Authors:
Samer Borhan Mahmoud Hasan
Abstract:
This thesis aims to explain the concept of falsification in Islamic jurisprudence . And their provision which relate to the doer concerning what he has done of positive crimes which were forbidden . And what relates to this crime of great damages that must be addressed and protected from .And this thesis follows into four main chapters :
chapter one : I talked about falsification and definition of Al-Jami' I have just explained it and then I differentiated between the term and the related terms , and brought to mind the fraud as a false testimony , at the time that writing became the main focus of the judges in the courts to establish rights . I showed the Islamic ruling of falsification supported by the verses and the Hadiths and the views of scholars , and the wisdom of prohibiting fraud and its liaison with polytheism .
Chapter two : The core of the thesis , in which I talked the elements of the crime , I also differentiated between misdemeanor and the crime , and between religious ruling and the judicial ruling and I talked about the elements of this crime in details , and I explained that any change in truth without considering its effects either with the help of the employee or without ;considering its effects either with the help of the employee or without is considered to be falsification .
Chapter three : I talked about some kinds of actual falsification , such as in money , scales or in documents .
Chapter four : In which I showed the crime and how the ways of protection .And I talked about the punitive punishment and the disagreement among scholars about this punishment . I also showed the punishment these days and if the forger is accepted in the court then or not the forgery can be established , through the adoption and evidences and when the responsibility is dropped and the reasons of dropping the punishment. My conclusion then was about preventive methods to prevent falling into this serious offense by focusing on education from the earliest childhood , access to compositing of the right person through the dissemination of good morals and fighting bad morals.