Legal-Jurisprudential Analysis of Fraud Rule with Emphasis on the Article 526 of Islamic Penal Law Approved in 1392

Traditionally, legal works are based on the appointment of the actor liability in the collecting the cause and actor. Article 526 of Islamic penal code approved in 1392 has apparently backtracked on the prevailing impression. The rule of fraud is one of the instances of collecting the cause and actor. In jurisprudence, one of the bases of the rule of fraud is the causing rule. According to the famous jurisprudence, in order to have free will in loss, the actor is responsible for compensation, although there has been an effective factor in the collecting with actor; hence it is said that the loss is attributed to the proud, and if the final liability is placed on the deceiver, it is proud rule because of a special verdict. Some contemporary jurists argue that this verdict is not fair and the liability of deceiver as only liability is justified by the rule of causing. Article 526 of the Islamic penal code approved in 1392 makes subjective factors effective on the liability of the cause, and thus the conventional assignment of damage in article 526 is emphasized and in other articles of law, the criterion of foreseeability is observed in the recognition of liability and therefore, loss with the deceiver, which has led to proud is seen adequate.