They are encouraging young people to fight against Sharia in respective countries. The principal sources of sharia law are the Quran and Sunnah (practices and traditions of the Prophet Mohammad (pbuh)). [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. [10] The Retribution Law (Qisas) of 1982 replaced sections of the Public Punishment Law (1924).[11]. The theocrats moved swiftly to overhaul the legal system to incorporate Islamic Sharia law. In the end, there is hardly any chance of human rights development in the Islamic country in future. [3] There was also no appeal in traditional Islamic law. Concessions for foreign businesses are forbidden. Sharia is a religious law forming part of the Islamic tradition. [5], Reza Shah represented his legal reforms as "tentative experiments" and allowed the religious judges to keep their courts for matters such as inheritance. 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]. The 1979 revolution erased six decades of modernization of Iran’s judicial system. In Iran, the executions are conducted as per Sharia Law. We have previously discussed the brutality of Islamic nations enforcing medieval Sharia law. The Iranian authorities have sealed shut 147 shops and arrested three people in several provinces across the country for “not following Sharia law” during the Islamic holy month of Ramadan. While other legal codes regulate public behavior, Sharia regulates public behavior, private behavior, and even private beliefs. Criminal and civil codes were modified; family laws that cover marriage, divorce, child custody and many women’s rights faced the biggest changes. "Thirteen centuries of Islamic—more particularly Shiah—tradition" called for jurists to base decisions on their legal training as it applied to the situation being judged. Watch later. She encouraged other women to share the photographs of their secret movements of freedom. Sharia Laws Enforced. If they push Iran in this direction, it won’t be the fault of Iran, but the fault of those who have pushed Iran. Article 6 - The laws relating to personal status, such as marriage, divorce, capacity and inheritance, shall he observed by … Iran. Sharia is extremely specific in some places (such as instructions on washing one's anus). There are two secondary sources of sharia law known as Ijma’a (consensus of Muslim scholars) and Qiyas (reasoning by legal analogy). The 28-year-old man, identified only as Saman, is due to be blinded after 'accidentally blinding another man with a metal rod' Between 1979 and 1982, the entire pre-Revolutionary judiciary was purged, and their duties replaced by "Revolutionary Tribunals" set up in every town. [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. Sharia law is a religious law forming part of the Islamic tradition. 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. In 1979 the secular, westernizing Pahlavi Dynasty was overthrown and replaced by an Islamic Republic under the rule of Ayatollah Khomeini. She started social media movement #MyStealthyFreedom. Implementation of Sharia in Middle East countries. As European military and technological power began to be felt in 19th century Iran, Westerners insisted on special treatment in Iranian courts. This type of public moral authority is not restricted to Iran but is endemic across the Middle East North Africa region. It operated as an independent civil society organisation for the next twenty-seven years, until it was closed in 1980 by the revolutionary government and its ranks and files were purged. Bodies of Islamic scholars ( fiqh ) thus extend the law via fatwas , in which the permissibility of a matter is formally determined by applying the spirit of existing law. 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. 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). 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. [10] Many people were executed or given harsh punishments for both political and criminal acts. 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. [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. Iran has aspects of shariah but is not totally governed by it. Iran to gouge out man's eye under literal interpretation of Sharia law. 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. At least 13 people were hanged in public and at least seven people were sentenced to death for crimes they committed before turning 18, according to the same report. Frequently, Shiite Islamic preachers and leaders can be heard stating that Islam recognized “People of the Book,” which refers to Christians and Jews. Also, recent news on 4th Nov, in Radiofarda, Iran chief Justice dismisses Human Rights Criticism. Sharia, or Islamic law, influences the legal code in most Muslim countries. Sharia law, translated into “the path”, is the code of conduct for religious law in Islam. 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." Major events marking the judicial history of Iran during the modern era include the Constitutional Revolution of 1906, which gave the country its first Constitution and Bill of Rights, the fall of the Qajars and the rise of the Pahlavi Dynasty in the 1920s, when accession to a modern judicial organisation became one of Iran's greatest challenges, and the Islamic Revolution. "[1] Women judges were also removed[9] (although they could still be lawyers, or after 1997, secondary judges in civil cases). There are many protests called which opposes such inhuman laws in Iran. Such judicial orders are the major challenge before the Human Right activists and modernists in Iran and this surely is the same situation in other Islamic countries. Date 3 Dec 2019. Up Next. There are many articles in its Constitution where this can be demonstrated. The new regime entrusted their management "to a supervisory council of three clerics".[12]. Islamic law, or Sharia, is a matter of reading - as even the experience of Iran's Islamic republic shows. 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. 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 . There are 90 children on death row in Iran (Image: GETTY) Trending https://www.foxnews.com/world/iran-islamic-law-strict-severe-inhuman-punishment, https://www.foxnews.com/world/iran-cuts-prisoners-fingers-off-theft, https://www.foxnews.com/world/iran-hangs-man-on-anti-gay-charge-as-europe-turns-blind-eye-to-human-rights-abuses-and-tries-to-circumvent-us-sanctions, https://www.bbc.com/news/world-middle-east-44040236, http://worldpopulationreview.com/countries/sharia-law-countries/, https://www.theguardian.com/world/2013/sep/26/iran-lawmakers-men-wed-adopted-daughters, https://en.radiofarda.com/a/iran-s-chief-justice-dismisses-human-rights-criticism-upholds-sharia/30252793.html, Iran Mahmoud Ahmadinejad Saeed Kamali Dehghan. Iran is a country in the Middle East that is located northwest of the Arabian Peninsula and is the western neighbor to Iraq. 