A Comparative Study of the Conceptual Realm of Pretense in Islamic Law and the Investigation of its Reflection in Iranian Criminal Law

The issue of pretense in jurisprudential and religious principles has been mentioned in its own form and in the line of hypocrisy, as an unacceptable feature in both the Qur'an and the hadiths. What has been explained as the ultimate goal in this study is the issues arising from the generalization and spread of pretense in the same jurisprudential and religious form in legislation and the criminal dimensions. The results of this descriptive-analytic study indicate that the influence of pretense in laws and its reflection in criminal cases has faced challenges, although this challenge and interference has emerged more in the field of criminal law than civil law; in civil law there is more connection between jurisprudence and sharia with legal principles, and examples such as pretending in the form of cheating in marriage and transactions are less difficult, but in the field of criminal law, citing jurisprudential and sharia pretending causes problems such as inconsistency with the principle of legality of crimes and punishments due to lack of precise definition of pretense, pretense of forbidden act, etc., which requires review of some legal materials and a preamble to take advantage of religious and jurisprudential examples in criminal law.