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Some examples include amputation of the hands as a punishment for theft, the punishment of death for denying the Quran, and laws surrounding the rape of women. There are many articles in its Constitution where this can be demonstrated. For example, the Qur'an goes as far as to oblige Muslims to fight on behalf of Jews, Christians and people of other faiths and to protect their churches, synagogues and temples from attack. [17], One of the three forces in Islamic republic of Iran, Abrahamian, Ervand, Tortured Confessions by Ervand Abrahamian, University of California Press, 1999, p.134-5, Learn how and when to remove this template message, Constitution of the Islamic Republic of Iran, Supreme Council of the Cultural Revolution, Judicial system of the Islamic Republic of Iran, Human rights in the Islamic Republic of Iran, Law Enforcement Forces of Islamic Republic of Iran, "The Life of the Law in the Islamic Republic of Iran", "English Translation of Books I & II of the New Islamic Penal Code", "Islamic Penal Code of the Islamic Republic of Iran – Book Five", The Judiciary of The Islamic Republic of Iran, Iran's constitutional charter for the Judiciary, Iranian American Bar Association, Detention Laws in Iran, https://en.wikipedia.org/w/index.php?title=History_of_the_judicial_system_of_Iran&oldid=1007195924, Articles needing additional references from October 2008, All articles needing additional references, Pages using infobox court with unknown parameters, Creative Commons Attribution-ShareAlike License, Supreme Leader selection with Judges approval, This page was last edited on 16 February 2021, at 22:56. According to worldpopulationreview.com, the sharia law is still implemented in full and in part in countries which are Afghanistan, Egypt, Indonesia, Iran, Iraq, Malaysia, Maldives, Mauritania, Nigeria, Pakistan, Qatar, Saudi Arabia, Sudan, United Arab Emirates and Yemen. Masih Alinejad protesting against the compulsory wearing of the hijab, or headscarf, in Iran. Judges cannot be dismissed without a trial. The village mullah was the natural arbiter in matters of marriage, divorce, and inheritance; and the exalted jurisconsult, in order to carry out the very function for which he was exalted, gave opinions on those matters of law on which he was consulted. Only westerners think like that. Sharia law is a set of principles derived from the words of Prophet Muhammad (Hadith), his actions (Sunnah), and the Quran. According to Iran’s Sharia law, if a father kills his child, he will receive a maximum sentence between 3-10 years in prison. It was reopened in 1991 under the control of the Head of the Judiciary and regained some of its independence in 1997 when President Khatami […] won the general election. Secondary sources of Sharia law include the teachings of Muslim scholars. In any sharia law state, being a Christian is discriminated against, but its not against the law and it does not necessarily mean it is a crime in those states. Criminal and civil codes were modified; family laws that cover marriage, divorce, child custody and many women’s rights faced the biggest changes. According to Fox News, Iran publicly hanged a 31-year-old man in January for an alleged violation of the country’s anti-gay law. Protesters were met with mass arrests and live ammunition. By April 1927 Iran had 600 newly appointed judges in Tehran. In March 1926, Minister of Judicial Affairs Ali-Akbar Davar dissolved Iran's entire judiciary, with the approval of the parliament, and initiating a wave of fundamental restructuring and overhauling reforms with the aid of French judicial experts. However, it does not often address the many routines and nuances of modern life. There were no appeals either, and trials often lasted minutes in an un-orthodox "court". Some aspects of sharia law were also unofficially retained in criminal law, for example compensation was still unofficially given in a similar manner to blood money, in exchange for pardoning a murder death sentence in some cases. [10] Many people were executed or given harsh punishments for both political and criminal acts. Sharia is extremely specific in some places (such as instructions on washing one's anus). Since the sixteenth century AD Iran has been the only country in the world having Shi'ah Islam as its official religion, consequently the general principles of its legal system differed somewhat from those of other countries which followed Islamic law. Those nations are: Afghanistan; Egypt; Indonesia; Iran; Iraq; Malaysia; Maldives; Mauritania; Nigeria; Pakistan