Note: The “Popularization of the Economy” is a theory that has been raised in the country’s economic sphere for nearly a decade. The expression of this theory by the Martyred Leader of the Islamic Revolution prompted the exploration of its various dimensions by the country’s economic scholars. One of these dimensions consists of the jurisprudential foundations and presuppositions of this theory. Hujjat al-Islam wal-Muslimeen Seyyed Hamid Joshqani, faculty member of the Department of Islamic Economics at Al-Mustafa International University, considers this theory incomplete without elucidating its jurisprudential presuppositions. According to this professor and researcher of Islamic economics, Islamic jurisprudential concepts are not only not incompatible with the popularization of the economy, but through certain modern readings, fully express the necessity of this theory. The detailed exclusive interview with the Head of the Department of Jurisprudence of Economics at the Research Institute of Contemporary Jurisprudence is presented below:

Contemporary Jurisprudence: What is the role of the discipline of jurisprudence in realizing the popularization of the economy?

Joshqani: The popularization of the economy is not merely an economic mechanism, but a developmental perspective that requires coordination among legal, political, social, and cultural dimensions. The discipline of jurisprudence—from the legal aspect, as well as from the perspectives of economic jurisprudence and governance jurisprudence—can assist in the process of popularizing the economy. Therefore, the role of the discipline of jurisprudence in realizing the popularization of the economy can be examined across several key axes:

1. Providing the Sharia Foundations of Popularization

Islamic jurisprudence, by offering principles such as economic justice, prohibition of monopoly (prohibition of hoarding), equitable distribution of wealth (Zakat, Khums, Anfal), and the prohibition of usury (riba), provides a Sharia framework for popularizing the economy. For example, the ruling prohibiting rent-seeking and monopoly prevents the concentration of wealth in the hands of specific groups and prepares the ground for fair public participation. Eliminating usurious and unlawful transactions steers the economy toward real, productive, and wholesome activities that are generally more popular and accessible.

Another example is jurisprudential rulings such as the obligation of work, the prohibition of unemployment, and the encouragement of industry and agriculture, which create incentives for active public participation in national production. Likewise, halal and haram laws in trade provide a healthy substrate for popular economic activities.

Creating Legitimate Infrastructure for Public Economic Participation

Jurisprudence, by designing institutions such as Zakat, Qard al-Hasan (benevolent loans), Mudarabah companies, and Musharakah (partnership), provides the ground for voluntary public participation in the economy.

Islamic jurisprudence supports participatory economic models such as cooperatives (based on the principle of cooperation), Waqf (endowment, to support public sectors), and Mudarabah companies (to expand collective ownership). These institutions serve as jurisprudential tools for popularizing the economy.

Redefining Ownership and Property Within the Framework of Justice

Islamic jurisprudence emphasizes that human beings, in their capacity as divine vicegerents, are trustees of wealth. Such a viewpoint provides the basis for critiquing monopolistic capitalism and promoting collective participation in the economy.

Strengthening Economic Ethics in Society: Jurisprudence pays attention not only to legal rules but also to the moral education of individuals (such as prohibiting wastefulness, consumerist luxury, deception in transactions, and rent-seeking). This moral development strengthens the groundwork for public trust and participation in economic activities.

Limiting State Ownership/Management (State Enterprise)

Based on the theory of Wilayat al-Faqih (Guardianship of the Islamic Jurist), the Islamic government should not directly intervene in economic affairs, except in cases of necessity (supervision such as market regulation, countering monopolies, and facilitating). Jurisprudence, by separating governance duties (umur hakimiyyah) from state-executive enterprise (umur tasaddiyyah), contributes to reducing state bureaucracy and strengthening the popular sector.

Assisting Transparency and Social Accountability

Islamic jurisprudence emphasizes Haqq al-Nas (the rights of the people) and the preservation of public property, deeming any economic corruption or embezzlement unlawful. These principles form a foundation for public oversight of the economy and financial transparency.

Contemporary Jurisprudence: What jurisprudential foundations and presuppositions does the popularization of the economy require?

Joshqani: The popularization of the economy differs from the privatization of the economy. The popularization of the economy means increasing the participation of the general public in decision-making, policy formulation, and economic activities in such a way that the country’s economy is managed based on the will and capabilities of the people, while the state maintains a supervisory, facilitating, and ground-laying role. In other words, the general public must undertake economic activities; activities should be both performed by the people and enjoyed in terms of their fruits. This requires directing economic activities toward areas whose revenues return to the general society and bring about public interests and welfare—unlike privatization, which seeks market competitiveness and maximizing profit. Naturally, the latter goal directs activities toward goods and services that yield the highest profitability.

Therefore, in light of the above introduction, in certain cases where state ownership as well as public ownership is involved, the jurisprudential presupposition can be posited that the state, while maintaining its right of ownership, does not have the right to engage directly in economic activity, and any economic activity it intends must be entrusted to the people. Of course, the state must fulfill its supervisory and facilitating role. This assumption can, on one hand, be a result, and on the other hand, an indicator of the jurisprudential ruling on the discouragement (karahah) of becoming a hired worker (ajir).

The popularization of the economy as an economic model based on public participation requires jurisprudential presuppositions and foundations extracted from Islamic sources (Quran, Sunnah, reason, and consensus). These foundations provide the necessary Sharia and moral framework for realizing a popular economy. The most important of these foundations include:

1. Equitable distribution of resources (neither absolute state ownership nor absolute private ownership);

2. Public participation through Sharia institutions (cooperatives, Waqf, Mudarabah);

3. The regulatory role of the state (not direct intervention);

4. Transparency and ethical orientation in all transactions.

Contemporary Jurisprudence: Do we require changes in certain foundations and presuppositions of economic jurisprudence to achieve the popularization of the economy?

