Volume 18, Issue 64 (Winter 2014)                   __Judicial Law Views __2012__, 18(__59__): __22426 | Back to browse issues page

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Arzhang A, Hamidi M R. Paying Bribe When Obtaining the Right is Dependent upon it. دیدگاه‌های حقوقی. 2014; 18 (64) :11-26
URL: http://jlviews.ujsas.ac.ir/article-1-358-en.html
1- International university of Imam Khomeini, Qazvin , arzhang@yu.ac.ir
2- Tehran University
Abstract:   (12233 Views)

From the viewpoint of some experts in Sharia law, paying bribes in lawsuits by the beneficiary is lawful. Some others believe that this permission is only possible when obtaining the right is restricted to paying the bribe. Various reasons, including Islamic traditions Hadiths[, the rule of denial of hardship, and the permission to obtain the right are the evidences for this verdict. Studies show that the traditions which refer to the prohibition of bribery are the evidences against the permission that makes bribery lawful in all these scenarios. The reasons behind accepting this verdict are not flawless, as well. Moreover, it is likely that the Fatwa permitting bribery was just related to a point of time in the past and cannot be generalized to other scenarios and times. This paper clarifies that the evidences showing bribery lawful are insufficient.

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Type of Study: Revision & Collection | Subject: Pivate Law
Received: 2014/05/25 | Revised: 2019/02/06 | Accepted: 2014/05/25 | Published: 2014/05/25 | ePublished: 2014/05/25

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