Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

An Attempt to Comprehend the Positions Taken by the Experts of the 1358 Constitution Regarding the Economic System: A Comparative Study of Islamic State Controlled and Free Market Economic Systems

Document Type : scientific research paper

Authors
ali mashhadi 1
ali daraee 2
Mohamad Amraei 3
1 Associate Professor, Department of Public and International Law Qom ،Qom. Iran
2 Master of Public Law, University of Tabriz، Tabriz، iran
3 lecturer at Shahid Chamran University of Ahvaz، Ahvaz، iran
10.22034/law.2024.2024585.1299
Abstract
Economic systems, from the perspective of legal origin, are generally of two kinds or a combination of these two; the free market or private ownership system or state-controlled or public ownership system. But the drafters of the 1358 Constitution, speak of a third type of economic system called the Islamic economy. An attempt has been made in the present research, to examine and analyze with an analytical-descriptive approach, the various viewpoints of the drafters of the Constitution regarding these three types of economic systems within the framework of the principles of the Constitution. The main question in the present research is what the experts who played a role in drafting the Constitution thought concerning the economic system of the country and the rules governing it. It seems that free economic competition and private economic freedoms have been minimally accepted by the Council of Experts under the auspices of the government and of Islam.
Moreover, the main discourse governing the Assembly of Experts of that period was a type of state-controlled or public ownership economy that was combined also with a form of revolutionary-Islamic economy. For this reason, authors, using the method of genetic interpretation, have called the economic system intended by experts drafting the Constitution as a public ownership system. Economic systems, Socialist economic, private economic, Islamic economic system. The results of this study revealed that, the inference that can be drawn from the discussions of the Assembly of Experts and also the final ratified principles (especially the current Article 44) is that free economic competition and private economic freedoms were minimally accepted within the founding institution. Second, at times, the goals and foundations present in individualistic or collectivist economic systems were expressed differently by the Assembly of Experts; however, they negated these economic systems in their entirety. Third, it can be deduced from the overall discourse of the constitutional legislators that there was no unified, precise, consistent, and clear theory of the concept of an Islamic economy in the Assembly of Experts, and even the term "Islamic economy" was not used in the text of the Constitution. They often confined themselves to mentioning general viewpoints regarding Islamic economy or discussed the economy in Islam or the Islamization of the economy. Fourth, the content of the Constitution should be organized in such a way that by stating fundamental rules and rights, it has the function of being up-to-date and adaptable to customary and contemporary situations and conditions. This is particularly applicable concerning the economic principles of the Constitution.
Keywords
Keywords: Islamic collectivist economy
Assembly of Experts drafting the Constitution
details of negotiations
economic systems

