Raw-selling is the historical problem of our economic culture
Sayed Naseri, a lawyer, says that selling raw materials is the historical problem of our economic culture that causes domination. Also, the trade laws that were passed during the first Pahlavi era have not changed much.
According to the International Iranian Stone Exhibition, the issue of "production surplus" in economics is an important component. Surplus production will boost trade and thus achieve lasting wealth. Excess production and increase in production, if accompanied by trade diplomacy, will not only increase economic power, but also political power in the world for the country.
Historical sources indicate that the balance between exports and imports in the Safavid period was heavy in favor of exports, but this trend was reversed during the Qajar period. Although some traders were strong during the Qajar period, especially after the Nasserite rule, the structure of "production" in Iran no longer corresponded to the domestic market, let alone the foreign market. Of course, some Iranian products of that time, such as Kermani shawls and agricultural products such as opium, were still in demand in the world.
This trend had caused some patriots among the government and businessmen to think about producing strategic products in Iran as well as industrializing production. Some historical documents show that Amir Kabir had the discovery and exploitation of mines on his agenda and also Haj Mohammad Hassan Amin al-Zarb Company invested in industrial production in Iran and production of agricultural products. Until the Nasserite period, the money exchange system was carried out by money changers, especially with "barat", and the price of foreign currency was usually determined by these money changers, until the Russian lending banks and the British Imperial Bank were formed during the Nasserite period.
The merchant class had considerable power during the Nasserite period and was able to exert influence as they approached the government. During this period, with the efforts of Haj Mohammad Hassan, a company of the Consultative Assembly of Merchants was formed in the court, but the agents of production never had a place in power, and if it were not for the benevolence of the merchants, perhaps that brief production would be lost forever. For this reason, the correct laws for trade and determining its relation to production were not formed until the Pahlavi era.
We talked with Mohammad Mehdi Seyed Naseri about the structure of trade and money exchange from the Qajar period onwards. Seyed Naseri has a doctorate in law and is a university lecturer. He is a business law instructor. Among his published books are: "Regulations governing securities transactions in Iran and the UAE", "Get to know the United Nations better:" 93 questions and answers about the United Nations, including the text of the UN Charter And "Murder due to a mistake in criminal law: the nature and guarantee of execution of murder due to a mistake in Iranian criminal law."
If you agree, let's start the discussion by analyzing the economic situation of Iran at the beginning of the Qajar period and the value of the national currency at that time.
Historical results show that the Qur'an or the Qur'an or the Qur'an, the currency of Iran during the Qajar period, was so powerful at the beginning of the Qajar dynasty that it is very surprising for today's people. Although the Iranian Qur'an was far removed from the glory of the Safavid period during this period and was devalued during the unrest of Mahmud Afghan after the fall of Shah Sultan Hussein, studies show that the basic necessities of life for simple workers, many of whom are Iranians, continue to be provided. It was simple.
In other words, due to the lack of expansion of government institutions, jobs in the Iranian economy at that time were limited, most workers lived on wages, and from this point of view, Iran can be called a country with a short-term economic structure and no long-term planning.
In what years was the law on trade in Iran first written?
First of all, the law of commerce is the rules and regulations of commercial law. Commercial law is a set of rules that govern business relations and business practices. Therefore, the commercial law is the most important law in the field of commercial affairs and matters related to merchants. Prior to constitutionalism, the Shari'a rules were applicable to all transactions and affairs, and if special customs were observed in trade, or in disputes and settlements of commercial affairs, refer to a group of merchants and always observe the Shari'a laws, which were the general civil law. Been.
After the constitutional period, for the first time, Iran's commercial law was approved in 1303 and 1304, consisting of three hundred and eighty-seven articles, according to which commercial companies are regulated and in the case of Barat and Fateh (Fateh Talab is a document according to which the signatory Obliges to make a sum of money on time or on demand in the name of the bearer or a certain person or to the remittance of that person (governing rules and bankruptcy under a special system. Later, this law was abolished and replaced by the law approved by the Parliamentary Commission of Justice on May 13, 1931, and it is still used today with a few changes given in joint stock companies.
