Document Type : Article

Authors

1 PhD student in public law at Imam Sadiq University (AS), Tehran, Iran

2 Assistant Prof., Department of Public and International Law; Faculty of Islamic Studies and Law, Imam Sadiq University (AS), Tehran, Iran

3 Assistant Prof., Department of Monetary and Financial Economics; Faculty of Islamic Studies and Economics, Imam Sadiq University (AS); Tehran, Iran

10.22059/jplsq.2023.352343.3233

Abstract

Modern money creation, which is one of the tools to redistribute wealth and strengthen distributional justice; Based on various laws, such as “the monetary and banking” law, it's considered one of the central bank's discretionary powers. The central bank, as the main institution in creating money and as the institution that preserves the value of the national currency, is obliged to use this discretionary authority within the framework of the constitution and laws and good administration; Otherwise, it may cause severe economic damage to the people. One of the administrative principles that the institution with discretionary authority must pay attention to, is the principle of equality, which must also be considered in applying the authority to money creation. In the capacity of exercising discretionary authority, the administrative organization must constantly measure its performance in accordance with principle of equality and answer the question, "How is it possible to respect the principle of equality in applying the discretionary authority to money creation?" The method of this article is descriptive-analytical and the author's achievement in the research process is that, although the money creation doesn't inherently lead to the production of inequality, the banking system of Iran regulations, systematically create inequality.

Keywords

Main Subjects

  1. English

    1. A) Books
    2. Basel II. (June 2004). Basel II: International Convergence of Capital Measurement and Capital Standards: a Revised Framework. Basel, Switzerland: Basel Committee on Banking Supervision.
    3. Davis, G. (2002). A History of Money, from Ancient Times to the Present Day. Cardiff: University of Wales Press.
    4. Hülsmann, J.G. (2008). The Ethics of Money Production. Ludwig von Mises Institute.
    5. Ingham, G. (2004). The Nature of Money. Cambridge: Polity Press.

     

    1. B) Articles
    2. Fisher, I. (1936). 100% Money and the Public Debt. Economic Forum, 406-420.
    3. Jakab, Z., & Kamphof, M. (2014). Banks are not intermediaries of loanable funds and why this matters. Bank of England Working Paper, No.529
    4. Werner, R. )2009(.Can banks individually create money out of nothing? - The Theories and the Empirical Evidence. International Review of Financial Analysis.

     

    References in Persian:

    1. A) Books
    2. 1. Petoft, A.., & Markaz Malmiri, A. (2017). The concept and scope of the general principles of administrative law; The possibility and how to refer to it in judicial proceedings (second edition). Tehran: Judiciary Research Institute (In Persian).
    3. 2. Tutunchian, I. (1996). Money economy and banking. Tehran: Monetary and Banking Research Institute (In Persian).
    4. 3. Tutunchian, I. (2005). Money and Islamic banking and its comparison with the capitalist system (second edition). Tehran: Tawangaran (In Persian).
    5. 4. Tavasoli, H. (1996). Theoretical foundations of social justice. Tehran: Foundation of the Mostazafan and Janbazan of the Islamic Revolution (In Persian).
    6. 5. Motahari, M. (2001). Collection of works. Vol. 21. Tehran: Sadra Publications (In Persian).
    7. 6. Mousaviyan, S. A., & Maythami, H. (2016). Islamic banking, Islamic central banking and monetary and foreign policy. Monetary and Banking Research Institute (In Persian).
    8. 7. Mirmoezzi, S. H. (2011). Islamic economic system. Tehran: Research Institute of Islamic Culture and Thought (In Persian).
    9. 8. Hadavand, M.., & Mashhadhi, A. (2011). Principles of administrative law (in the light of the opinions of the Administrative Court of Justice). Tehran: Khorsandi, second edition (In Persian).
    10. 9. Robbins, L. (2004). History of economic thought. Translator. Azad Aramaki, Tehran: Ni (In Persian).
    11. 10. Karami, Mohammad Mahdi., and Pourmand, Mohammad. (1390). Jurisprudential foundations of Islamic economics. Tehran: Samt Publications (In Persian).