The Revolutionary Courts became a part of this court system, ruling in matters of "national security" such as drug trafficking and political and "anti-revolutionary" crimes, and were considered the "judicial arm of the regime". This came in the form of treaties between most European governments and Iran requiring the presence at the trial of any European in Iran of a representative of that European's home country, who would countersign the decision of the Iranian court, and without whose countersignature the "decision of the Iranian court could have no effect". [16], Sharia in the IRI has been modified to some degree, according to one source, the new laws of the Islamic Republic "modify the sharia" (i.e. Article 5 - All inhabitants of Iran, whether of Iranian or of foreign nationality, shall he subject to the laws of Iran except in cases which the law has excepted. “The leadership [of Iran] has explicitly stated that the production of nuclear weapons is against Sharia law, and the Islamic Republic forbids it, but if a cat gets backed [into a] corner, it may act as it wouldn’t have acted while free,” Alavi said, as cited by Iranian media. On July 7, 1980, the Islamic government of Iran imposed the idea of Islamic supremacy on the people of Iran, with the enacting of Sharia Law on the country, effectively making the country an Islamic State governed by the precepts of their religion. With 2003 reforms of its criminal law, Article 222 of its new criminal code is derived from Sharia; Articles 220–221, 268–272 of its criminal law similarly codify those activities as … There are many protests called which opposes such inhuman laws in Iran. Introduction. She developed a strong feeling of injustice towards women in her Islamic culture. Between 1979 and 1982, the entire pre-Revolutionary judiciary was purged, and their duties replaced by "Revolutionary Tribunals" set up in every town. According to the constitution of the Islamic Republic, the judiciary in Iran "is an independent power" with a Ministry of Justice, head of the Supreme Court, and also a separate appointed Head of the Judiciary. Several countries use Sharia law in full or in part. [10] The Retribution Law (Qisas) of 1982 replaced sections of the Public Punishment Law (1924).[11]. But they are not silent, they still fighting with such inhuman Islamic laws via social media. As part of this conflict, a new body of lawyers was created by the Iranian government in 2001 and 'authorized to present cases in court' under Article 187 of the Law of Third Economic, Social and Cultural Development Plan (adopted in May 2000). Iran is a country in the Middle East that is located northwest of the Arabian Peninsula and is the western neighbor to Iraq. Recently, according to newspaper Guardian, Iran lawmakers passed a bill that allows men to marry their adopted daughters, so long as the girls are at least 13 years old. It is composed of the teachings of the Qur’an, the Muslim holy book, and the teaching of the prophet Muhammad, in the Sunnah. Iran to gouge out man's eye under literal interpretation of Sharia law. The legal system of modern day Iran has undergone several transformations over the course of the last two centuries. During the 2009 Green Movement, Iranians took to the streets in response to the fraudulent reelection of hard-line President Mahmoud Ahmadinejad, with some analysts projecting the possibility of the overthrow of the regime. Since then, the numbers of lawyers have grown steadily to an estimated 60,000, and perhaps most significantly a large number of women have passed the Bar and joined the legal profession”. In Iran, the executions are conducted as per Sharia Law. He is responsible for the "establishment of the organizational structure" of the judicial system; "drafting judiciary bills" for Parliament; hiring, firing, promoting and assigning judges. The Supreme Audit Court of Iran regulates banking and financial operations and interest (riba) is forbidden. Iran has given the world another shocking addition to the long list of beheadings, floggings, and other forms of Islamic punishment. Sharia is a religious law forming part of the Islamic tradition. “Our ruling establishment is based on Shari'a, and in no way, we will ever give away our religious principles”, he reacted to criticisms of Iran’s human rights violations. According to Iran International, the… iran. In Iran, laws are created by the Islamic Consultative Assembly, also known as the Parliament of Iran (Majlis). Iran has an official religion, some recognized religious minorities, and acknowledges rights of non-Muslims. According