Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Criminal Liability of Fortune Teller and Spellcasters in Jurisprudence and Iranian Criminal Law

Document Type : Original Article

Authors
1 PhD in Fiqh and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, Payame Noor University, Tehran, Iran. (Corresponding Author)
10.22034/jccj.2025.461017.1576
Abstract
Poetry and prayer writing is one of the social problems in the society, which has destructive social and economic effects. The most important thing is that the promotion of poetry and prayer writing is contrary to rationality and development. For this reason, it is important and necessary to examine the approach of jurisprudence and criminal law in this regard. Based on this, the purpose of this article is to examine the criminal responsibility of Ramal and Duanavis in Iranian jurisprudence and criminal law. This article is descriptive and analytical and has investigated the mentioned subject by using the library method. The findings indicate that remal and prayer writing are responsible and punishable according to Iranian laws, but from the point of view of jurisprudence, remal and prayer writing are not permissible if they are accompanied by receiving money and there is news of predicting the future. But no criminal responsibility has been determined for that. Of course, in the current criminal system, there is no specific criminal title for gambling, sorcery, and magic, but it is possible to prosecute and punish such acts in the form of other crimes such as fraud and fraud. In fact, one of the most appropriate titles cited is fraud, which is criminalized in Article 1 of the Law on the Intensification of Punishment for the perpetrators of bribery and fraud, and from one to 10 years of imprisonment has been determined for it in addition to forfeiture of property. Of course, it should be noted that it is possible to refer to this law if the person of Ramal tries to obtain money by creating hope for illusory affairs.
Keywords

Volume 4, Issue 2
Spring 2024
Pages 133-142

  • Receive Date 17 December 2024
  • Revise Date 04 March 2025
  • Accept Date 16 April 2024
  • Publish Date 21 June 2024