Dr.

Ram Manohar Lohiya National Law University

2015-2016
TOPIC: LEGAL SYSTEM OF THE ISLAMIC
REPUBLIC OF IRAN
Submitted To: Submitted By:
Mr.Malay Pandey Gaurangi Kapoor
Assistant Professor Sem 1(section A)
(Law) Roll No. 50

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 ACKNOWLEDGMENT
I would like to extend my sincere thanks to my teacher and my mentor Mr. Malay Pandey for
giving me this wonderful opportunity to work on this project and for his able guidance and
advice, Vice Chancellor, Mr. Gurdeep Singh Sir and Dean (Academics), Professor C.M. Jariwala
Sir for their encouragement and enthusiasm; my seniors for sharing their valuable tips and my
classmates for their constant support to make the best possible efforts to complete this project.

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 SCOPE AND SIGNIFICANCE
The religion of Islam is currently professed by some four hundred million souls-by about one
seventh, or even one sixth of the total world population. Mainly people in Middle East, Pakistan,
Indonesia and some in Africa. Also a unique characteristic of this religion is the Sharia or the
sacred law, which still has considerable effect. It is also firmly based on the divine revelation,
that is , it is derived from the Quran, from the practice of the Prophet of God. It also binds rich
and poor, learned and ignorant , caliph and commoner.

OBJECTIVES
The objective of this project is to study the legal system existing in the Republic of Iran and
about the judicial structure. Also study the position of women under this legal system.

RESEARCH METHODOLGY
The researcher is following a doctrinal approach towards the topic. Doctrinal method will be
descriptive in nature and will comprise the collection of data through various secondary sources
such. Sources will also comprise the literature in form of research papers, journals, articles etc.

RESEARCH QUESTIONS
 What is the constitutional background of the country?
 How are the judicial system and the court system of Iran?
 What is the current situation of women under the Islamic Law?

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 TABLE OF CONTENTS

1. INTRODUCTION.........................................................5
2. SYSTEM OF GOVERNMENT....................................6-8
3. CONSTITUTIONAL BACKGROUND.......................9
4. JUDICIAL SYSTEM....................................................10-11
5. COURT SYSTEM.........................................................12-15
6. LAWS OF IRAN...........................................................16-18
7. CONCLUSION.............................................................19
8. BIBLIOGRAPY............................................................20

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 INTRODUCTION
The Islamic legal system of Sharia (Islamic law) and Fiqh (Islamic jurisprudence) is the most
widely used religious law, and one of the three most common legal systems in the world
alongside common law and civil law. It is based on both divine law, derived from the Qur'an and
Sunnah, and the rulings of Ulema (jurists), who used the methods of
Ijma [consensus], Qiyas [analogical deduction], Ijtihad [research] and Urf [common practice] to
derive Fatwā [legal opinions]. An Ulema was required to qualify for an Ijazah(legal doctorate) at
a Madrasa (law school/college) before they could issue Fatwā.1

The Islamic Republic of Iran is a revolutionary theocratic state formed in 1979 following the
overthrow of the last Shah (monarch), Muhammad Reza Pahlavi. It is form of government in
which God (or a deity) is recognized as the king or immediate ruler, and his laws are taken as the
statute-book of the kingdom. Grand Ayatollah Ruhollah Khomeini was the leader of the
revolution and then of the Islamic Republic until his death in 1989.

The Islamic Republic of Iran is headed by a Supreme Leader. Its constitution was approved in
1979 and amended in 1989. Jaafari (Usuli) school of thought is the official religion. Iran is
governed by Sharia law. It is one of the few Muslim countries where hijab for women is required
by law.

Iran has the largest number of Shia Muslims in the world. The constitution recognizes
Zoroastrian, Jewish, and Christian Iranians as religious minorities. Complaints about religious
freedom in Iran revolve around the persecution of the unequal rights of non-Muslim religions,
and the forbidding of conversion from Islam to other religions. Iran is a unitary
Islamic republic with one legislative house. The country’s 1979 constitution put into place a
system of government, in which the executive, parliament, and judiciary are overseen by several
bodies dominated by the clergy. At the head of both the state and oversight institutions is a
ranking cleric known as the Rahbar, or leader, whose duties and authority are those usually
equated with a head of state.