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. The Shahs had installed a dual court structure. Shariah law champions absolute freedom of conscience and freedom of religion. 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. Death threats are a daily occurrence for Masih. If playback doesn't begin shortly, try restarting your device. It is derived from both the Koran, Islam's central text, and fatwas - the rulings of Islamic scholars. Only westerners think like that. 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. Several countries use Sharia law in full or in part. 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. 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. In 1936, however, the new system was made permanent and the religious courts were abolished. Yes, because they don't fully implement Sharia. By April 1927 Iran had 600 newly appointed judges in Tehran. 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". 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. Judges cannot be dismissed without a trial. Info. The laws must be consistent with Sharia. “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 … Copy link. There are other offences considered punishable by death include same-sex relations and insulting the Prophet Muhammad. In Iran, laws are created by the Islamic Consultative Assembly, also known as the Parliament of Iran (Majlis). In 1991–1994, Iran combined all of these laws into the unified "Islamic Penal Code" which consisted of five "Books". The Islamic Republic uses the Shia based Jaafari school of Islamic jurisprudence. According to Iran International, the… Sharia law countries are not secular countries. “Iran’s rival Saudi Arabia also implements such medieval punishments.” Yes, because they both implement Sharia. [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. She lived in the US since 2009 but Her parents are forbidden from leaving the country and her father has stopped speaking to her. Saudi Arabia, Sudan, and even the relatively progressive and Western-oriented Moroccan monarchy have police forces tasked with enforcing morality laws and dress codes. 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. Iran has an official religion, some recognized religious minorities, and acknowledges rights of non-Muslims. In between the village mullah and the jurisconsult there were mullahs with courts which, while sometimes sanctioned by the royal government, depended for their power on the prestige of the presiding mullah judge as much or more than on the government's sanction[2]. 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. Davar subsequently attempted to expand the new system into other cities of Iran through a programme involving training of 250 judges. The IBA was founded in 1915 and organised under the supervision of the judicial system until 1953, when it was granted legal personality. 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). As far as the judicial system is concerned, the changes were quite minor until the end of the nineteenth century. Sharia Law in Iran. Criminal and civil codes were modified; family laws that cover marriage, divorce, child custody and many women’s rights faced the biggest changes. Traditional theory of Islamic jurisprudence recognizes four sources of sharia: the Quran, sunnah (authentic hadith), qiyas (analogical reasoning), and ijma (juridical consensus). The kingdom uses Sharia law and does not have a written penal code or code of criminal procedure and judicial procedure. Masih Alinejad. “Since the 1979 Revolution, the IBA has been struggling to maintain its independence from the judiciary. By Pooya Stone. The Constitution requires that the taking of foreign aid be approved by the Parliament. [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. Sharia law. 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). 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." [3], Iranians in general opposed these capitulations, and secular Iranians such as Mohammed Mossadeq, wanted to establish a fixed written law they believed would not only end the capitulations but facilitate the building of a strong and unified state. 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. […] This group, whose membership in 2014 was estimated to exceed 20,000, is officially known as the Legal Advisors of the Judiciary.” [7]. The Supreme Audit Court of Iran regulates banking and financial operations and interest (riba) is forbidden. In Iran, the executions are conducted as per Sharia Law. [1], According to one scholar, the administration of justice in Islamic Iran has been until recent times. Iran practices classical Sharia Law, and is also called the Islamic Republic of Iran. Sharia law provides a holistic set of rules governing all aspects of life. Before and After Sharia Law: A Cautionary Tale. However, there were still sharia courts that ruled on issues of family and inheritance up to the Islamic Revolution (working alongside secular ones). Sharia, or Islamic law, influences the legal code in most Muslim countries. 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. “Most modern Islamic countries, however, have justice systems compatible with international human rights law.” Yes, because they don’t fully implement Sharia. The 1979 revolution erased six decades of modernization of Iran’s judicial system. A brief account of the shifts of power in Iran during the 20 th century helps to explain the modern legal system, which is technically predicated on Islamic law, or Sharia, but does maintain some aspects of civil law that do not coincide perfectly with Sharia. Iran's makeup has several intricately connected governing bodies, some of which are democratically elected and some of which operate by … Share. The rise of globalization and the democratization of communications and social media platforms mean the Islamic Republic must take a firm stance against free speech and assembly.
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