     

    1. B) Articles
    2. 11. Bagheri, A.., Hasani, A., & Rostami, V. (2018). Legal justice from the perspective of Imami jurisprudence and Iran’s legal system. Journal of Jurisprudential Foundations of Islamic Law, 33-9 (In Persian).
    3. 12. Tavasoli, M. I., Mojahedi Moakhar, M. M., & Khorsandi, M. (2019) Explaining the nature of western banking, usury-free banking, Islamic banking. Quarterly Journal of Fundamental Research in Human Sciences, 85-108 (In Persian).
    4. 13. Sobhani, H., & Drodian, H. (2015). Evaluation of the justification of money creation by the banking system in the Islamic banking system. Scientific Research Quarterly of Islamic Economics, 31-54 (In Persian).
    5. 14. Seifipour, R., Amin Rashti, N.., & Navabi Zand, K. (2017). Investigating the effects of microcredit policy on income distribution index by provinces of the country. Journal of Financial Economics, 127-146 (In Persian).
    6. 15. Samsami, H.. & Kianpur, F. (2014). Investigating the possibility of creating money by the banking system in the Islamic financial system. Islamic Economic Knowledge Quarterly (In Persian).
    7. 16. Alipanah, A.. & Taj Langroudi, M. H.. (2016). Jurisprudential review of money creation by commercial banks. Two specialized scientific quarterly journals of interdisciplinary jurisprudential research, 65-94 (In Persian).
    8. 17. Alavi, S. I., Anas al-Zarqa, M. (2000). Distributive justice in Islam. Mofid Letters, 109-132 (In Persian).
    9. 18. Ali Akbarian, Hassan. (2018). The rule of distributive justice in economics and politics. Political Science Quarterly, 33-55 (In Persian).
    10. 19. Hosseini Dolatabadi, S. M.. (2013) Arrangements for the creation of fair money. Quarterly Journal of Basic Human Sciences Research, 33-46 (In Persian).
    11. 20. Karimi Vardanjani, R., Hassanzadeh Sarostani, H., Qavam, M. H., & Ghaffari, A. (2019). Identifying and ranking the factors influencing the creation of the phenomenon of entrepreneurship in the banking system of the Islamic Republic of Iran and explaining its consequences. Bi-Quarterly Journal of Islamic Financial Research, 377-410 (In Persian).
    12. 21. Komijani, A., Abrishami, H., & Rouhani, S. A. (2017). The nature of the bank and the process of creating bank money; Criticism of common views and implications. Iranian Economic Studies Quarterly, 1-30 (In Persian).
    13. 22. Moradi, Y. (2018). Legal challenges of collecting claims of credit institutions. Financial Studies and Islamic Banking Quarterly, 43-68 (In Persian).
    14. 23. Mozaiani, A. H., & Ghorbani, S. (2013). Roadmap for optimal management of monetary policy in Iran's economy. Financial and Economic Policy Quarterly, 41-60 (In Persian).
    15. 24. Manzoor, D., & Abbasi Kalash, M. (2018). The role of transparency in reducing conflict of interest and preventing corruption. Financial and Economic Policy Quarterly, 87-103 (In Persian).
    16. 25. Mirmoezzi, S. H. (2005). The model of bank deposit reserves in Islamic banking. Islamic Economic Quarterly, 45-74 (In Persian).
    17. 26. Special, M. (2004). The concept of the principle of equality in modern public law. Tehran: Fundamental Rights Journal (In Persian).
    18. 27. Yazdan Panah, M. (2016). Credit creation, coordination effect and the possibility of economic leap as a result of a developmental monetary policy; A critique on the analysis of Dr. Hamed Qudousi. Mobin essays, 1-9 (In Persian).

     

    1. C) Dissertations
    2. 28. Habibollah Pourzereshki, Mustafa. (2022). Examining the challenges of collateral valuation system in the banking operations of the Islamic Republic of Iran and providing solutions in order to realize paragraph 9 of the general policies of the resistance economy. Tehran: Master's thesis; Imam Sadiq University (AS) (In Persian).
    3. 29. Sharafuddin, S. M. A. (2018). Master's Thesis: The basis and function of the principle of rationality with the analysis of the judicial procedure of the Administrative Court of Justice. Tehran: Master's thesis; Imam Sadiq University (AS) (In Persian).

     

    1. D) Research report
    2. Hosseini Dolatabadi, S. M. (2013). Effects and consequences of money creation of commercial banks. Islamic Council Research Center (In Persian).