اندیشه‌های حقوق عمومی

This study is the first systematic attempt to formulate the jurisprudential rule of "Prohibition of Monopolization (Man‘ al-Istithār)" as an independent principle with broader scope than similar concepts (such as hoarding and monopoly). The rule applies not only to the monopolization of goods but also to any misuse of public resources in economic, political, and cultural spheres. Adopting a descriptive-analytical approach, the research relies on library sources—including Quranic verses, narrations from the Infallibles (A.S.), and jurisprudential texts—to examine four types of evidence (Quranic, narrational, rational, and consensus-based). The findings reveal that this rule is rooted in Quranic verses (e.g., 4:29 and 59:7) and the teachings of the Infallibles (A.S.). While related to concepts like hoarding (iḥtikār) and monopoly, its distinct feature lies in its emphasis on economic justice and preventing social harm. The results suggest that implementing this rule could reduce artificial inflation, improve product quality, and promote economic justice. Moreover, in cases of conflict with other principles (e.g., the rule of "Taslīṭ," which affirms ownership rights), it takes precedence due to its alignment with public interest. Finally, the study proposes practical solutions, such as enacting effective laws and strengthening market oversight, to ensure the rule’s enforcement.