Subjects

Aghaei Togh, M. (2015). Economic Analysis of Constitutional Law. First Edition, Tehran: Khorsandi Publications. (In Persian)
Babayi Mehr, A. (2009). Interpretation, Its Principles and Foundations in Public Law. Private Law, 6 (14), 196-167. https://jolt.ut.ac.ir/article_23367.html (In Persian)
Bashiriyeh, H. (2014). Liberalism and Conservatism. Thirteenth Edition, Tehran: Ney. (In Persian)
Bashiriyeh, H. (2016). Political Science Education. Twelfth Edition, Tehran: Negah-e Moaser. (In Persian)
Pilehforoush, M. (2015). The Economic Development Model of the Constitution of the Islamic Republic of Iran. Majles and Strategy, 22(82), 5-33. (In Persian)
Jafari Samimi, A., Zarrin Iqbal, H., Zibaee, M.R., & Derakhshani Daraabi, K. (2016). A Comparative Study of Public Sector Economy in the Economic Model of the Constitution of the Islamic Republic of Iran and Welfare States. Economic Researches, 16(1), 71-49. http://ecor.modares.ac.ir/article-18-8447-fa.html (In Persian)
Haqgoo, H. (2014). How Was Article 44 Born? Dialogue, 13(62), 64-52. (In Persian)
Heidari, M. (2004). Article 44 and Its Legislative History in the Assembly of Experts for the Constitution. Gavaah, 3(2), 103-101. (In Persian)
Khalili, M. (2009). Deconstructing the Forty-Fourth Article of the Constitution. Political Science Research Journal, 5(1), 103-69. https://www.ipsajournal.ir/article_108.html (In Persian)
Khalili, M. (2010). Islamic Government as a Precondition for Islamic Economy/ Development. Proceedings of the Second Conference on Islamic Economics and Development, Mashhad: Ferdowsi University of Mashhad, pp. 764-736. (In Persian)
Rahmatollah, H., & Mowlizadeh, S.B. (2010). From Collectivism to Individualism: Reflections on the Implications of Collectivist Views on Constitutional Laws. Constitutional Law, 7(14), 114-89. https://www.asasimag.ir/article_104990.html (In Persian)
Rostami, V., & Qahvechian, H. (2022). Financial and Computational Law. Tehran: Dadgostar Publications, Second Edition. (In Persian)
Zaranejad, M. (2004). Government Intervention in the Economic System from the Perspective of Islamic Economic System. Economic Studies, 1(1), 22-1. (In Persian)
Sharif Azadeh, M.R. (1990). Analyzing the Causes of Failure of Marxism-Based Economics (The Case of Socialist Russia). Future Management Studies, 2(5), 47-19. https://journals.srbiau.ac.ir/article_7294.html (In Persian)
Detailed Minutes of the Assembly Examining the Final Draft of the Constitution of the Islamic Republic of Iran (1985). Volume I, II, and III, Tehran: General Directorate of Cultural Affairs and Public Relations of the Islamic Consultative Assembly. (In Persian)
Adalatjou, A., & Hassan Zadeh Benam, Y. (2016). "Investigating the Impact of Theoretical Foundations on Government Intervention in Economic Spheres," in Proceedings of the First National Conference on Creative Economy, Islamic Azad University, West Tehran Branch, Tehran: Islamic Azad University, West Tehran Branch, pp. 1-26. (In Persian)
Ghani Nejad, M. (2016). Economy and State in Iran. First Edition, Tehran: Tehran Chamber of Commerce, Industries, Mines and Agriculture. (In Persian)
Ghofli, M.V. (2007). The Assembly of Experts and Religious Governance in Iran. First Edition, Tehran: Arooj. (In Persian)
Kadkhodaei, A.A., & Abasiyan, M. (2020). The Theoretical Foundations of Economic Justice in the Light of Effectiveness in the Constitution of the Islamic Republic of Iran. Public Law Studies, 50(1), 1-21. https://doi.org/10.22059/jplsq.2019.130784.1096 (In Persian)
Gorji, A.A. (2014). The Role of Individuals, Parties, and Political Groups in Drafting the Constitution. Legal Research, 25(66), 51-80.
https://lawresearchmagazine.sbu.ac.ir/article_56319.html (In Persian)
Collection of Statements and Announcements of the Tudeh Party of Iran (1979). Tehran: Publications of the Tudeh Party of Iran, Mardom Newspaper, 24/4/1979. (In Persian)
Merkez Malmiri, A. (2006). Rule of Law: Concepts, Foundations, and Interpretations. Second Edition. Tehran: Research Center of the Islamic Republic of Iran's Parliament. (In Persian)
Motahari, M. (2001). A Perspective on the Foundations of the Islamic Economic System. Tenth Edition, Tehran: Scientific and Cultural Foundation of Martyr Morteza Motahari. (In Persian)
Manan, P. (2015). The Intellectual History of Liberalism. Translated by Abdul Wahab Ahmadi, First Edition, Tehran: Agah. (In Persian)
Yousefi, A.A. (2016). Examining the Method of Formation of the Economic System of the Islamic Republic of Iran and Proposing a New Method. Islamic Government, 21(82), 159-186. https://mag.rcipt.ir/article_91445.html  (In Persian)