Iran is a constitutional Islamic Republic, whose political system is laid out in the 1979
constitution called Qanun-e Asasi. Supreme Leader Ayatollah Ali Khamenei formally endorsed
Ahmadinejad as President on 3 August 2009, and Ahmadinejad was sworn in for a second term
on 5 August 2009. Iran's Constitution stipulates term limits of two terms for the office of
President.

1
Makdisi, George (April–June 1989), "Scholasticism and Humanism in Classical Islam and the Christian
West", Journal of the American Oriental Society 109 (2): 175–182 [175–77].

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 SYSTEM OF GOVERNMENT
Iran is a constitutional Islamic Republic, whose political system is laid out in the 1979
constitution called Qanun-e Asasi. Iran's makeup has several intricately connected governing
bodies, some of which are democratically elected and some of which operate by co-opting
people based on their religious inclinations. The concept of velayat-e faqih (guardianship of the
jurist) plays an influential role in the governmental structure. It is vital to understanding some of
the inspiration, basis, and institutions such as the position of the Supreme Leader and the Council
of Guardians.

The government is based upon the Constitution that was approved in a national referendum in
December 1979. This republican Constitution replaced the 1906 constitution, which, with its
provisions for a shah to reign as head of state, was the earliest constitution in the Middle East.
Soon after the Revolution, however, on March 30 and 31, 1979, the provisional government of
Mehdi Bazargan asked all Iranians sixteen years of age and older to vote in a national
referendum on the question of whether they approved of abolishing the monarchy and replacing
it with an Islamic republic. Subsequently, the government announced that a 98- percent majority
favored repealing the old constitution and establishing such a republic. On the basis of this
popular mandate, the provisional government prepared a draft constitution drawing upon some of
the articles of the abolished 1906 constitution and the French constitution written under Charles
de Gaulle in 1958. Ironically, the government draft did not allot any special political role to the
clergy or even mention the concept of velayat-e faqih.

Although the provisional government initially had advocated a popularly elected assembly to
complete the Constitution, Khomeini indicted that this task should be undertaken by experts.
Accordingly the electorate was called upon to vote for an Assembly of Experts from a list of
names approved by the government. The draft constitution was submitted to this seventy-three
member assembly, which was dominated by Shia clergy. The Assembly of Experts convened in
August 1979 to write the constitution in final form for approval by popular referendum. The
clerical majority was generally dissatisfied with the essentially secular draft constitution and was
determined to revise it to make it more Islamic. Produced after three months of deliberation, the
final document, which was approved by a two- thirds majority of the Assembly of Experts,
differed completely from the original draft. For example, it contained provisions for
institutionalizing the office of supreme religious jurist, or faqih, and for establishing a theocratic
government.2

The first presidential elections took place in January 1980, and elections for the first Majlis were
held in March and May of 1980. The Council of Guardians, a body that reviews all legislation to
ensure that laws are in conformity with Islamic principles, was appointed during the summer of

2
"A Guide to the Legal System of the Islamic Republic of Iran."
<http://www.nyulawglobal.org/globalex/Iran.html>.

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1980. Presidential elections were held again in 1981 and 1985. The second Majlis was elected in
1984.

The Supreme Leader

According to Iran's Constitution, the Supreme Leader of Iran is responsible for the delineation
and supervision of "the general policies of the Islamic Republic of Iran." In the absence of a
single leader, a council of religious leaders is appointed. The Supreme Leader is commander-in-
chief of the armed forces and controls the Islamic Republic's intelligence and security operations;
he alone can declare war. He has the power to appoint and dismiss the leaders of the judiciary,
and the supreme commander of the Islamic Revolutionary Guard Corps. He also appoints six of
the twelve members of the Council of Guardians. He, or the council of religious leaders, is
elected by the Assembly of Experts, on the basis of their qualifications and the high popular
esteem in which they are held.

The President

After the office of Leadership, the President of Iran is the highest official in the country. His is
the responsibility for implementing the Constitution and acting as the head of the executive,
except in matters directly concerned with (the office of) the Leadership. According to the law, all
presidential candidates must be approved by the Council of Guardians prior to running, after
which he is elected by universal suffrage to a 4-year term by an absolute majority of votes. After
his election, the president appoints and supervises the Council of Ministers (the cabinet),
coordinates government decisions, and selects government policies to be placed before the
parliament. Eight vice presidents serve under the president, as well as a cabinet of 21 ministers.
The Council of Ministers must be confirmed by Parliament. Unlike many other states, the
executive branch in Iran does not control the armed forces.