This law and the law passed in 1303 and 1304 are derived from the French commercial law, which was passed in 1807 during the time of Napoleon I and was later supplemented by other materials and additions. This law, consisting of three hundred articles related to joint stock companies, was approved by the Joint Special Commission of the Houses on March 15, 1980, which created a new chapter in the commercial law and also repealed articles twenty-one to ninety-three of the commercial law approved in 1311. .
In the discussion of production, it seems that we must first of all deal with the class structure of the Qajar period. What was this structure like?
In general, the society of the Qajar period can be divided into two classes: "ruling class" and "condemned class". The ruling class consisted of the head of state, who, of course, summed up all organizations in the person of the king. There were other "clerics" who had long ruled the hearts and souls of the people and sought to maintain their credibility and influence. There was always a secret and continuous struggle between these two ruling groups (government and clergy) but calm and without pretense, and victory was generally with the clergy.
These "prosperous classes" were also considered part of the ruling class and were close to the court, including the prime minister, ministers and dignitaries, and high-ranking clerics. This class came to Tehran from among the families of nobles and aristocrats from different cities, and one of the family members had a government job, and other family members used him to submit their demands to the government. Often, these people were appointed to important positions regardless of their merit and age, and these positions were also inherited.
There were also special titles for this class and government insignia were given to them by the Shah during the Qajar period, such as the owner of the court, Mustafa al-Mamalik, the secretary of Al-Mamalik, and… marriages in this class were among them. they had. They took care of their children with private tutors, such as "Nanny and Laleh", and after reaching the age of 6-7, they were educated in homeschooling in their homes. These tutors also accompanied these families during their travels. In addition to the Qur'an, Nahj al-Balaghah, Arabic grammar, the book of Golestan, Naskh al-Tawarikh, and the Divan of other poets were also taught in libraries.
More details are needed about the role of the clergy in the ruling class. In particular, most legal disputes and disputes were referred to them.
In the clergy of the Qajar period, their leaders in asceticism and piety were the model and reference of the people in worldly and otherworldly affairs, and sometimes they migrated to Atbat to stay away from the system and the court. In each city, there was a mosque belonging to a special cleric who, in addition to praying, solved the religious problems of the people and took care of the students, endowments and other incomes, and their income was also through these incomes and endowments. The authorities of imitation had spiritual influence and power and were fully involved in all religious, political and social affairs. They were also leaders in political and administrative currents, and their role was important and effective in many cases, including uprisings and movements. Their presence is very visible in the annulment of many contracts or the constitutional process. Of course, there were other groups of clerics who were in a lower category in terms of influence, power and prestige, who were among them before prayers and preaching in mosques. Of course, there were many mullahs and preachers who were superficial and tainted with some illusions, superstitions, and false propaganda, and sometimes carried out their orders alongside the government. In any case, the legal structure for the general public and the convicted class was summarized in the clergy.
And should the condemned class, as a rule, be ordinary people on whom the component of "production" rested?
The next broad class, which included more than eighty percent of the population, ranged from merchants, craftsmen, artisans to grocers, confectioners, blacksmiths, and greengrocers.
Masters and artists of the Qajar period, like their predecessors, attracted the attention of the world by creating original works, but due to the lack of artistic taste and interest and importance of the Qajar kings in the art of these industries did not progress much and also the import of European goods at low prices. Industrialists »took Iran. The situation of the workers in the workshops was also deteriorating due to many problems, including the import of foreign goods at low prices and the closure of production workshops. For example, the city of Isfahan, which was once the largest center of industry, became more impoverished than other cities and forced the government to find a solution.
