamic principles and support the goals of economic popularization.
• Promoting cooperation and social participation: Jurisprudence encourages and promotes cooperative activities and social participation, including the establishment of cooperatives, interest-free loan funds (qard al-hasan), and other economic institutions like social takaful, which address societal needs.
• Education and empowerment: Jurisprudence can promote economic education within society, covering principles of financial management, investment, and entrepreneurship based on Islamic foundations.

Contemporary Jurisprudence: Do the establishment of financial institutions such as khums, zakat, charity, atonement, etc., in Islamic jurisprudence align with economic popularization, or are they unrelated?

Joushqani: The establishment of financial institutions such as khums, zakat, charity, and atonement in Islamic jurisprudence has a direct and significant connection with the concept of economic popularization. These institutions serve as tools to achieve social justice, reduce poverty, and ensure equitable wealth distribution in society, which are among the objectives of economic popularization. Financial institutions like zakat and khums are specifically designed to distribute wealth among community members, addressing the needs of the poor and disadvantaged and reducing economic inequalities. These institutions also foster a culture of cooperation and altruism in society. By paying zakat and charity, individuals not only assist the needy but also strengthen social bonds and a sense of responsibility within the community.

Moreover, these institutions can contribute to financing social, cultural, and economic projects that benefit society. By distributing financial resources through zakat and charity at the local level, local economies and small and medium-sized enterprises, which significantly contribute to economic popularization, can be supported.

In general, financial institutions such as khums, zakat, charity, and atonement in jurisprudence not only function as financial tools but also contribute to achieving the goals of economic popularization and improving the social and economic conditions of society.

Contemporary Jurisprudence: From a jurisprudential perspective, what responsibilities does an Islamic government have regarding economic popularization?

Joushqani: From the perspective of Islamic jurisprudence, an Islamic government has specific duties and responsibilities concerning economic popularization. These duties relate to ensuring justice, promoting cooperation, regulating markets, fostering an Islamic economic culture, supporting domestic production, and facilitating public participation in decision-making. These measures can improve the economic conditions of society and achieve Islamic objectives.

Based on jurisprudential rulings related to the utilization of natural resources, the government must ensure the equitable distribution of resources and wealth in society, preventing wealth concentration among a few and striving to reduce class disparities. As inferred from jurisprudential rulings, the government must adopt policies to support the poor and needy, providing them with the means for a dignified life.

Another responsibility emphasized by jurisprudence is market regulation and supervision, which includes controlling prices and ensuring the quality of goods. In cases where the market cannot naturally regulate prices, the government must intervene to prevent excessive price increases. Supervision of the quality of goods and services is also essential to protect consumer rights and prevent fraud and deception.

Developing an Islamic economic culture, promoting Islamic economic principles, and encouraging proper and efficient consumption are additional governmental responsibilities. Furthermore, creating platforms for public participation in economic decision-making and facilitating conditions for people to engage in work and domestic production are among the duties derived from jurisprudential principles.

Contemporary Jurisprudence: What are the jurisprudential conditions for contracts related to economic popularization and the transfer of economic enterprises?

Joushqani: Contracts related to economic popularization and the transfer of economic enterprises in Islamic jurisprudence, due to their economic, social, and ethical implications, require adherence to specific jurisprudential conditions. These conditions include:

1. Legitimacy of the contract: Every contract must comply with Islamic principles and rules. The contract must not involve usury (riba), deception (ghish), or any prohibited transactions.
2. Mutual consent and agreement: The parties must enter the contract willingly and without coercion. The terms of the contract must be clearly and transparently agreed upon by both parties.
3. Clarity of the contract’s subject: In contracts for transferring enterprises, the type and specifications of the enterprise must be precisely defined.
4. Compliance with financial conditions: This includes fair pricing and financial transparency.
5. Alignment with national laws: The contract must comply with the country’s laws and regulations and be legally enforceable.
6. Contract enforcement guarantees: In case of non-fulfillment of obligations, necessary guarantees for compensation must be specified.
7. Supervision and transparency: The presence of supervisory institutions to ensure proper contract execution and prevent corruption and abuse is essential.
8. Consideration of public interest: The contract must benefit society and the broader economy, contributing to sustainable development.

Given these conditions, contracts for economic popularization and the transfer of economic enterprises must be designed and implemented in a way that is legitimate and acceptable from jurisprudential, legal, and social perspectives.

Contemporary Jurisprudence: From a jurisprudential perspective, how are the criteria for transferring enterprises based on their financial value determined?