The Parliament (The Majles)

The unicameral Iranian parliament, the Islamic Consultative Assembly or "Majles-e Shura-ye
Eslami", consists of 290 members elected to a 4-year term. The members are elected by direct
and secret ballot. It drafts legislation, ratifies international treaties, and approves the country's
budget. All legislation from the assembly must be reviewed by the Council of Guardians.
Candidates for a seat in the Majles require approval by the Council of Guardians.3

The Assembly of Experts

The Assembly of Experts, which meets for one week every year, consists of 86 "virtuous and
learned" clerics elected by the public to eight-year terms. Like presidential and parliamentary
elections, the Council of Guardians determines eligibility to run for a seat in this assembly.

3
ibid.

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Members of the Assembly of Experts in turn elect the Supreme Leader. The assembly has never
been known to challenge any of the Supreme Leader's decisions, although according to the
Iranian constitution it has the authority to remove the supreme leader from power at any time.

The Council of Guardians

Twelve jurists comprise the Council of Guardians, six of whom are appointed by the Supreme
Leader. The head of the judiciary recommends the remaining six, which are officially appointed
by Parliament.

The Council of Guardians is vested with the authority to interpret the constitution and determines
if the laws passed by Parliament are in line with sharia (Islamic law). Hence the council can
exercise veto power over Parliament. If a law passed by Parliament is deemed incompatible with
the constitution or sharia, it is referred back to Parliament for revision.

The Expediency Council

Created by Ayatollah Khomeini in 1988, the Expediency Council has the authority to mediate
disputes between Parliament and the Council of Guardians. Presently, according to the
constitution, the Expediency Council serves as an advisory body to the Supreme Leader, making
it one of the most powerful governing bodies in the country, at least in name. The council also
examines presidential and parliamentary candidates to determine their fitness to run for a seat.

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 CONSTITUTIONAL BACKGROUND
The former monarchy and the Constitution of 1906 were abolished by the revolution of February
1979. The 1979 Constitution dates 24 Oct 1979 and is in force since 3 Dec 1979. Significant
amendments were adopted on 28 July 1989.

The 270-member Majlis (Islamic Consultative Assembly) can initiate laws, but is subject to a
number of restrictions and needs the support of at least fifteen members. The Majlis can hinder
the President's policy, veto cabinet appointments, and even impeach ministers. Its speaker is
powerful due to his seat on all of the main councils of state.
The Preamble is very long, containing a history of the revolution, a description of the new state,
and quotes of Koranic verses. The Preamble states that Economy is a Means, Not an End. It also
asserts that the home centered role of Women in Islam is actually, liberation, assigning women
special rights. Iran places no belief in Government Control.4
Iran has an official religion, some recognized religious minorities, and acknowledges rights of
non-Muslims. Iran grants a right to work, extensive welfare rights, and a right to fruits of
business. The Constitution requires that the taking of foreign aid be approved by the Parliament.
Concessions for foreign businesses are forbidden. The Constitution acknowledges committee
legislation and features a religious leader as well as a Head of Judiciary.

4
“The Constitution of Islamic Republic of Iran”, Iran Chamber Society.
<http://www.iranchamber.com/government/laws/constitution.php>.

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 JUDICIAL SYSTEM
The head of the Judiciary is appointed by the Supreme Leader, who in turn appoints the head of
the Supreme Court and the chief public prosecutor. Public courts deal with civil and criminal
cases. "Revolutionary" courts try certain categories of offenses, including crimes against national
security, narcotics smuggling, and acts that undermine the Islamic Republic. Decisions rendered
in revolutionary courts are final and cannot be appealed.

The Special Clerical Court handles crimes allegedly committed by clerics, although it has also
taken on cases involving lay people. The rulings of the Special Clerical Court, which functions
independently of the regular judicial framework and is accountable only to the Supreme Leader,
are also final and cannot be appealed.