Other ordinary people worked in the city and did almost everything, working in the city as florists or bricklayers, or as workers in gardens and fields. Their working hours were from sunrise to sunset. They were usually lazy. They were working and someone must have supervised their work. In addition to restrictions on political and social life, they were plagued by superstitions, ignorance, and headaches, such as attacks by Turkmen and invading tribes and local riots in the cities and the resulting violence.
Farmers had to pay more taxes than any other class. The merchants, who were the only affluent class among the people, had their own organizations, and in each city two or three well-known merchants supervised the other merchants, who were elected informally without government intervention. Their chiefs were associated with the government and often imported many goods from Europe. They exported shawls, rugs, carpets, and nuts, and in exchange for luxury items, crystals and porcelain. Merchants were considered the wealthy because of the country's booming trade. Sometimes the government even borrowed from them.
What was the structure of this import and export and in which direction did the scales tend? Which were the governments that traded with Iranian traders and what goods did they buy the most and what was their role in the issue of production in Iran? Were there any protective laws for traders?
Iran was an agricultural country and had no other product to export abroad except vegetable and animal raw materials, and this situation still exists in our country, and most of our exports abroad are materials from agriculture and animal husbandry. Raw sales are a major problem in Iran's foreign trade. Countries that traded with Iran tried to buy vegetable and animal raw materials in the domestic market at the lowest prices, and because Iran had no first-class means of communication, foreign buyers of Iranian goods forced merchants to transport goods to southern and northern ports. The purchased goods were delivered in one of the ports in the south or north of Iran and were transported by their own ships.
The customs regulations on Iran's trade with Russia and Britain were subject to the regulations of the "complete countries" and were set at a minimum, and British and Russian traders benefited greatly both in terms of buying goods within our country and in terms of importing their goods into the country.
In Iran's foreign trade, Russia, Britain and India were ranked first, second and third, respectively, and Russia had long held the leading position in Iran's foreign trade. About forty-five percent of Iran's foreign trade was with Russia, and Britain and India accounted for twenty-five to thirty percent of Iran's foreign trade, and the remaining thirty to twenty-five percent of Iran's imports and exports with other countries. The world was happening.
The value of Iran's imports from Russia is often one and a half times the value of exports, and from Britain and India (British colony) five to five times the value of Iran's exports to those two countries and the price of Iran's exports to the Ottoman Empire was more than the value of imports from that country. Thus, the Ottomans were in the first place in terms of purchasing Iranian goods and Russia in the second place.
Belgium was also able to increase its imports to Iran due to its solidarity with British foreigners and the fact that its citizens were at the head of the Iranian customs service as advisers and financial servants, and on the other hand because of the Iranian market capacity to accept foreign goods. It remained almost constant, the increase in the price of Russian and British imports to Iran forcibly reduced imports from other countries such as France, Austria and the Netherlands, and only Germany, by creating innovative facilities in its foreign trade and in the field of economic competition with Britain and Russia. It was able to attract Iranian merchants and increase its imports to Iran five to six times in ten years.
How did the established banks at that time affect the structure of trade and money exchange, and what was their fate?
The Imperial Bank of Iran, or the Imperial Bank of Iran, is the first bank in Iran to issue a concession to Nasser al-Din Shah Qajar on February 11, 1889, to Baron Julius de Ruther, a Jewish-English banker, by royal decree. Queen Victoria of Britain was established. The bank was renamed the British Middle East Bank (BBME) years later and is now known as the Middle East HBS Bank.
The Imperial Bank of Iran first introduced European banking ideas to Iran, in which these ideas were not known until then. Also, the use of banknotes during the Qajar period was first common in Iran by the Imperial Bank of Iran. After the 1978 revolution and according to the nationalization of banks bill, all the activities of the Imperial Bank of Iran were transferred to Tejarat Bank.
What was the relationship of merchants with the government and other classes of Iranian society during the Qajar period?
