نوع مقاله : مقاله پژوهشی
1 دانشیار دانشکده اقتصاد دانشگاه علامه طباطبائی
2 استادیار دانشکده اقتصاد دانشگاه علامه طباطبائی
3 عضو هیات علمی جهاد دانشگاهی و مرکز پژوهشهای توسعه و آینده نگری
4 دانشجوی دکتری اقتصاد اسلامی دانشگاه علامه طباطبائی
عنوان مقاله [English]
Due to the intensive fluctuations of the housing sector in recent years, the situation has become very difficult for the low-income groups, especially the tenants. The premise of traditional contract law, characterized by the principle of contractual freedom, is the relative balance of the parties to the contract, otherwise the contractual justice is distorted.
In Imami jurisprudence, justice is one of the most important goals of Sharia and has mechanisms that can prevent the occurrence of any unconventional and unfair effects and consequences in contractual relations. According, rules such as La Zarar or La Haraj, the prevention of usury and the principles of Tavazon and Eealleh and authority of the Islamic ruler, allow the Islamic State to intervene within the limits of private contracts and reduce any kind of oppression and injustice.
In this article, while examining contract justice using the Malpezzi Model, the index of housing rent control laws is calculated as a measure of the bargaining power of tenants for selected countries and Iran's position in the amount of tenant support is determined. The results of this calculation show that the Malpezzi Index for Iran is zero before the corona pandemic, but with the implementation of some temporary rent control laws during the corona period, it has reached 6.76, which is a wide distance from other successful countries in controlling the rental market. Assuming the application of Islamic rules and proposing the relevant laws in the Malpezzi Model, the Index for Iran became 13.76, which shows that if the Islamic rules are applied in the housing rental market, Iran can be among the top countries in managing the housing rental market