iran sharia law

There are other offences considered punishable by death include same-sex relations and insulting the Prophet Muhammad. Iran is a Muslim country in which Islamic law is strictly enforced. “Most modern Islamic countries, however, have justice systems compatible with international human rights law.” Yes, because they don’t fully implement Sharia. The kingdom uses Sharia law and does not have a written penal code or code of criminal procedure and judicial procedure. 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. She has more than 2.5 million followers. Info. In Iran, laws are created by the Islamic Consultative Assembly, also known as the Parliament of Iran (Majlis). [3] There was also no appeal in traditional Islamic law. They are encouraging young people to fight against Sharia in respective countries. Shopping. The Islamic Republic uses the Shia based Jaafari school of Islamic jurisprudence. Iran has an official religion, some recognized religious minorities, and acknowledges rights of non-Muslims. "Most modern Islamic countries, however, have justice systems compatible with international human rights law." [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. It is not a list of rules and regulations but instead principles that guide the various aspects of life. 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 The Constitution requires that the taking of foreign aid be approved by the Parliament. Judges cannot be dismissed without a trial. 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. 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”. The legal system of modern day Iran has undergone several transformations over the course of the last two centuries. The 28-year-old man, identified only as Saman, is due to be blinded after 'accidentally blinding another man with a metal rod' A "court' has ordered the amputation of the fingers of three teenagers found guilty of theft. [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. 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. 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. There are 90 children on death row in Iran (Image: GETTY) Trending 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 . Yes, because they both implement Sharia. 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. [5], Reza Shah represented his legal reforms as "tentative experiments" and allowed the religious judges to keep their courts for matters such as inheritance. 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. 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 … Masih Alinejad protesting against the compulsory wearing of the hijab, or headscarf, in Iran. [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. Masih Alinejad. There were no appeals either, and trials often lasted minutes in an un-orthodox "court". Traditional theory of Islamic jurisprudence recognizes four sources of sharia: the Quran, sunnah (authentic hadith), qiyas (analogical reasoning), and ijma (juridical consensus). Sharia law provides a holistic set of rules governing all aspects of life. The 1979 revolution erased six decades of modernization of Iran’s judicial system. The laws must be consistent with Sharia. “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. The new regime entrusted their management "to a supervisory council of three clerics".[12]. [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. Sharia is extremely specific in some places (such as instructions on washing one's anus). A thief’s hand was cut off in Mazandaran province. “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. [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. Christians in Iran Sentenced to Death Under Sharia Law. Also, recent news on 4th Nov, in Radiofarda, Iran chief Justice dismisses Human Rights Criticism. 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. [10] Many people were executed or given harsh punishments for both political and criminal acts. Iran to gouge out man's eye under literal interpretation of Sharia law. Protesters were met with mass arrests and live ammunition. The theocrats moved swiftly to overhaul the legal system to incorporate Islamic Sharia law. By Pooya Stone. These shops were shut down in the south-western province of Dezful, the northern province of Gilan, and the western province of Lorestan, according to state-run media. [10] The Retribution Law (Qisas) of 1982 replaced sections of the Public Punishment Law (1924).[11]. 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 … Criminal and civil codes were modified; family laws that cover marriage, divorce, child custody and many women’s rights faced the biggest changes. Under the Shah prisons had been administered separately by SAVAK, the urban police, and the gendarmerie. Concessions for foreign businesses are forbidden. In the end, there is hardly any chance of human rights development in the Islamic country in future. 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. Tap to unmute. Iran's prison system was "centralized and drastically expanded" by the Islamic Republic. “Iran’s rival Saudi Arabia also implements such medieval punishments.” Yes, because they both implement Sharia. 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). Sharia law is a set of principles derived from the words of Prophet Muhammad (Hadith), his actions (Sunnah), and the Quran. She encouraged other women to share the photographs of their secret movements of freedom. "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. Several countries use Sharia law in full or in part. The principal sources of sharia law are the Quran and Sunnah (practices and traditions of the Prophet Mohammad (pbuh)). Sharia law, translated into “the path”, is the code of conduct for religious law in Islam. 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. Sharia Laws Enforced. Those nations are: Afghanistan; Egypt; Indonesia; Iran; Iraq; Malaysia; Maldives; Mauritania; Nigeria; Pakistan Iran is a constitutional Islamic Republic, whose political system is laid out in the 1979 constitution called Qanun-e Asasi, Basic Law. The Shahs had installed a dual court structure. She developed a strong feeling of injustice towards women in her Islamic culture. While other legal codes regulate public behavior, Sharia regulates public behavior, private behavior, and even private beliefs. 