Joushqani: In the context of economic popularization, the transfer of companies and economic enterprises based on their financial value, from an Islamic jurisprudential perspective, requires adherence to specific criteria and principles to ensure legitimacy and justice in the process. These criteria include:

1. Determining the real value of the company using impartial experts.
2. Transparency and symmetry in financial information to enable informed decision-making and prevent deception.
3. Considering the interests of all parties alongside the interests and welfare of society.
4. Compliance of the transfer and popularization stages with Islamic ethical and jurisprudential principles.
5. Supervision and approval by competent and impartial institutions, which may include governmental organizations, religious institutions, or bodies comprising representatives of the government and the public.

Contemporary Jurisprudence: From a jurisprudential perspective, how are the criteria for transferring enterprises based on operational capacity determined?

Joushqani: The transfer of economic enterprises based on operational capacity, from a jurisprudential perspective, requires adherence to specific criteria and principles. These include:

1. Analysis of operational capacity: The actual production and operational capacity must be thoroughly evaluated, including an assessment of production capacity, human resources, technology, and infrastructure. Independent experts and specialists can be employed to ensure a fair and accurate evaluation.
2. Transfer based on comprehensive information: All information related to operational capabilities, including production capacity, target market, and economic conditions, must be accurately, transparently, and comprehensively available. Misleading or incorrect information must be avoided to protect the rights of all parties, particularly the buyer.
3. Potential for development and improvement by the operator: The potential for growth and development of the company must be considered, evaluating whether the buyer has the ability to enhance and increase operational capacity.

Contemporary Jurisprudence: From a jurisprudential perspective, what should the frameworks for transferring economic enterprises be?

Joushqani: The transfer of economic enterprises, from a jurisprudential perspective, requires appropriate and specific frameworks to ensure justice, transparency, and legitimacy in the process. The necessary frameworks for transferring economic enterprises include:

1. Clear laws and regulations: There must be transparent laws and regulations for transferring economic enterprises that adhere to jurisprudential and ethical principles. All laws and regulations must align with Islamic principles, avoiding any conflict with religious rulings.
2. Independent supervisory institutions: The presence of credible and independent supervisory institutions to review and approve the transfer process is essential. These may include governmental, religious, or non-governmental organizations. Supervisory institutions must oversee the proper execution of contracts and prevent corruption and abuse.
3. Access to financial and economic information: All information related to the financial and economic status of the enterprise must be transparently available to buyers and investors. Financial and economic reports must be prepared and presented accurately and reliably to prevent deception and abuse.
4. Defined processes: Clear legal and administrative processes for transferring enterprises must be established, including stages for evaluation, pricing, and ownership transfer.
5. Education and empowerment: Training programs on the jurisprudential and ethical principles of transfers should be provided for stakeholders, including managers and employees of economic enterprises. Buyers must be equipped with managerial and technical capabilities to effectively operate the transferred enterprises.

In conclusion, the frameworks for transferring economic enterprises must be designed and implemented to uphold Islamic principles, justice, transparency, and public interest. These frameworks not only protect the rights of all parties but also contribute to economic integrity and sustainable development.

Contemporary Jurisprudence: From a jurisprudential perspective, how are the criteria for transferring enterprises based on individual qualifications determined?

Joushqani: The criteria for transferring enterprises based on individual qualifications, from a jurisprudential perspective, are particularly significant in areas such as social, economic, and political responsibilities. In Islamic jurisprudence, individual qualifications are tied to factors such as knowledge, piety, experience, and competence. These criteria include:

1. Knowledge and awareness: The individual must have sufficient knowledge and awareness in the field of responsibility assigned to them, ensuring they have the necessary capability to fulfill their duties.
2. Piety and religiosity: From a jurisprudential perspective, an individual’s piety and adherence to Islamic principles are of great importance. They must uphold ethical and Islamic standards in their duties and avoid sin and corruption.
3. Experience and skill: Relevant experience in the field of responsibility is another key criterion. The individual must possess the necessary skills to perform their duties effectively.
4. Honesty and trustworthiness: Since transfers often involve financial and social matters, honesty and trustworthiness are essential qualities.
5. Justice: In some cases, the individual’s justice is considered, requiring them to act without discrimination or injustice and to uphold fairness in decision-making.
6. Mental capacity: Sound judgment and the ability to make rational and correct decisions are critical criteria. The individual must be capable of understanding and analyzing issues.
7. Collective agreement: In certain cases, transferring responsibilities requires collective agreement, which may involve consultation and consensus-building.