Article 156 of the Constitution provides for an independent judiciary. According to Articles 157
and 158, the highest judicial office is the High Council of Justice, which consists of five
members who serve five-year, renewable terms. The High Council of Justice consists of the chief
justice of the Supreme Court and the attorney general (also seen as State Prosecutor General),
both of whom must be Shia mujtahids (members of the clergy whose demonstrated erudition in
religious law has earned them the privilege of interpreting laws), and three other clergy chosen
by religious jurists. The responsibilities of the High Council of Justice include establishing
appropriate departments within the Ministry of Justice to deal with civil and criminal offenses,
preparing draft bills related to the judiciary, and supervising the appointment of judges. Article
160 also stipulates that the minister of justice is to be chosen by the prime minister from among
candidates who have been recommended by the High Council of Justice. The minister of justice
is responsible for all courts throughout the country.

Article 161 provides for the Supreme Court, whose composition is based upon laws drafted by
the High Council of Justice. The Supreme Court is an appellate court that reviews decisions of
the lower courts to ensure their conformity with the laws of the country and to ensure uniformity
in judicial policy. Article 162 stipulates that the chief justice of the Supreme Court must be a
mujtahid with expertise in judicial matters. The faqih, in consultation with the justices of the
Supreme Court, appoints the chief justice for a term of five years.

In 1980 Ayatollah Mohammad Beheshti was appointed by Khomeini as the first chief justice.
Beheshti established judicial committees that were charged with drafting new civil and criminal
codes derived from Shia Islamic laws. One of the most significant new codes was the Law of
Qisas, which was submitted to and passed by the Majlis in 1982, one year after Beheshti's death
in a bomb explosion. The Law of Qisas provided that in cases of victims of violent crime,
families could demand retribution, up to and including death. Other laws established penalties
for various moral offenses, such as consumption of alcohol, failure to observe hejab, adultery,
prostitution, and illicit sexual relations. Punishments prescribed in these laws included public
amputations, and execution by stoning for adulterers.

The attorney general, like the chief justice, must be a mujtahid and is appointed to office for a
five-year term by the faqih (Article 162). The judges of all the courts must be knowledgeable in
Shia jurisprudence; they must meet other qualifications determined by rules established by the

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High Council of Justice. Since there were insufficient numbers of qualified senior clergy to fill
the judicial positions in the country, some former civil court judges who demonstrated their
expertise in Islamic law and were willing to undergo religious training were permitted to retain
their posts. In practice, however, the Islamization of the judiciary forced half of the former civil
court judges out of their positions. To emphasize the independence of judges from the
government, Article 170 stipulates that they are "duty bound to refrain from executing
governmental decisions that are contrary to Islamic laws."5

5
"A Guide to the Legal System of the Islamic Republic of Iran."
<http://www.nyulawglobal.org/globalex/Iran.html>.

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 COURT SYSTEM
Iran’s legal system has many layers of courts. The constitution calls for civil and criminal courts,
as well as military courts. Prosecutions originate in lower courts and can be appealed to higher
courts. The Supreme Court reviews cases of capital offenses and rules on death sentences. It is
also tasked with ensuring proper implementation of the laws and uniformity of judicial
proceedings.

The courts are functionally classified according to their area of jurisdiction, civil or criminal, and
according to the seriousness of the crime or the litigation, e.g., value of property under dispute or
the level of punitive action involved. There are four civil courts: first level civil courts, second
level civil courts, independent civil courts, and special civil courts. The Special Civil Courts
attend to matters related to family laws and have jurisdiction over divorce and child custody.
Criminal courts fall into two categories: first and second level criminal courts. The first level
courts have jurisdiction over prosecution for felony charges, while the second level courts try
cases that involve lighter punitive action.

In addition to the regular courts, which hear criminal and civil suits, the judiciary encompasses
clerical tribunals, revolutionary tribunals, and the Court of Administrative justice. Clerical courts
are entrusted with the task of trying and punishing misdeeds by the clergy. The judiciary has no
authority to monitor, oversee or interfere in the affairs of the Special Courts for the Clergy. They
have never been incorporated into the constitutional clauses defining the role and structure of the
Judiciary. Legal experts critical of these tribunals have repeatedly challenged their legal
standing. The Special Court for the Clergy has also been used as a political tool against clerics
who urge reforms, criticize the regime or challenge the role of the supreme leader.