Joshqani: Economic jurisprudence forms a section of Islamic economics. Given that Islamic economics is a popular economy, and considering the previously stated definition of popularizing the economy, the presuppositions and foundations of economic jurisprudence—which are influenced by economic subject matters—are oriented toward the issue of popularizing or, more accurately, keeping the economy popular. Except for certain cases that, according to secondary rulings (ahkam thanawiyyah), must be under direct state supervision and connection, in all other cases, the implication of jurisprudential rulings is that the economy should remain popular.

To further explain the issue of altering jurisprudential foundations for realizing the popularization of the economy, a precise demarcation is required between fixed jurisprudential principles and dynamic ijtihad (ijtihad-e puya) regarding economic issues. A set of foundations is unchangeable (jurisprudential constants). Certain jurisprudential principles of economics are likewise immutable, such as:

• The prohibition of usury (riba): Thus, any popularization model must not lead to utilizing usurious practices.

• Public ownership of Anfal (public/divine resources): Therefore, in popularization, strategic resources must remain under public supervision.

• The prohibition of hoarding (iehtikar) and monopoly: Popularization must not lead to the concentration of wealth in new groups.

However, a set of foundations is considered among jurisprudential variables. Certain jurisprudential concepts, while maintaining core principles, possess the capacity to be adapted to a popular economy, such as expanding the concept of “cooperation” (ta’awun) in relation to modern cooperatives (like crowdsourcing startups), extending the concept of property (maliyyah) and asset to the “tokenization of assets,” or, in the digital economy, formulating jurisprudential criteria for the ownership of data and knowledge or the utilization of smart contracts.

Another example is the view regarding the “worker.” In traditional jurisprudence, the worker is regarded as a hired person (ajir); however, if the popularization of the economy is intended, the worker is presented as a partner and stakeholder in the generated value.

The conclusion is that popularizing the economy is not only not opposed to jurisprudence, but by returning to principles such as “cooperation” and “justice,” it can bring about the revival of Islamic economics. However, this process requires:

1. Methodological ijtihad by jurists familiar with modern economics;

2. Experimentation through practical trials; and

3. Transparency to attract public trust.

Contemporary Jurisprudence: Can it be said that one of the foundations of popularizing the economy is the necessity of downsizing the government and its minimal intervention in the economy?

Joshqani: According to the provided definition of popularization and the premise that the state acts solely as a supervisor and facilitator in the realm of economics, the state automatically shrinks; however, whether popularization strictly entails such a requirement is not necessarily an absolute implication, as certain sectors of the economy could be state-owned while simultaneously being popular—meaning the public directly influences its process and benefits from its results. But regarding state intervention, yes, the requirement of popularization is minimal state intervention, limited to supervision and facilitation. For example, in traditional jurisprudential theory, the Islamic state has the right of enterprise in Anfal and public resources; however, in the theory of popularization, the state must exit the direct management of enterprises while retaining its supervisory, regulatory, and facilitating role.

The more fundamental question is whether existing jurisprudence possesses the necessary tools for these transformations. Answering this question requires examining the capacities of existing jurisprudence and the need for ijtihad innovations.

Regarding capacity: Islamic jurisprudence possesses flexible mechanisms that can serve as a foundation for a popular economy, such as the capacity of partnership contracts (‘uqud musharakiyyah) to which modern cooperatives can be adapted, utilizing the capacity of Waqf in productive endowments (waqf-e towlidi) for public investments, and utilizing the capacity of Sulh (compromise/settlement) and Ja’alah (reward contracts), which can provide the Sharia foundation for modern contracts (such as resource-sharing platforms).

Therefore, existing jurisprudence possesses the requisite capacity, but it requires dynamic ijtihad and interdisciplinary collaboration between jurists and economists. Examples such as “digital interest-free banking” demonstrate that jurisprudence can keep pace with modern economics, but the speed of this adaptability requires greater acceleration.

Contemporary Jurisprudence: Has the historical effort of Shia Muslims to finance the Marja’iyyah (religious authority) and Islamic seminaries through the people while avoiding government intervention in this matter been a step toward popularizing the economy, or did it have other reasons?

Joshqani: In society, we have certain organizations whose services are process-oriented, gradual, and continuous in nature, such that the time between cost allocation and achieving results is not immediate, or in some cases, the resulting outcome is not tangible and perceptible to society. The services of the Islamic seminary are of this nature. Sometimes, the services of the seminary resemble intermediate production rather than final production. However, on the other hand, these activities and services cannot be sold or self-funded for various reasons. Funding such organizations must come either from the government, from the people, or through another defined mechanism, such as income-generating assets. The first path—the state and government—leads to bloating the state, imposing a heavy financial burden on the government, and affecting the seminary’s performance of its religious duties regarding government actions due to financial dependence. The third path, besides its inherent problems, creates suspicions of the seminary entering economic spheres, utilizing rent, and other issues. Thus, the only remaining option is popular financing. Therefore, the decision to finance Islamic seminaries and related expenses through the public rather than imposing them on the state can be considered a step toward popularizing the economy.

In other words, certain evidence indicates that the financial structure of the Shia clergy possessed features common to a popular economy:

• Popular Financial Resources: Khums, Zakat, vows (nadhur), and Waqf were all funded based on voluntary public participation rather than state taxes. This reinforced a form of decentralized public ownership.

• Independence from Government: The Shia clergy, relying on these sources, avoided dependence on governments, and this model can be viewed as an example of a self-governing popular economy.

Nevertheless, the primary motivations of this financial system were not necessarily economic, but rather aspects such as preserving religious independence, maintaining the power of resistance against secular governments, and sustaining the relationship between the Marja’iyyah and the people, which carry political, religious, and social dimensions.