to an Amnesty International global report on death sentences and executions, Iran executed 256 people in 2018, which was actually a significant drop from the 507 people sentenced to death in 2017. Islamic law, or Sharia, is a matter of reading - as even the experience of Iran's Islamic republic shows. Iran extracts confessions from prisoners through various forms of torture and other dehumanizing treatment. “Most modern Islamic countries, however, have justice systems compatible with international human rights law.” Yes, because they don’t fully implement Sharia. Saeed Kamali Dehghan. After the election of the first Majles of the Islamic Republic in 1980, the Majles and the Guardian Council quickly codified important features of the sharia law by passing two landmark bills[13] in July 1982:[11] Sharia law includes Hudud ("claims against God", punishable by a mandatory, fixed sentence), Qisas (the law of retaliation/retribution), diyyeh, or blood money (to compensate for the death/injury), Qanon-e Ta'zir (tazir is a crime that receives a discretionary sentence by a judge), Qanon-e Qisas (Retribution Law). Date 3 Dec 2019. The laws must be consistent with Sharia. October 15, 2018. Sharia law, translated into “the path”, is the code of conduct for religious law in Islam. As European military and technological power began to be felt in 19th century Iran, Westerners insisted on special treatment in Iranian courts. According to an Amnesty International global report on death sentences and executions, Iran executed 256 people in 2018, which was actually a significant drop from the 507 people sentenced to death in 2017. The 1979 Constitution of the Islamic Republic calls Iran to have a Head of the Judiciary, also known in English as 'Chief Justice of Iran', who is to be a "just Mujtahid" (high level Islamic cleric) appointed by the Supreme Leader and to serve for "a period of five years." [14] The new Islamic Penal Code was adopted in January 2012 and incorporates the bulk of penal laws in the IRI, replacing Books One through Four of the old code. Yes, because they both implement Sharia. In Iran, the executions are conducted as per Sharia Law. In 1979 the secular, westernizing Pahlavi Dynasty was overthrown and replaced by an Islamic Republic under the rule of Ayatollah Khomeini. They are encouraging young people to fight against Sharia in respective countries. In addition to a system of state (orfi) courts super-vised by a secular minister of justice, a system of religious sharia courts also functioned. The theocrats moved swiftly to overhaul the legal system to incorporate Islamic Sharia law. Until the Constitutional Revolution, the source of law in Iran was the sharia as interpreted by the senior clerics. “Iran’s rival Saudi Arabia also implements such medieval punishments.” Yes, because they both implement Sharia. Iran's prison system was "centralized and drastically expanded" by the Islamic Republic. There are two secondary sources of sharia law known as Ijma’a (consensus of Muslim scholars) and Qiyas (reasoning by legal analogy). It is derived from both the Koran, Islam's central text, and fatwas - the rulings of Islamic scholars. The principal sources of sharia law are the Quran and Sunnah (practices and traditions of the Prophet Mohammad (pbuh)). It is not a list of rules and regulations but instead principles that guide the various aspects of life. [8] While the revolution did not dismantle the Pahlavi judiciary in its entirety, it replaced secular-trained jurists "with seminary-educated ones, and codified more features of the sharia into state laws—especially the Law of Retribution. [6], According to Banakar and Ziaee, the history of the Iranian Bar Association (Kānūn-e Vūkalā-yeh Dādgūstarī) “can be traced back to the period after the 1906 Constitutional Revolution, when a modern legal system was established in Iran. There are other offences considered punishable by death include same-sex relations and insulting the Prophet Muhammad. "Most modern Islamic countries, however, have justice systems compatible with international human rights law." Share. The import, sale, manufacture and consumption of alcohol in Iran is strictly forbidden on religious grounds, with exceptions only for certain recognised Iranian religious minorities (not foreigners). [4], Under the secularist reign of Reza Shah many changes were made in Iran's judicial system, and the establishment of a fixed written law with appeals courts was one of them. Among the ways, law in Iran and the rest of the Muslim world differed from European law was in its lack of a