The Constitution also requires the establishment of a Supreme Court with the task of supervising
the implementation of laws by the courts and ensuring uniformity in judicial procedures. The
head of the judiciary, in consultation with the judges of the Supreme Court, nominates the Chief
of the Supreme Court and the Attorney-General who, among other qualifications, must be
specialists in Islamic Law.

CRIMINAL COURT SYSTEM6

The Constitution of 1979 delegates the administration of justice in Iran to the Ministry of Justice.
The specific organs within the Ministry of Justice which deal with criminal matters are explained
below.

Supreme Judicial Council

This is the highest ranking judicial body in the Islamic Republic. The Council's status as the
country's supreme body of judicial authority was later confirmed by Article 157 of the 1979

6
Entessar, Nader. "Criminal Law and the Legal System in Revolutionary Iran." Boston College Third World Law
Journal 8.1.<http://www.lawdigitalcommons.bc.edu>.

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Constitution. The Supreme Judicial Council has the ultimate authority over the appointment,
promotion, suspension, and dismissal of all judges in Iran. Furthermore, all five members of the
Supreme Judicial Council by law must be mujtahids (learned scholars of the Islamic law).
Members of the Supreme Judicial Council serve a five year renewable term. Three members of
the Council are elected by sitting judges of various Islamic courts. The other two Council
members are ex-officio members who have been appointed to their post by Ayatollah Khomeini.
They are the Chief Justice of the Supreme Court and the General Prosecutor.

The Court of Cassation or the Supreme Court

The Court of Cassation is the highest court in the country. According to Article 161 of the
Islamic Republic's Constitution, the Supreme Judicial Council determines the laws under which
the Court of Cassation will operate. The Court, in turn, is responsible for supervising the proper
application of laws in lower courts and for creating unity in judicial policy of the country. The
President of the Court must be a mujtahid and is appointed to his post for a period of five years
by the Leadership (i.e. velayat-e faqih).

Public Courts

the Public Courts are divided into two sub-categories:

(l) First Class Criminal Courts,

and (2) Second Class Criminal Courts.

The Second Class Criminal Courts have jurisdiction over minor crimes, such as beggary, failure
to obey the rules and regulations of the police, municipal officials, and the like.

SPECIAL CRIMINAL COURTS

Clerical courts are entrusted with the task of trying and punishing misdeeds by the clergy. The
judiciary has no authority to monitor, oversee or interfere in the affairs of the Special Courts for
the Clergy. The Supreme Court, being part of the judiciary, has no jurisdiction to review cases of
the Special Court for the Clergy. Instead, appeals are heard by another chamber of the clerical
court. Revolutionary tribunals are charged with the responsibility of hearing and trying charges
of terrorism and offences against national security. Disputes over jurisdiction between the
Revolutionary Courts and Iranian Penal Courts are resolved by the Iranian Supreme Court. To
date, according to the Lawyers Committee for Human Rights, "it appears that there is a tendency
to extend the jurisdiction of the Revolutionary Courts to all offenses which in the opinion of the
authorities are not punished severely enough."

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CIVIL COURT SYSTEM7

Assessment and adjudication of commercial and legal disputes rests with the Public Courts
which have general jurisdiction. Public Courts are classified into family, civil and criminal
courts. The Public Courts were established under the law concerning Establishment of Public and
Revolutionary Courts, which was approved in 2000. Hearings at the Public Courts are convened
with the presence of a chief judge or alternate judge, who conducts the stages of hearings and
ensure that the relating judgment is in consonance with the Civil Procedure Code.

Appeals and reviews of judgments made by the Public Court should be submitted to the Court of
Appeal. The Court of Appeal comprises a chief judge and two associate justices. Awards made
by the Court of Appeal are final and enforceable. In some instances the judgments of the Court
of Appeal and Public Courts could be appealed in the Supreme Court.

The Public Court’s awards are subject to appeal in the following instances:

a) Financial disputes with claims which amount to more than 3 million Rials.

b) All judgments concerning non-financial claims.

