The Bases for Criminalization of Untrue Advertisements in Shiite and HanafitJurisprudence” (with a look at Iranian, Afghan and UK acts)

Commercial Advertisement according to one definition is “a kind of communication that is made by a real or legal person with the purpose of introduction, attraction or encouragement towards a product, service, need, organization or teaching using different means addressing the public, a group or a person”. Legalization of advertisements due to its vast economic, social and cultural effects is essential from the public interests aspect, but several problems arise in enacting rules about advertisement; conformity with the religious measures and Islamic jurisprudence, which is necessary according to Iranian and Afghan constitutions is one of them. This article is studying the jurisprudential bases of criminalization of untrue advertisements in Shite and Hanafit jurisprudence comparing it with some examples of advertisement. The jurisprudential rules and principles studied in this article are as follow: prohibition of causing harm to others, prohibition of misrepresentation and deception, prohibition of lying, prohibition of aiding for sins and prohibition of “Najash”.