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. Sharia law countries are not secular countries. As a legal system, the Sharia law is exceptionally broad. Iran is a constitutional Islamic Republic, whose political system is laid out in the 1979 constitution called Qanun-e Asasi, Basic Law. 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. Only westerners think like that. Sharia law is Islam's legal system. 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. In 1982, the regular court system was reinstated, but with the judges now trained in Islamic law. 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. 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. 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). There are two secondary sources of sharia law known as Ijma’a (consensus of Muslim scholars) and Qiyas (reasoning by legal analogy). If they push Iran in this direction, it won’t be the fault of Iran, but the fault of those who have pushed Iran. 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. 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. Sharia law is a religious law forming part of the Islamic tradition. Criminal and civil codes were modified; family laws that cover marriage, divorce, child custody and many women’s rights faced the biggest changes. 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]. By Pooya Stone. If playback doesn't begin shortly, try restarting your device. Iran's makeup has several intricately connected governing bodies, some of which are democratically elected and some of which operate by … Concessions for foreign businesses are forbidden. 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. Saudi Arabia, Sudan, and even the relatively progressive and Western-oriented Moroccan monarchy have police forces tasked with enforcing morality laws and dress codes. While other legal codes regulate public behavior, Sharia regulates public behavior, private behavior, and even private beliefs. 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. She has more than 2.5 million followers. The Judiciary of Mazandaran province announced that one hand of a prisoner convicted of 28 counts of stealing was cut off on Thursday in the presence... 24 Oct 2019. Many women, especially in countries where sharia is the law of the land, ... – The Violation of Natural Rights and Western Cover-Up, while the raping of a woman is a crime in all countries, sharia courts in Islamic states, such as Iran and Saudi Arabia allow a rapist to escape punishment by marrying his victim. 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”. Iran. [3] There was also no appeal in traditional Islamic law. Sharia Laws Enforced. After the 1979 overthrow of the Pahlavi dynasty by the Islamic Revolution, the system was greatly altered. [10] The Retribution Law (Qisas) of 1982 replaced sections of the Public Punishment Law (1924).[11]. Date 3 Dec 2019. Davar subsequently attempted to expand the new system into other cities of Iran through a programme involving training of 250 judges. “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 … "[1] