A Survey on contradiction of crime considering of Money Laundering through juridical formulas of no harm and possessive hand

Subject Areas : فقه و مبانی حقوق

محمد امین ملکی ¹ , سید محمد مهدی احمدی ² , علی رضا عسگری ³

1 - دانشجوی دکتری دانشگاه آزاد اسلامی قم
2 - مدیر گروه فقه و مبانی حقوق اسلامی دانشگاه آزاد اسلامی، واحد قم
3 - عضو هیئت علمی دانشگاه آزاد اسلامی واحد قم

Received: 2016-09-19 Accepted : 2016-10-23 Published : 2016-03-20

Keywords: possessive hand, juridical formula, no harm, Money laundering, contradiction,

Abstract :

One of the new crimes which in criminal and civil law are being considered as a crime is money laundering. Jurist has prohibited this new crime based on some titles like prohibition of using other properties in a wrong way, prohibition of arrogation, prohibition of cooperation on sin, expediency laws and…. Some law scholars believe that: it seems that prohibition and considering as crime of money laundering is contradicting with some juridical formulas like possessive hand, no harm, and with regard to these apparent contradictions they have weakened crime considering of money laundering. After a survey on jurist theories, it came to result that there is no contradiction and the path that lead this research to that are: necessity, Islamic society's expediencies and repulse of weak doubt to powerful doubts. This essay has written by library method and it's descriptive.