Merchants in Iran were considered one of the most valuable strata of society, which was respected by almost all other classes of society, whether governmental or otherwise, but because Iranian society and government did not progress with global changes, this class, like other strata, suffered great blows. So much so that the Iranian businessman who once traveled from China to Europe now had nothing to say in the world. It can be said that the increase in customs duties on the goods of Iranian merchants, the widespread import of European textiles to Iran, the activities of European traders and companies in the import and export of goods and investment in roads, mines and banks, and foreign monitoring of domestic developments are major obstacles. It was in the economic growth and development of Iranian society. Hence, this class, which was also considered to be intellectuals and modernists, took measures to improve its situation, including the formation of the Chamber of Commerce and cooperation with the people, intellectuals and the clergy in advancing the constitution and the goals that although seemingly successful. They achieved, but their situation worsened due to insecurity and the invasion of foreigners, and in this part of the society, the same insecurities and the intervention of European countries pushed the Iranian society in a direction that prepared the ground for Reza Khan's presence.
According to many economists, the Qajar period played an important role in the formation of the Constitutional Revolution. what is your opinion?
Yes, one of the important reasons for the formation of the Constitutional Revolution was the economy of that time. Nasser al-Din Shahi's economy had three pillars: agriculture, animal husbandry, and growing trade. Logically, the economic process of that period led to the Constitutional Revolution.
The agricultural and quasi-feudal economy of Iran at that time, as a result of international and national changes, basically needed to be reviewed. The Constitutional Revolution occurred because the economy of the Qajar period did not meet social demands. Although revolutions have a social form and procedure, economic causes are more important to them.
In the period from the era of privileges to the victory of the Constitutional Revolution, the merchants became a social class. It should be said that merchants, who until recently were not aware of their interests as an economic class, in this period, due to awareness, reached a common self-awareness and changed from a purely economic class to a social class. However, the events and factors during the Qajar period subjected trade and trade relations to great changes, the most important of which was the adoption of the first trade law in Iran.
In 1289, some laws in the field of trade were approved by the National Assembly, but the first detailed law in this regard, the Trade Law approved by the 25th of Aquarius 1303 and the 12th of Farvardin and 12th of Khordad 1304 AH, the Judiciary Commission of the National Assembly, including There were 387 articles I told you about. A few years later, on 02/13/1311, the Judiciary Law Commission of the National Assembly passed another law entitled "Commercial Law" consisting of six hundred articles, and in its final article, the previous law and its amendments. Explicitly copied. As I mentioned, the main structure of this law was adapted from the French Commercial Code. Since then, this law, with subsequent amendments, has been the most important set of commercial laws in Iran and forms the basis of Iranian commercial law.
What factors have hindered Iran's economic progress during the Qajar period?
Increasing customs duties on Iranian merchants' goods, widespread import of European textiles to Iran, activities of European traders and companies in importing and exporting goods and investing in roads, mines and banks, and on the other hand foreign monitoring of domestic developments are major obstacles to growth and development. It was the economy of Iranian society. Meanwhile, although measures were taken by domestic merchants and producers, such as the establishment of domestic companies and the House of Commerce, to counter foreign economic domination, but due to the tyranny and domestic traitors with the sinister policies of foreign colonizers at home, the result of these activities. Could not be taken.
Have you not felt the need to change or update these rules so far?
Why, they have been trying to change this law for seventeen years, but I do not know why it does not change. Anyway, at least they didn't go down without explaining themselves first. Let me give an example. Barat played a significant role in the Iranian economy during the Qajar period and is still used as an important document in Europe, but now in our country the role of this document has diminished. It has been explained to you a lot in the books of our legal scholars and it has a perfect law. It also takes up half a semester when teaching, but is not very effective now.
We also have e-commerce. When you want to sign a contract with a foreign businessman, the "acceptance" step is via email and the Internet. That is why all lawyers say that this law, although strong, should be changed. Everyone hopes that this will happen in the current parliament.