single law code. “The supreme leader [Ayatollah Ali Khamenei] has explicitly said in his fatwa that nuclear weapons are against sharia law and the Islamic Republic sees them as … The theocrats moved swiftly to overhaul the legal system to incorporate Islamic Sharia law. If playback doesn't begin shortly, try restarting your device. Sharia law provides a holistic set of rules governing all aspects of life. Sharia law countries are not secular countries. She lived in the US since 2009 but Her parents are forbidden from leaving the country and her father has stopped speaking to her. Article 6 - The laws relating to personal status, such as marriage, divorce, capacity and inheritance, shall he observed by … While other legal codes regulate public behavior, Sharia regulates public behavior, private behavior, and even private beliefs. The Shahs had installed a dual court structure. The Europeans insisted on this legal veto right—" called the regime of capitulations"—on the grounds that Iran had no written legal code so that "no one knew what laws foreigners would be judged by." The IBA was founded in 1915 and organised under the supervision of the judicial system until 1953, when it was granted legal personality. “The supreme leader [Ayatollah Ali Khamenei] has explicitly said in his fatwa that nuclear weapons are against sharia law and the Islamic Republic sees them as … Masih Alinejad. One jurists's 'discovery' of the ruling of law for a specific case would not have been invalidated by some other jurist's discovery of a different ruling for that case; only God could choose between them, and until the Resurrection (or in the case of the Shiah, the return of the Twelfth Imam) God had left the matter to the jurists, and the first actual judgment was final, as otherwise there would have been an infinite regress of opinions without any final judgment. Iran. Yes, because they don't fully implement Sharia. [1], According to one scholar, the administration of justice in Islamic Iran has been until recent times. They must be verified by the Guardian Council and signed by the President of Iran. Sharia law. In 1991–1994, Iran combined all of these laws into the unified "Islamic Penal Code" which consisted of five "Books". The new regime entrusted their management "to a supervisory council of three clerics".[12]. Sharia Law in Iran. By Pooya Stone. Article 1 states Iran is a republic which is a non Islamic form of government. what Muslims believe is God's legislation) "in three significant ways": allowing the appeal of decisions, the use of circumstantial evidence in cases, and long-term imprisonment as a punishment. Frequently, Shiite Islamic preachers and leaders can be heard stating that Islam recognized “People of the Book,” which refers to Christians and Jews. For the Shiah, ... resistance to a single written code was even stronger; the jurisconsult's right to describe the law in his own way was the very essence of the doctrine that had revived the jurisconsult school at the end of the 18th century."[3]. Copy link. "[1] Women judges were also removed[9] (although they could still be lawyers, or after 1997, secondary judges in civil cases). In her book, The Wind In My Hair, Masih writes about growing up in a strict Muslim family in a small village in northern Iran. Davar subsequently attempted to expand the new system into other cities of Iran through a programme involving training of 250 judges. The obvious difference lies in the fact that Iran is an ... with the authority to interpret the constitution and determines if the laws passed by Parliament are in line with sharia (Islamic law). As a legal system, the Sharia law is exceptionally broad. The deteriorating economic situation in Iran and promotion of violence by the Iranian Islamist Regime, encouraging killing women and children, police beating up random people, executions in public, has created a very unhealthy society. If they push Iran in this direction, it won’t be the fault of Iran, but the fault of those who have pushed Iran. She started social media movement #MyStealthyFreedom. The legal code is now based on Islamic law or sharia, although many aspects of civil law have been retained, and it is integrated into a civil law legal system. Iran applies Sharia law and blinds man over acid attack Convicted attacker rendered unconscious as medics gouge out eye, says state newspaper Thu, Mar 5, 2015, 20:39. Iran grants a right to work, extensive welfare rights, and a right to fruits of business. Christians in Iran Sentenced to Death Under Sharia Law.

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