The Fair Distribution and Economic Efficiency in Positive legal Systems and in Islam: A Comparative Perspective- عدالة التوزيع والكفاءة الاقتصادية في النظم الوضعية والإسلام
This research investigates the relationship between economic efficiency and distributive Justice. Whereas economists from different schools have invariably agreed upon the necessity of achieving economic efficiency and succeeded in developing objective criteria to measure it, they are far away from reaching a similar agreement with regard to the intent of just distribution and its impact on efficiency.
This research explores a basic hypo thesis that just distribution is prerequisite for economic efficiency, and that Islam, in, in its just distributive system, actualizes that.
The paper investigates also the dimensions of fair (just) distribution in Islam showing that both considerations, "efficiency and justice" are present in all stages of distribution and its institutions.
In contrast, this research points out a complete separation between a just distribution and efficiency in positive legal systems. This has been realized by surveying opinions and positions of theorists and pioneers. The shortage of the rules and the mechanisms adopted can be also noticed clearly. So, the chances of efficiency will be lessened.
Al-Sabhany, Prof. Abduljabbar
"The Fair Distribution and Economic Efficiency in Positive legal Systems and in Islam: A Comparative Perspective- عدالة التوزيع والكفاءة الاقتصادية في النظم الوضعية والإسلام,"
UAEU Law Journal: Vol. 2001:
14, Article 3.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2001/iss14/3