Economic Jurisprudence Researcher, in an Exclusive Interview with Contemporary Jurisprudence

Principles of Economic Jurisprudence/19

We have narrations(Hadithes) concerning the time of the reappearance of Imam Mahdi (may his return be hastened) stating that during his era, profit-making among believers will be prohibited. In these narrations, the Imam explicitly states that this principle applies to the time of his reappearance, not the present. If this is the case, and the ideal economic system is such, should we not strive to realize it? To move toward this economic system, we must also transform our social system. Fundamentally, this ideal economic system requires a social and political system distinct from the current one—a system rooted in guardianship (wilaya).

Introduction

Hojjat al-Islam Amir Hossein Saffarian, a graduate of the Meshkat Seminary Complex, has been teaching at this institution for years. Alongside several other graduates of the complex, he has been exploring topics in Islamic economics within the Economics and Governance Group at the Borhan Leadership Institute for several years. He believes that to provide effective answers to questions in economic jurisprudence, we must uncover the fundamental principles and approaches of Islam that constitute its economic system. Otherwise, we are playing on a field that does not belong to Islamic economics, and any conclusions we draw will not contribute to forming the ideal Islamic society.

Interview with Contemporary Jurisprudence

Contemporary Jurisprudence: What are the foundations and assumptions of economic jurisprudence?

Saffarian: Unfortunately, we often have a very minimalist view of economics that severely limits us. Sometimes, some of us merely present a few religious rulings derived from generalities and absolutes without considering the epistemological foundations of economics or the place of Islamic economics within the broader framework of Islamic knowledge. As a result, we end up operating within one of the conventional economic systems, but in a way that is neither fully aligned with the left nor the right, creating a muddled, baseless mixture that no one can view systematically. In contrast, the propositions forming the Islamic economic system must be harmonious and coherent with one another.

Another key point is that, based on Quranic verses and narrations(Hadith), Islam views economics as an instrumental, not intrinsic, matter. In other economic systems, economics is given primacy. The Islamic perspective on economics can be explained as follows: if we consider guardianship (wilaya) as the main pillar of religion, the political system represents its vertical dimension, and the social system its horizontal dimension. The economic system, then, is what enables individuals to play a role in this framework and fosters cohesion among them.

Contemporary Jurisprudence: Does Islamic economics merely consist of a few distinct rulings compared to other economic systems, or does it propose an independent system?

Saffarian: If you design your economic system in alignment with the social and political systems, it should naturally lead to greater human connection, not drive people apart, as is currently the case. The reason for the current state may be that the prevailing view of economics is intrinsic, not instrumental. The capitalist system, which dominates the global economy, treats economics as an end in itself. As a result, an economy that, in the Islamic view, was meant to connect people and foster love and relationships among them, now destroys human connections and pits people against one another. If someone overlooks this and merely relies on a few jurisprudential propositions, they are effectively operating outside the Islamic intellectual framework. For example, they might say, “I accept the liberal economic system but with certain restrictions, such as this being forbidden or that being permissible.” This approach prevents the Islamic system from fully manifesting itself.

Contemporary Jurisprudence: With a minimalist approach to jurisprudence, can one even claim the existence of a branch of jurisprudence called “economic jurisprudence” or a discipline called “Islamic economics”?

Saffarian: At times, we address economic propositions jurisprudentially—for instance, stating that borrowing is discouraged (makruh) or lending is recommended (mustahabb). These are jurisprudential propositions that can apply regardless of the economic system you adopt. However, if you seek to understand jurisprudence within the system derived from Quranic verses and narrations, you can no longer judge it based on isolated propositions, such as saying lending is recommended and borrowing is discouraged. This is because an economic system built on borrowing and lending is fundamentally un-Islamic and should not be accepted. Verses and narrations clearly caution against relying on this method of financing and discourage relationships among people based on loans. Adopting this perspective on Islamic economics changes the playing field entirely, moving beyond the mere permissibility or prohibition of an act. With this view, we cannot accept an institution like a bank that operates based on a loan system. This perspective goes beyond the jurisprudential ruling prohibiting usury; it indicates that such an institution, rooted in loans, operates in a different domain and is incompatible with the Islamic economic system.

I am not currently issuing a religious ruling but proposing assumptions that, if proven, would significantly differentiate Islamic economics. The political and social system greatly influences the formation of the economic system. For example, we have narrations concerning the time of the reappearance of Imam Mahdi (may his return be hastened) stating that during his era, profit-making among believers will be prohibited. In these narrations, the Imam explicitly states that this principle applies to the time of his reappearance, not the present. If this is the case, and the ideal economic system is such, should we not strive to realize it? To move toward this economic system, we must also transform our social system. Fundamentally, this ideal economic system requires a social and political system distinct from the current one—a system rooted in guardianship (wilaya).

When viewed this way, economic propositions—and even legal propositions—become entirely different. For instance, in discussions about ownership, we can propose new ideas. To resolve disputes between parties, we can introduce novel approaches. When the playing field changes, when the design shifts, and when a maximalist view of religion is applied to various systems, including the economic system, the resulting rulings will differ, and existing rulings may not necessarily apply. Given that the foundations of the economic system stem from monotheism (tawhid), numerous other discussions arise, such as: What is the role of economics in an Islamic society, and what mechanisms and goals does it pursue within a community of believers? Why does the Quran emphasize usury so extensively? Why is there such focus on the property of orphans? Why are topics like zakat and anfal (public resources) given such prominence in the Quran?

When you have a comprehensive framework for life derived from Islam, these elements become clear. You must first deduce the main system and framework from the Quran, such as identifying what the Quran emphasizes in economic matters and how much attention we pay to them. For example, how sensitive are we to the property of orphans? How sensitive are we to a woman’s dowry or even to usury itself, which is addressed with such intensity? How sensitive are we to unjust acquisition of wealth (akl mal bil-batil) in its contemporary manifestations?

Once this system is established, we can then turn to narrations and examine topics they address in detail, such as khums (one-fifth tax). Why is there such emphasis on khums in narrations but not in the Quran? What gap in society does it address?

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