القواعد الموضوعية لحماية المنافسة الاقتصادية الحرة في الشريعة الإسلامية

الملخص EN

There is no doubt that Islamic Sharia had organized all aspects of human life, including devotional matters, and economic transactions, under the principle of inclusion of Sharia.

Therefore, this article aims at stating the legal provisions inspired from Islamic law, which is related to the protection of free economic competition.

There is concession of opinion that the Islamic Sharia provides us with varieties of the legitimacy of the texts and jurisprudence of jurists many substantive provisions which lay tightly economic freedom among the various agents economists practitioners in the market, making it truly a pioneer and superior to Western secular laws on competition and monopoly.

It is believed that Islamic Sharia has objectively recognized the most important principles of free competition which includes the principle of free competition and the right of everyone to access to the market and compete with other traders as well as the principle of freedom of prices and leaving the latter to be determined in accordance with the law of supply and demand far from any interference from the state.

Sharia religion also acknowledged the other provisions related to the suppression of anti-competitive practices, which lead to its obstruction or limitation such as monopoly practices and collusive agreements to divide markets and fix prices as well as fostering market dominance and other agreements.