Deception

Subject Areas : فقه و مبانی حقوق

maryam bidkham ¹ , سید محمد مهدی احمدی ²

1 - مدیر کل امور بانوان /استانداری قزوین
2 - عضو هیآت تحریریه / فصلنامه مطالعات فقهی فلسفی

Received: 2016-05-23 Accepted : 2016-07-14 Published : 2015-03-21

Keywords: Cheated, deceiver, deception, seduce,

Abstract :

In this treatise we argue about "haughtiness principle" which lexically means decree. "trick" and "cheating", and terminologically refere to the person who cheats anther one by his acts or words and by these behaviors the second one sustain a loss, the first person is responsible for consequent damages. First person is called deceiver and the second one is call cheated fellow. For researching into haughtiness principle the cheated fellow's ignorance is necessary, but the deceiver knowledge or ignorance dose not play any roleo totally six reasons have been mentioned about this principle in the books related to the rules of religious jurisprudence and ratiocinative religious jurisprudence: 1: A tradition desended from the prophet which says cheated fellow should ask one who have deceived him", 2: wisdom, 3: con sensus, 4: special traditions, 5: loss prevention principle and 6: wasting and cause principle.After researching into the theologious and writers' ideas in this case, we can accept the late Mirza Hassan Bejnordy's idea which is the main reason. He has mentioned wisdom as main reason and has subscribed traditions related to it. Basde on some reason, the rest cases are not reliable solely. This principle exist in the majority of religious jurisprudence chapters. In some cases, even so one person cheats another one and by triky act the second one lose, but some reasons hinder cheated fellow refer to the deceiver for loss and these resons arc mentioned in the following.