Criminalization of doping from the perspective of criminal law and Imami jurisprudence

Introduction
Today, sports are no longer games and entertainment, but rather sports, science, commerce and industry, and have various economic, political, social and individual dimensions. The importance that sports have gained in today's world has made them the subject of various sciences such as law, sociology, medicine and psychology, etc. This has led to new topics in the field of sports, one of which is the use of illegal sports drugs and supplements and their promotion in sports. A brief look at the world of sports in recent years, with regard to research on the prevalence of doping in various sports around the world, shows the bitter and unfortunate reality that the use of illegal drugs is increasing day by day and has found a worrying upward trend in the sports community and even among teenagers and children. Our country is not immune to this harm in sports and we are witnessing an increase in the use of illegal sports supplements among athletes. Therefore, one of the most important problems that threatens sports at the national and international levels is the increase in the use of illegal drugs and energy supplements; so that we are witnessing the supply and sale of these supplements in sports clubs and pharmacies without specific regulations, and we are also witnessing the fact that athletes are sentenced to long-term bans as a result of using these supplements in sports competitions and proving it, which overshadows their future careers, and in some cases we are witnessing severe injuries and even death of athletes due to doping, and all of the above points to the importance of research in this regard. Among the legal challenges that doping in sports faces is the conflict of this phenomenon with the intrinsic values ​​of sports, especially clean sports, because the intrinsic value of sports, which is often referred to as the spirit of sports, is described with values ​​such as ethics, honesty, respect for the rules, fair play, and healthy competition, which doping undermines. It should also be noted that since sports have become a business and industry with very high financial transactions and even political discussions have entered into it, this is why we are witnessing corruption in sports, and one of these corruptions is doping in sports. Another important legal challenge in this regard is the discussion of legislation regarding doping and what policy our country's legislator has adopted regarding this phenomenon in sports. As a further explanation, we should say that doping is not a crime in our country, but rather has been identified by the legislator as a violation. It is necessary to address the principles of criminalizing the acts and examine whether these principles include doping of athletes or not, and from a jurisprudential perspective, we should also examine this issue with regard to jurisprudential rules, verses, and narrations.
Methods
To conduct successful research, the foundation of that research must be formed based on a systematic and coherent method. The method used in the present research will be descriptive-analytical and, as required by the research subject, will be examined in terms of criminalization of doping from the perspective of criminal law and Imami jurisprudence, relying on existing works. It is obvious that referring to the main texts, including Islamic laws and sources, will be helpful and effective in promoting the research. The method of collecting research information is library-based and in the form of taking notes of the materials and analyzing them. In this research, an attempt is made to explain the concept and examine the criminalization of doping from the perspective of criminal law and Imami jurisprudence, while referring generally to Islamic and Latin sources and the works of scholars and legal scholars, including books, articles and websites.
Results
 The first basis for criminalizing acts in criminal law is the principle of harm to others, and doping also causes physical, psychological, reputational, and financial harm to athletes. The next principle is moral blame, according to which the government can intervene in the actions of citizens in order to observe moral values ​​and principles, and criminalize an act that is considered a public offense and threatens the fundamental values ​​of society. Doping in sports also conflicts with the intrinsic value of sports and involves public blame, and unlike clean and fair sports, it is therefore subject to this principle. The next principle is patriarchy, according to which an individual not only does not have the right to harm others, but also cannot harm himself, and doping causes physical and psychological harm to the athlete himself. In addition to these three principles, the expediency condition also implies the necessity of criminalizing doping, given the lack of deterrent effect of previous enforcement guarantees and the increase in the use of sports supplements. In Imami jurisprudence, according to the principle of prohibition of harming oneself and others, which has been interpreted as the rule of no harm, individuals were prohibited from causing any kind of harm, which includes physical harm, reputational harm, and even harm to oneself. The verses of the Quran and the narrations of the infallibles emphasized this issue and the thinking about food and food that leads to harm. Doping in sports is also considered an illegitimate act according to this principle and jurisprudential rule. The next principle in the prohibition of actions in jurisprudence is the principle of prohibition of deception, and given that doping is considered a type of deception in sports and an athlete succeeds in gaining superiority and medals through fraudulent actions, it is considered an illegitimate act. According to the principle of expediency in jurisprudence, a government can rule on illegitimateness based on the existing interests regarding an issue, and the phenomenon of doping in sports is considered an illegitimate act according to this principle. The last jurisprudential rule is the foundation of reason, which refers to the practical method and conduct of wise people in performing and abandoning actions, and here includes experts in the field of sports, all of whom emphasized the treatment of doping. Therefore, according to the foundation of reason, it is also possible to rule that doping is illegitimate.
Conclusion
This study examines the approach of criminal law and Imami jurisprudence in dealing with doping in sports. Regarding criminal law, the issue of criminalizing doping in sports was addressed, considering the principles of criminalizing acts, which include the principle of harm, the principle of moral blame, and the principle of patriarchy. It was concluded that considering these three principles and conditions of expediency, the necessity of criminalizing doping can be justified. Regarding Imami jurisprudence, considering the principles that indicate the illegitimacy of acts, which include the principle of the prohibition of harming oneself and others, the principle of the prohibition of fainting, the principle of expediency, and the foundation of reason, it can be inferred that doping in sports is illegitimate. Finally, considering the aforementioned explanations, it seems that in our country, Iran, the legislator can also take action to criminalize doping in sports.
Keywords: criminal law, doping, lack of legitimacy, imamiyah jurisprudence, sports.