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

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.