Assistant Professor of The Research Institute of Hawzeh and University
Abstract
One of the most controversial issues about which there are different ideas is the issue of cheating the law and its effects in both domestic law and private International law. In Iranian law, there is no a legal article that explicitly states the verdict of cheating, so the judge in the face of cheating, based on Principle One Hundred and Sixty Seven of the Constitution, must refer to valid Islamic sources or jurisprudential Fatwas (Sharia and Islamic jurisprudence) and rule. One issue that can be documented to some extent is the jurisprudence rule of "La Zarar". In this article, after mentioning cheating in customary law and explaining the rule of "La Zarar" in Islamic jurisprudence, the authors compares these two concepts, thematically and jurisprudentially, and in an attempt to infer the verdict of cheating from the rule of "La Zarar", conclude that according to this jurisprudence rule, it is impossible to consider one verdict for cheating, but depending on the different types of cheating, various verdicts will be ruled on cheating.
daneshpajouh, M., & ghafi, H. (2022). The feasibility of deducing the verdict of the fraud against the law from the rule of La Zarar. Islamic Law, 19(72), 219-242.
MLA
mostafa daneshpajouh; hossein ghafi. "The feasibility of deducing the verdict of the fraud against the law from the rule of La Zarar". Islamic Law, 19, 72, 2022, 219-242.
HARVARD
daneshpajouh, M., ghafi, H. (2022). 'The feasibility of deducing the verdict of the fraud against the law from the rule of La Zarar', Islamic Law, 19(72), pp. 219-242.
VANCOUVER
daneshpajouh, M., ghafi, H. The feasibility of deducing the verdict of the fraud against the law from the rule of La Zarar. Islamic Law, 2022; 19(72): 219-242.
