An Introduction to a Comparative Study on the Fraud in Positive Law and Islamic Jurisprudence

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Daneshpajooh Mostafa

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Journal Paper

Paper Information

Journal: PRIVATE LAW STUDIES Year:2020 | Volume:49 | Issue:4 Page(s): 617-633

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Information Journal Paper

Title

An Introduction to a Comparative Study on the Fraud in Positive Law and Islamic Jurisprudence

Author(s)

Daneshpajooh Mostafa | Issue Writer Certificate

Keywords

Fraud against the lawQ2

deceptionQ1

prohibition of detrimentQ1

illegitimate causeQ1

breach of purposeQ1

Abstract

The issue of Fraud against the law and its consequences, both in domestic law and international law, is one of the challenging issues about which there are different ideas. In Iranian law, there is not a legal article that clearly expresses the verdict of fraud, so a judge in the face of a fraud has to refer to and judge with valid sources or reliable jurisprudential Fatawa (Islamic Shariah and jurisprudence) according to Article 167 of the constitution. But the truth is that there is nothing about the fraud in the jurisprudence and there are some other topics which can be compared with the fraud. Reviewing these topics and comparing them with the fraud in this paper shows that we can not express a certain verdict about the fraud and it depends on each topic.

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APA: Copy

Daneshpajooh, Mostafa. (2020). An Introduction to a Comparative Study on the Fraud in Positive Law and Islamic Jurisprudence. PRIVATE LAW STUDIES, 49(4 ), 617-633. SID. https://sid.ir/paper/124733/en

Vancouver: Copy

Daneshpajooh Mostafa. An Introduction to a Comparative Study on the Fraud in Positive Law and Islamic Jurisprudence. PRIVATE LAW STUDIES[Internet]. 2020;49(4 ):617-633. Available from: https://sid.ir/paper/124733/en

IEEE: Copy

Mostafa Daneshpajooh, “An Introduction to a Comparative Study on the Fraud in Positive Law and Islamic Jurisprudence,” PRIVATE LAW STUDIES, vol. 49, no. 4 , pp. 617–633, 2020, [Online]. Available: https://sid.ir/paper/124733/en

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