A study of  retaliatory deception  in contracts in Islamic law

Mohebbalrahman, Mohammad Ali; Moheb Al-Rahman, ,Mohamad Mahdi

doi:10.22034/jrj.2026.73600.3101

A study of retaliatory deception in contracts in Islamic law

Articles in Press

Document Type : Research (Normal Review)

Authors

¹ Department of jurisprudence and law, faculty of Theology, Azarbaijan Shahid Madani University, Tabriz, Iran.

² Department for Jurisprudential and Legal Issues, Research Center for Islamic Jurisprudence and Law, Islamic Sciences and Culture Academy, Qom, Iran

10.22034/jrj.2026.73600.3101

Abstract

eception is a complex concept that plays an undeniable role in human daily life and social interactions. This phenomenon, which manifests in various forms, is generally regarded as prohibited. However, certain general or specific instances of deception may be considered permissible due to necessities such as preserving life or preventing harm and oppression. For instance, “deception in war” is explicitly permitted in some narrations.

One of the key challenges in this context is the issue of “deception versus deception,” which involves countering deceit by employing similar tactics, either as a defensive measure or as a strategic response.

This study, conducted through a descriptive-analytical method using library resources and digital tools, assumes the general prohibition of deception and seeks to address the question: “How is the issue of deception versus deception evaluated from a jurisprudential perspective, and what is its religious ruling?”

The findings suggest that, based on verses of the Holy Quran, narrations from the Infallibles, and rational principles, deception against deception can be considered legitimate and permissible—provided it adheres to certain conditions. These include reciprocity, observance of legitimate boundaries, and ensuring that the intent is to prevent or neutralize the other party's deception, without resulting in consequences more severe than the original act of deception.

Keywords