نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار، گروه اقتصاد و بانکداری اسلامی، دانشکده اقتصاد، دانشگاه خوارزمی، تهران، ایران.
2 دانش آموخته سطح چهار حوزه قم - مربی دانشگاه امام خامنه ای سپاه
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Joint‑stock companies, which are regarded as among the most significant forms of business entities in modern economies, operate in every country in accordance with that country’s higher‑order legal and policy frameworks. In the Islamic Republic, where all activities must conform to Imāmī jurisprudence, it is therefore necessary to examine the laws governing these companies from a jurisprudential perspective. Furthermore, the founder of the Islamic Republic, Imam Khomeini - who was one of the eminent jurists - expressed jurisprudential views on various economic matters, and attention to these views is essential in shaping the foundations of the economic system. Despite this, the jurisprudential vulnerabilities of such companies have not yet been examined from Imam Khomeini’s standpoint. Accordingly, the present study seeks to answer the following central question: What is the jurisprudential pathology of the laws governing joint‑stock companies with an emphasis on Imam Khomeini’s opinions? The main objective of this research is to identify the jurisprudential deficiencies of these companies so that the conditions for gradually aligning them with Imāmī jurisprudence - particularly with Imam Khomeini’s legal opinions - may be established. The methodology of this study is as follows: first, Imam Khomeini’s views concerning joint‑stock companies are examined; then, based on these views, the Commercial Code - as the legal foundation of joint‑stock company operations - is analyzed in order to identify its jurisprudential shortcomings. Through this examination, several issues become evident, including the neglect of minority opinions in decision‑making assemblies, the invalidation of the company due to the death of shareholders, the sale of shareholders’ assets and the imposition of late‑payment charges without their consent, the existence of preferred shares and the resulting discrimination and dissatisfaction among other shareholders, and various other problems. The study concludes that the structure of joint‑stock companies is not compatible with jurisprudential principles; thus, it is necessary to design and adopt new legal forms or frameworks. Meanwhile, some scholars, adopting a passive approach, have attempted to provide jurisprudential justification for the existing legal system - even at the expense of inconsistency with the objectives of the Sharīa - whereas the correct path is to adopt an active approach toward such companies.
کلیدواژهها [English]
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