Limitation or Extension of Competition Law from the Point of the View of Imamiah Jurisprudence (Case Study of Lazarar, Yad, Taslit, Jurisprudential Rulest and the institution of Hesbah)

Subject Areas : Specialized Quarterly of Judicial Law

Adel Ebrahimpoor Asanjan ¹ , alireza naseri ²

1 - . Assistant Prof, Department of Law, Faculty of Law and Social Sciences, University of Tabriz,Tabriz, Iran, Iran.
2 - Ph.D. Student of Public Law, Department of Law, Faculty of Law and Social Sciences, University of Tabriz, Iran.

Received: 2022-07-25 Accepted : 2022-09-01 Published : 2022-07-23

Keywords: Competition law, Rule of “la zrar”, Rule of “yad”, Government interference,

Abstract :

Competition is one the important matters in nowadays economics which its effects on countries economy is at high importance. According to Iranian constitution and priority of Islamic rules and jurisprudence to other legal sources in any fields, analysis on compliance or noncompliance of Islamic rules with competition Acts and regulations is at great importance, since its sequences on country economy has determinative role. Some of Islamic rule such as “la zrar” seems to be in compliance with competition and others such as “yad” doesn’t have this feature. The other issue should be mentioned in this article is scope of government interference in economy and its analysis according to Islamic rules and jurisprudence based on pros and cons opinions through descriptive-analytical method. It is concluded that the concepts and issues related to competition rights can be seen in the original Islamic resource more frequently than within the framework of laws and regulations of Islamic Republic of Iran