Document Type : Original Article
Authors
1
Ph.D student of Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2
Assistant Professor of Department of Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author(
3
Professor of Department of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran. (Supervisor and Corresponding Author
Abstract
One of the examples of foreign exchange transactions common in the recent years in Iran is the future exchange transactions. Theses transactions basically are done in economic systems with high fluctuations of foreign exchange rate in their markets. The main base of profits from the mentioned transactions is these fluctuations. These transactions in systems under international sanctions may have direct effects on the market fluctuations. For the same reason, the government should regulate the mentioned transactions and how they are performed. In Iran, too, some sporadic regulations have been approved by some special institutions such as the central bank and its jurisprudential council and the high council of economic coordination to forbid future foreign exchange transactions. The mentioned transactions to be considered by two aspects: first, their legal credit; and, second, judicial courts’ approach to them. Using descriptive-analytical methods and library tools to gather data, the present research shows that future foreign exchange transactions from the jurisprudential standpoint face with challenges including prohibition of uncertainty and usurious transactions. In the judicial procedure, the mentioned transactions have attracted attentions as the tools for general criminal activities such as acquisition of illegitimate properties and causing disorder in the economic system.
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