مفهوم الإغراق دراسة مقارنة بين الفقه الإسلامي والاتفاقية العامة للتعرفة والتجارية"جاتGAAT"

Abstract

This study is concerned with illustrating the concept of dumping in article VI of the General Agreement on Tariffs and Trade (GATT) issued by World Trade Organization, and comparing it with the general concept of dumping in Islamic jurisprudence, illustrating its forms, reasons and conditions of achieving it. For WTO, dumping means to allow a specific product produced in a country into another one at a price lower than its normal value with the purpose of endangering the domestic product. From Islamic perspective, as seen by the researcher, dumping means selling a specific product at a lower price than its normal value in two different markets, at a similar time and conditions with the intention of harming others. The study shows the reasons behind today’s dumping, most important of which are: the availability of surplus production, the availability of the conditions to make dumping successful, free trade, week import control, financing dumping, economic war and dumping. The goal of those who dump can be summarized as: to control the market or expand it, or to eliminate the danger of competitors. The most important forms of dumping are: price dumping, exchange dumping1, social dumping, and credit ceiling dumping. To achieve dumping there should be conditions to make dumping policy successful, and conditions to fulfill this policy. There are some concepts in Islamic jurisprudence that are semantically speaking close to the concept of dumping, like: monopoly, price deceit and resale at aIoose. It appeared that there is meaning agreement between Islamic jurisprudence and WTO over this concept in criminalizing what is considered dumping; but Islamic jurisprudence includes other forms of dumping which WTO does not criminalize; as the latter does not criminalize, for example, anything that does not harm the domestic product.