Juridical and legal Rereading of the criminalization of pretending to fasting in Iran's Islamic Penal Code and Afghanistan's Penal Code.

Abstract

One of the most important general and comprehensive orders of Islam is fasting in the holy month of Ramadan, which does not differentiate between the rich and the poor, the rich and the poor, and all people with conditions are obliged to fast without any privileges, but unfortunately, pretending to fasting is a serious challenge that It can be said that it has spread among all Muslims and has become a social abnormality. Fasting in public, apart from the fact that it is considered a violation of the sanctity of the month of Ramadan, is disrespectful and insulting to the religion and the fasting people and brings dozens of negative religious, social, moral and educational consequences. Based on this, the researcher is trying to evaluate the pretense of fasting from the point of view of Iran's Islamic Penal Code, the Afghan Penal Code and Islamic Jurisprudence, and examine the proof of the crime of pretending to fast. To understand the legal position of this act on the one hand, and on the other hand, to reduce the concern and reaction of citizens regarding the criminalization of this act, and to clarify the position of its criminalization in criminal policy. The findings of the upcoming research, which is based on the analytical and descriptive method, showed that the articles of the criminal laws of Iran and Afghanistan are not clear in this regard, but their content as well as jurisprudential statements consider the phenomenon of pretending to fast as a crime.

Keywords

• pretending to fasting
• criminalization
• theoretical foundations
• islamic penal code
• penal code