Principle of Transparency in Government Transactions

Document Type : Original Article

Authors

1 Phd Student of Allameh Tabatabaei University

2 Associate Professor of Allameh tabatabaei University

3 Assistant Professor, Institute of Business Studies and Research

Abstract

From Islamic point of view, economic corruption is a deviation from religious rules in all economic fields, and the concept of "forbidden businesses" is a precise and deep equivalent for the concept of economic corruption in the Islamic-Shiite tradition. Government transactions are one of the major methods of budget spending and are therefore one of the legal tools to commit economic corruption. The importance and necessity of government procurement and its fundamental and positive role in the trade of goods and services has led governments to take steps to regulate government procurement in response to this concern in their plans. Considering the principles of jurisprudence, the fundamental and principal strategies in fighting and avoiding collusion have been considered in achieving transparency, and it can provide an effective and practical solution to be taken into account in domestic laws and regulations. The result of the research showed that our country's laws on government transactions do not fit well with those of the world, and, despite the current state of affairs, transparency and non-discrimination should be taken into account in existing laws; the current domestic laws on combating corruption in government transactions are not up-to-date and efficient and have shortcomings that make corruption possible.

Keywords


- The Holy Quran.
- Ibn Barraj Tribulsi, Ghazi Abd al-Aziz (1411 AD), Javaher al-Fiqah, Qom: al-Nasr al-Islami institute.
- Ahrari, Hamid Reza (2003), Theoretical Basis of Tender Contest, Majles and Research, 39, 130-119.
- Ahrari, Hamid Reza, Panahi Ali (1382), Explanation and interpretation of the tendering process, Journal of Parliament and Research, 39, 225-312.
- Esfandiyar Far, Kheshayar, Nazarinejad, Mohammad Reza (1395), Comparative Study of the International Convention for the Suppression of Financial Corruption and the Law on the Promotion of the Health of the Administrative System and the Fight against Corruption, Criminal Law Research Journal, 13, 191-216.
- Ansari (Sheikh), Morteza Ibn Mohammadamin (1434 AH), Ketab Al-Makaseb, J 6, Q 16, Qom: Majma al-fekr al-Islami.
- Towhidi, Mohammad Ali (1371), Mesbah al-Feghahah, Sayyid Abolqasem Khoi's Addresses, J 6, Qom: Vejdani Publication.
- Habibi, Yadollah (1394), Laws and Laws of State Treaties, C 3, Tehran: Majd Publication.
- Hasani, Sara (1396), Comparative Study of Collusion in the Laws of Iran and the United Kingdom, Rights Studies, 14, 61-70.
- Hasani, Ali, Shams, Abd al-Hamid (2012), Anti-corruption strategies based on Islamic values, Islam and management studies, 1, 81-104.
- Hosseini, Seyyed Mohammad, Nozari Ferdovsiyeh, Mohammad (1393), Islamic Criminal Policy on Corruption and Comparative Study with International Standards, Criminal Law Studies, 1, 83-101.
- Helli (Mohaghegh), Ja'far Ibn Hasan (1403 AH), Sharaye al-Islam Fi Masaael al-Halal Va al-Haram, 2nd, Beirut: Dar al-Zava
- Helli (Fakhr al-Mohagheghin), Muhammad Ibn Hassan Ibn Yusuf (1363 AD), Izah Al-Favaed Fi Sharhe Moshkelat Al-Ghavaed, Q 3, Qom: Esmailyan Publication.
- Heidari, Mohammad Ali, Shariatzadeh, Mitra (1394), Contraction condition from the viewpoint of Imamieh jurisprudence and Iranian civil rights, Theology Of Alavi jurisprudence, 1, 5-20.
- Khaleghi, Abu al-Fath, Fazli, Mehdi (1397), Legislative shortcomings in reducing corruption in government transactions in the light of the OECD Guidelines, Criminal Law Research, 23, 171-212.
- Khadivi Refogar, Saeed; Hadavinia, Ali Asghar (1396), Conceptualization and Measurement of Economic Corruption in the Viewpoint of Islam with the Approach of Institutionalism, Islamic Economics, 66, 47-75.
- Khalili Paji, Aref, Goldost Joybari, Rajab (1394), Social prevention of financial and administrative corruption in the light of Islamic teachings, Islamic jurisprudential studies and the foundations of law, 32, 113-134.
- Zarghoshnasab, Abd al-Jabbar (1394), Examination of the initial conditions and collusion with an approach to Imam Khomeini's view, Matin Research, 69, 97-116.
- Zarandi, Saeed; Madani, Javad (1395), Designing and Describing the Desirable Model of Islamic Organizational Culture for Combating Corruption in Organizations, Quarterly Journal of Organizational Behavior Studies, 18, 85-117.
- Shekari, Roshanali (1998), Elementary Condition, Journal of the Faculty of Law and Political Science, 39, 71-92.
- Sheikh Vadodi, Abuhmaze (2003), General Law of Public Calculation, Q2, Tehran: Sheikh Vulud.
- Shiravi, Abd Al-hossein (2006), Comparison of Tender Laws with Government Purchase Agreements in the World Trade Organization, Quarterly Journal of Humanities, Vol. 10, 3, 49-77.
- Tabataba'i Yazdi, Mohammad Kazem (1378 BC), Hashiye al-Makaeb, Qom: The Ismailian Institute.
- Alikhani, Hamid (2008), Organizational Purchasing Concepts and Patterns with Purchasing Approach in Government Organizations, Commercial Reviews, 32, 43-58.
- Fateh, Ali (2007), Evaluation of laws and regulations in the field of government transactions in the light of the WTO's State Procurement Agreement, World Trade Facts, vol. 6, 7, 25-43.
- Ghezavatmavd, Abd Al-Basir, "Sheikh Ahmadi" (1393), Islam and the fight against corruption, unnecessary: ​​Tavana Publication.
- Mubarak, Asghar (1392), Investigating the Impact of Economic Pressure on Economic Growth in Muslim Countries, Journal of Audit Knowledge, 53, 168-188.
- Mohseni, Abbas (2002), History of State Transactions in Iran, Parliament and Strategy, 39, 183-192.
- Mughniyeh, Mohammad Javad (1404 AD), Fegh Al-Emam al-Sadeq (AS), Q 4, Qom: Quds Mohammadi.
- Mirjalili, Seyyed Hossein and others (2010), World Trade Organization, Structure of Rules and Agreements, C 1, C 2, Tehran: Commercial Publishing Company.
- Najafi (Saheb Javaher), Mohammad Hassan (1365 BC), Javaher al-Kalam fi Sharhe Sharaye al-Islam, J 23, C 5, Tehran: Dar al-Kotob al-Islamiyyah.
- Yousefinejad, Ali (2006), Rent-seeking and Financial Corruption in Iran's Economy, Considering the Role and Position of Brokers and Beit Elmal in Islam, Journal of the Faculty of Humanities, 64, 145-167.