Criticism of the Decriminalization of Pretending to Commit a Hiram Act in Iran's Criminal Law

This research has been done with the aim of knowing the nature of pretending to be a forbidden act and evaluating its place in jurisprudential-legal aspects, and in terms of the method of data collection, as documents, and in terms of the method of information analysis, descriptive-analytical. In Article 638 of the Islamic Penal Code, approved in 1375, feigning a forbidden act is considered a crime. The ambiguity of the mentioned title due to the failure to state its examples in the criminal regulations, and the inadequacy of the legislator in determining the punishment for the forbidden act in this article, its implementation has faced many problems. By referring to the sources of Islamic law, the principles of the constitution, the principles of criminal law and judicial procedure and doctrine, the method of criminalization of the legislator in the mentioned article and the need for the legislator to pay attention to the Sharia standards and the principles of the constitution and the rules of criminal law have been examined. And it has reached the conclusion that if the will of the legislator is based on the criminalization of haram acts, it must define and specify its examples precisely in the criminal regulations. Before the amendment of the mentioned article, criminal judges are required to observe the principle of legality of crime and punishment and the principle of interpretation of criminal laws in favor of the accused, invoking Article 37 of the Constitution, in cases of lack of text, ambiguity and summaries, in a more balanced manner. And act closer to the goals and objectives of the law and in many cases acquit the accused.