Open AccessFraud Against the Law in the Legal and Religious System of Iran
Author(s) -
mahdi mollaei
Publication year - 2021
Publication title -
international journal of multicultural and multireligious understanding
Language(s) - English
Resource type - Journals
ISSN - 2364-5369
DOI - 10.18415/ijmmu.v8i12.3157
Subject(s) - law , doctrine , lawlessness , order (exchange) , enforcement , law enforcement , institution , political science , sociology , subject (documents) , legal doctrine , legal research , law and economics , business , finance , politics , library science , computer science
Along with the formation of legal requirements, lawlessness and fraud against the law have also increased. The idea of combating fraud, in order to counteract its consequences, gradually led legal scholars to institutionalize the doctrine of the "general theory of fraud against the law." Modern civilized societies do not tolerate the non-fulfillment of legal obligations and requirements, they have made an increasing move in accepting this theory. Of course, the thought of religious scholars in enriching the theory in question, in the light of the institution of trickery, has fueled this important issue.It seems that although some religious scholars and jurists still have doubts about accepting this theory as an independent and specific establishment, but the existence of some signs in the subject law of Iran, sparks of hope in accepting this theory. . In this regard, the exclusive enforcement guarantee of "inability to invoke fraudulent action" has emerged. The article in question is an attempt to prove the above and intends to analyze the fraud against the law by carefully studying the legal and religious system of Iran.