The judgments of the Court of Appeal and in some cases, Public Courts, may be examined and
reviewed by the Supreme Court in the following instances:

a) Awards made by Public Courts which, due to failure of the parties to lodge appeal have
become final, and the amount of claim is over twenty million Rials.

b) Awards relating to consummation of marriage, its annulment and divorce or other matters
concerning non-contentious issues.

c) Awards rendered by the Courts of Appeal concerning marriage, its annulment, divorce, etc.
Any party to the dispute, his lawyer or legal representative has the right to request the Court of
Appeal or Supreme Court to review the case. The Supreme Court will re-examine the case to
determine whether the award issued by the lower court complies with the religious and legal
principles.

Some branches of the Public Court (the Court of First Instance) have been designated as special
branches to deal with the following matters:

a) Commercial claims.

b) Claims concerning registration of intellectual property.

c) International disputes.

7
Kamali, Mohammed Hashim. ‘Shariah and Civil Law: Towards a Methodology of Harmonization’.Islamic Law
and Society.14(3):2007.p 391-420 < http://www.jstor.org/stable/40377946>.

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d) Family disputes.

Disputes concerning employment relations are governed by the Iranian Labour Law. There are
special tribunals in the labour department with the power to adjudicate employment disputes.
The verdicts delivered by the Labour Tribunal are subject to appeal. Appeals to the final verdict
of the labour tribunal and generally complaints against administrative decisions made by the
government organizations should be submitted to the Courts of Administrative Justice, which has
the power to revoke them.

The Court of Administrative Justice under the supervision of the head of the judicial branch is
authorized to investigate any complaints or objections by people with respect to government
officials, organs, and statues.

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 LAWS OF IRAN
Sources of Law
With the victory of the Iranian Revolution in 1979 the Iranian Constitution of 1906-1907 was
replaced by a new Constitution in which Shiaism was declared as the sole source of law in the
country. Shia Islam, in addition to relying on the Quran, takes into accounts the views and
instructions of the Imams to formulate and codify its legal system. The Quran is the most
important source of law for all Muslims. The Quran, which was recorded by the Prophet's
companions shortly after his death in 632 A.D., is regarded by Muslims as the actual revelation
of God to the Prophet Mohammad and its legal rules are to be followed in absolute terms.

The hadith, or tradition, refers to the statements, deeds and sayings of the Prophet and the Imams
which have been collected and codified by people who were close to them and are viewed by the
ulema as reliable sources. The hadith collections, along with the Quran, constitute the most
important sources of the Shi'a legal system. The third source of Shi'a law is ijma', which refers to
the means by which the opinions of the Imams can be discovered. Specifically, ijma' refers to the
consensus or unanimity of the views of Shi'a scholars who lived during the time of the Imams.
Since several of the prominent Shi'a scholars were close companions of the Imams, the Shi'a
doctrine places heavy emphasis on the opinions of these early Islamicists. The fourth source of
Shi'a law is 'aql, or reasoning. By 'aql it is meant "categorical judgments drawn from both pure
and practical reason. It is important to note, however, that both ijma' and 'aql are considered by
some Shi'a legists as secondary sources of law. For them, the Quran and hadith remain the
indisputable sources of Shi'a law, and indeed they have become the pillars of the post-
revolutionary Iranian legal system.

The shari'a is considered the supreme law over everybody, and the government "cannot change
the law to suit the ever-changing socio-economic climate." This is especially true in the area of
criminal law, where punishment for certain categories of crime is non-negotiable. Also, the
supremacy and permanency of all Islamic laws connotes an important principle of the Islamic
government: legislative and judicial organs of the state should not originate any laws. Their
purpose is simply to codify and apply the shari'a. This implies that in cases of conflict between
societal changes and the requirements of the Islamic law, the law is not to be interpreted in such
a way as to meet such societal changes. Rather, it is the society that needs to adapt itself to the
requirements of God's Will as contained in the shari'a. As Joseph Schacht has observed, the rules
of the shari'a become valid "by virtue of their existence and not [necessarily] because of their
rationality."8 The concept of criminal law in Islam differs from the Western notion of the law,
not just because it is religiously derived but because in many instances the subject of law is not
the person but his family. For example, murder is viewed not as an offense against the society

8
Entessar, Nader. "Criminal Law and the Legal System in Revolutionary Iran." Boston College Third World Law
Journal 8.1.<http://www.lawdigitalcommons.bc.edu>.

