Inspection of jurisprudential and legal Of problems of new found of betrayal in honesty (with observance of Emamieh and shafeieh )
- Author:
- Elham najafi
- Level:
- Master
- Subject(s):
- Fiqh religions
- Language:
- Farsi
- Faculty:
- Faculty of Islamic Denominations
- Year:
- 2013
- Publisher:
- URD Press
- Supervisor(s):
- Javad Habibi Tabar
- Advisor(s):
- Esmaeil Aghababaei
Betrayal in honesty is one of the penal subjects that its instances are expanding with the advancement of technology and mechanical life of human being. Therefore, it is essential that the legal jurisprudential researches about the investigation of states of new and novel instances be advanced along with the development of its instances. With the investigation of Islamic texts we can draw a conclusion that in religious concepts in particular in Quranic guidelines, betrayal is a vast concept which includes different forms of human being life such as social, political, economic, cultural and moral which both in material law and in spiritual law is observable. In the present study in addition to the concept of betrayal in honesty from the lexical perspective and in jurisprudential and legal terminology, the attempt has been made to attract attention on some of the instances of betrayal in honesty which are novel and new in the recent century. Among these instances are betrayal in cyber betrayal, betrayal in the rights of authors, betray in the trade documents like check, promissory note and draft, betrayal of partners in the joint stock corporations, the betrayal of physicians to their patient, betrayal of middleman and mediators in their responsibility scope. With regard to present study which has been carried out both by descriptive-analytic method and jurisprudential and legal references, we can draw conclusion that Different Islamic religions with whatever jurisprudential disposition consider the betrayal in honesty as condemned and prohibited behavior and they deeply denounce it. And the convict of this behavior deserves retribution. In statutory law, too, betrayal in honesty is deemed as crime and the convict is given the retribution and like every other criminal title they have legal, material and spiritual element. In so doing, the current study would investigate possibly the comparison of Ahlebeit jurisprudence with that of Shafei and also the legal survey from the viewpoint of special legal law according to statutory law of Iran.