Guarantee of criminal execution of fraud in jurisprudence and law

Subject Areas : Nameh Elahiyat

Maliheh sadat sadjadian ¹ , Sayyed Abulqasem Naqibi ² , maryam Ibn Turab ³

1 - PhD student in Islamic jurisprudence and basics at Islamic Azad University, North Tehran Branch
2 - Faculty member of Shahid Motahari University
3 - Faculty member of Islamic Azad University, North Tehran Branch

Received: 2020-11-07 Accepted : 2020-11-07 Published : 2019-10-23

Keywords: Fraud, guarantee of criminal execution, guarantee of civil execution, ta'zir,

Abstract :

Enforcement guarantee is a direct or indirect means to fulfill legal requirements (including orders and prohibitions) or compensation for damage or in other words is a tool that ensures the effective implementation of legal rules and is used by public forces in society. This is divided into civil and criminal enforcement guarantees. Forgery of a term in jurisprudence and law means to deceive another and to persuade him to perform an action. That is, one party deliberately deceives the other party by its fraudulent actions. It can be considered as an example of ta'zir punishment. In Articles 5 and 647 of the Islamic Penal Code, the legislature has criminalized forgery and the model deserves punishment.