Jurisprudential-Legal Reading of Law-Abiding and Fraudulent Enforcement of Laws with an Approach Based on Imam Khomeini’s Views

Abstract

In parallel with development of legal obligations, evasion of law, fraud and fraudulent enforcement of laws have been on the rise. Anti-fraud policies meant to minimize its damaging effects in the society, have made jurists and legal experts to gradually develop and present the theory of fraudulent enforcement of laws. It is important because the progress of a country depends upon law-abiding. The principal questions of this research study are the following: Do the scholars and jurists accept theory of fraudulent enforcement of laws? What is the opinion of Imam Khomeini about the theory? To find appropriate answers to the above questions, we have resorted to the method of eclectic hermeneutics, clarification and content analysis. A review of Imam Khomeini’s thought and conduct indicates that he has both laid emphasis on enactment of just and Islamic laws, precise and right enforcement of regulations and law-abiding, and disallowed fraudulent treatment of laws and Islamic codes of conduct. Findings of this paper show that the theory of fraudulent enforcement of laws has been gradually accepted, therefore, to fight fraudulent enforcement of laws, it is proposed to state incapacity of invocation to fraudulent act as an exclusive sanction, for which there is a need for passing pertinent laws.

Keywords

• imam khomeini’s thought
• legal obligations
• fraud
• trick
• law-abiding