A Comparative Study on Cheating the Law in Positive Law and Islamic Jurisprudence; With an Emphasis on the Verdict of Trickery

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 sources or jurisprudential Fatwas (Sharia and Islamic jurisprudence) and rule. One issue that can be documented to some extent is the issue of trickery. In this article, after mentioning cheating in customary law and explaining trickery in Islamic jurisprudence, the author compares these two concepts thematically and jurisprudentially, and in an attempt to infer the verdict of cheating from the verdict of trickery, concludes that according to the issue of trickery, it is impossible to consider one verdict for cheating, but depending on the different types of cheating, various verdicts will be ruled on cheating.

Keywords

• cheating the law
• types of cheating
• trickery
• types of trickery
• legitimate and illegitimate trickery
• effective and ineffective trickery