The Application of Economic Analysis of Law Based on Rational Independence and Expediency

The economic analysis of law, which is the analysis of legal rules based on economic principles and methods, is a new method for making legal rules more efficient. This method of analysis primarily emerged in common law countries which follow a liberal economic system. Therefore, it has been argued that it is impossible to talk about the economic analysis of law in Iran. Because Iranian law is based on Islamic jurisprudential system. In this article, we attempt to develop a framework for applying economic analysis of law in Iran by studying the rational independence and expediency. The results of this research, which has been conducted through a descriptive-analytic method, show that the application of economic methods in Iranian law is not contrary to the ethical and religious principles governing the law of Iran. On the contrary, the economic analysis of law is justified in the framework of religious sources. It can be proved that the results of economic analysis do not contradict the religious principles of domestic law.