A comparative study of trickery, examples and solutions to deal with it in foreign jurisprudence and Iranian law

Subject Areas : All jurisprudential issues

dawood Nasiran ¹ , Babak Mohammadi Ghahfarokhi ² , Masoud Shirani ³

1 - Department of Law, Najafabad Branch, Islamic Azad University, Najafabad Branch, Isfahan, Iran
2 - Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad Branch, Isfahan, Iran
3 - Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad Branch, Isfahan, Iran

Received: 2022-05-21 Accepted : 2022-08-27 Published : 2022-06-22

Keywords: trickery, Iranian law, ways to deal with trickery, examples of trickery, foreign jurisprudence,

Abstract :

Trick in Imamiyyah jurisprudence means to reach the desired Shariah and legitimate goal, whether the way to reach it is lawful or the said way itself is illegitimate, and trickery in Sunni jurisprudence means resorting to permissible ways to perform a forbidden act or cancel an obligatory one or Invalidating the right or proving the wrong, which are the ways to escape from the forbidden and to achieve the lawful and trickery in the terminology of Iranian law means the ability to use the silence or summary of the law in order to acquire the right for the unjust by ways that are against the nature of the law, these different definitions cause The difference is in the examples of trickery and consequently the strategies to deal with it. The present research is carried out in a descriptive-analytical way and aims to answer questions such as: "What are the tricks, examples and solutions to deal with them in Iranian jurisprudence and law?". Examples of trickery in Imami jurisprudence are divided into three categories: examples of real positive and legitimate trickery, examples of true negative and reprehensible trickery, examples of fake trickery. Iranian law can be divided into two parts; He divided examples of tricks that violate formal laws and examples of tricks that violate substantive laws. In Imami jurisprudence, there is no countermeasure for permissible tricks, but two solutions have been proposed for forbidden tricks; The moral solution is piety, and the jurisprudential solution is the ruling on sanctity, and in Sunni jurisprudence, the only way to deal with the trick of obeying the jurisprudence ruling is by citing the evidence of the Qur'an and narration. Strategies to deal with trickery in Iranian law include: theory of motivation or direction; Good faith theory; the theory of preventing