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but as a crime against the victim's family. The punishment for murder, therefore, is designed to
not only deter crime but also to "compensate" the family of the victim.

In general, the Islamic Republic's penal code has divided crimes into the four categories of
hudud, qisas, ta'zir, and diyat based on the type of punishment for each category of offense.

Hudud crimes are acts prohibited by God and punishable by mandatory penalties defined by the
Quran. Although Islamic jurists differ on the precise nature of hudud crimes, the Iranian penal
code considers the following as hudud offenses: theft, robbery, adultery, apostasy, drinking of
alcoholic beverages, and rebellion against Islam as interpreted and defined by the religious
authorities and legists in Iran.

Qisas crimes include murder, manslaughter, battery and mutilation. The Islamic law regards such
offenses as acts against the victim and his family and allows for "inflicting on a culprit an injury
exactly equal to the injury he inflicted on his victim."

Ta'zir offenses are those for which no specific penalties are mentioned in the Quran or hadith.
Therefore, the punishment of ta'zir is left to the discretion of the Islamic judge, who should take
the public interest and changing requirements of the time to meet out an appropriate punishment.
However, the judge's discretionary power is not boundless.

Diyat punishment is not strictly a separate category of punishment under the Islamic law. It
refers to a form of compensation, or blood money, which is to be paid to the victim or his family
as compensation for an injury or murder.

Laws for Women9

Limitations on the lives of women are legalized in laws prohibiting women from the presidency,
leadership, judgeship and certain educational fields, as well as by inheritance laws. Firmly rooted
in the principle of vali-e-faqih, Iran’s constitution controls both the public and private lives and
role of women. The concept of male surrogate and guardianship of females is one of the main
pillars of Islamic Fundamentalism in Iran. Iranian women are not free to choose or control
various aspects of their lives. Evidence of such state-sponsor of violence against women is seen
in Iran’s constitution.

Article 18 of passport law, married women requires their husband's permission to apply for a
passport.

Article 102 of Iran’s Constitution indicates: "Women who appear on streets and in public
without the prescribed ‘Islamic Hejab’ will be condemned to 74 strokes of the lash.”

9
“Official Laws Against Women In Iran”.<http://www.wfafi.org/laws.pdf> .

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Article 300 of the Penal code states that the "Deyeh" of a Muslim woman is half of the "Deyeh"
of a Muslim man. By law the life of a woman has half the value of a man in Islamic criminal law
in Iran.

Article 105 of the Civil Code "In the relationship between a man and a woman, the man is
responsible as head of the family." The Council of Guardians, has decreed, "A woman cannot
leave her home without her husband's permission, even to attend her father's funeral".

Article 1117 of the Civil Code states: the husband may ban his wife from any technical
profession that conflicts with family life or her character.

Article 1133 of the Civil Code states: A man can divorce his wife whenever he so chooses and
does not have to give her advance notice.

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 CONCLUSION
Suggestions for improving the legal system

1. The judicial should be transparent: even if the law is transparent it is important that the
judiciary is transparent and accessible to the people. A single law can have many
interpretations and the judge can have its own. Thus the judgment should be based on
equity, justice and good conscience and not majorly on religious basis. Also in cases
where the judiciary wants to get involved, there must be a legal justification for it to do
so.
2. There should be transparency in the prosecution of political and security crimes, lacking
which many journalists and Iranian activists have been put behind the bars. There should
be a clear distinction laid down between political and security crimes.10
3. Iran’s Penal Code is a form of Sharia Law resulting in a code which is harsh and severe.
Punishments such as public hanging and stoning need to be used in as rarest of rare cases
and ultimately replaced by better and socially acceptable practices.
4. The system also needs to look into its domestic laws which are harsh and directed
towards women and children specially.
 Repealing all penal provisions which facilitate, sanction or condone violence
against women.
 Exercising due diligence to prevent, investigate and punish men who murder their
wives or other female relatives on suspicion of adultery or other so-called ‘honour
crimes’.
 Adopting and implementing efficient policies aimed at eliminating gender-based
violence and guaranteeing for victims access to justice and rehabilitation.

10
Wilkin, Sam. "Iran's Rouhani Wants to Make the Country's Legal System Transparent." 28 June
2015.<http://www.businessinsider.com/>.

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 BIBLIOGRAPHY
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