چکیده:
The phenomenon of hoarding and overpricing is one of the prominent examples of violating social rights, which brings about harmful consequences, and the government system should not be indifferent to it. Therefore, the Islamic ruler must act against the hoarder and the overpricer in both the economic and legal spheres and not allow society to fall into hardship and livelihood pressure. Accordingly, in this article, while defining hoarding and overpricing, an attempt has been made to state their jurisprudential and legal rulings and, while stating the cases of hoarding, to examine various related issues, such as the conditions for the occurrence of hoarding, the difference between hoarding and overpricing, the difference between hoarding and warehousing, and the punishment of hoarders and overpricers.
خلاصه ماشینی:
PhD researcher in Criminal Law and Criminology, Al-Mustafa International University, Khorasan Representative Introduction One of the ways to acquire illicit wealth is the act of hoarding, through which profiteers, by monopolizing and storing the necessary public goods of society, including provisions or other necessities, and creating hardship and life pressure for the people, and finally by overcharging and raising the prices of goods, put large sums of money into their pockets.
Jurisprudential Definition Jurists have different words and sentences in defining hoarding, and this difference arises from various jurisprudential schools, which scholars have expressed based on their own deduction when stating the legal ruling of hoarding; for example, two instances are mentioned: Sheikh Ansari, who is one of the great Imami jurists, has presented this issue under the title "احتکار الطعام" and says: «احتکار الطعام و هو جمع الطعام و حبسه يتربص به الغلاء»; hoarding means gathering or withholding it for the purpose of price increases.
'. Considering the definitions of hoarding provided in the above laws and derived from Clause B of Article 1 of the Law on Punishing Disruptors of the Country's Economic System, passed in 1990, it can be said that: Any disruption in the distribution of public necessities and the gathering and storing of goods and provisions required by the general public in wholesale form and the refusal to supply them with the intention of increasing the price and price gouging, or causing harm to society, or creating a monopoly and shortage in its supply, is called hoarding.