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 Supreme Audit Court of Iran regulates banking and financial operations and interest (riba) is forbidden. Iran's makeup has several intricately connected governing bodies, some of which are democratically elected and some of which operate by … 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. According to Iran’s Sharia law, if a father kills his child, he will receive a maximum sentence between 3-10 years in prison. Copy link. Iran has given the world another shocking addition to the long list of beheadings, floggings, and other forms of Islamic punishment. Article 1 states Iran is a republic which is a non Islamic form of government. In 1982, in response to military coup threats, a separate "Military Revolutionary Court" was formed, handling military cases. “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 … As European military and technological power began to be felt in 19th century Iran, Westerners insisted on special treatment in Iranian courts. Share. In 1936, however, the new system was made permanent and the religious courts were abolished. 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). Frequently, Shiite Islamic preachers and leaders can be heard stating that Islam recognized “People of the Book,” which refers to Christians and Jews. 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. Between 1979 and 1982, the entire pre-Revolutionary judiciary was purged, and their duties replaced by "Revolutionary Tribunals" set up in every town. 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." Compared to other legal codes, the Sharia law also prioritizes punishment over rehabilitation and favors corporal and capital punishments over incarceration. 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). These tribunals ruled on "Islamic law", but were in practice unfair, biased, and the judges were inexperienced and often incompetent. If playback doesn't begin shortly, try restarting your device. Sharia is a religious law forming part of the Islamic tradition. This type of public moral authority is not restricted to Iran but is endemic across the Middle East North Africa region. 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. Sharia law is Islam's legal system. There are many protests called which opposes such inhuman laws in Iran. 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. Watch later. Davar subsequently attempted to expand the new system into other cities of Iran through a programme involving training of 250 judges. Iran followed the traditional Islamic practice of each judge giving his own interpretation of Islamic law for a given litigation, with no right of appeal. The theocrats moved swiftly to overhaul the legal system to incorporate Islamic Sharia law. "Iran’s rival Saudi Arabia also implements such medieval punishments." [1], According to one scholar, the administration of justice in Islamic Iran has been until recent times. As a legal system, the Sharia law is exceptionally broad. In 1991–1994, Iran combined all of these laws into the unified "Islamic Penal Code" which consisted of five "Books". However, it does not often address the many routines and nuances of modern life. Sharia law countries are not secular countries. Saudi Arabia, Sudan, and even the relatively progressive and Western-oriented Moroccan monarchy have police forces tasked with enforcing morality laws and dress codes. Death threats are a daily occurrence for Masih. 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. Introduction. Iran is a country in the Middle East that is located northwest of the Arabian Peninsula and is the western neighbor to Iraq. 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. Sharia, or Islamic law, influences the legal code in most Muslim countries. According to Iran International, the… 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. 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. If they push Iran in this direction, it won’t be the fault of Iran, but the fault of those who have pushed Iran. 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. Iran. "[1] Women judges were also removed[9] (although they could still be lawyers, or after 1997, secondary judges in civil cases). As far as the judicial system is concerned, the changes were quite minor until the end of the nineteenth century. A man’s eye has been gouged out in Iran in a literal application of the country’s “eye for an eye” interpretation of Sharia law. October 15, 2018. iran. After the 1979 overthrow of the Pahlavi dynasty by the Islamic Revolution, the system was greatly altered. [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. 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. 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. But they are not silent, they still fighting with such inhuman Islamic laws via social media. The recent global day against the imminent stoning of Sakine Mohammadi-Ashtiani in Iran for adultery is an example of the outrage sparked by the brutality associated with sharia law's penal code. [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. However, there were still sharia courts that ruled on issues of family and inheritance up to the Islamic Revolution (working alongside secular ones). 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. 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. It is composed of the teachings of the Qur’an, the Muslim holy book, and the teaching of the prophet Muhammad, in the Sunnah. Only westerners think like that. 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). Because Islamic Law “Sharia” is the same for all Muslims and Non-Muslims, so people of Islamic countries facing the same issues in their countries. Iran has aspects of shariah but is not totally governed by it. 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]. Until the Constitutional Revolution, the source of law in Iran was the sharia as interpreted by the senior clerics. In Iran, the executions are conducted as per Sharia Law. Islamic law, or Sharia, is a matter of reading - as even the experience of Iran's Islamic republic shows. 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. 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). In Iran, the executions are conducted as per Sharia Law. Sharia law. 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. 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". 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.

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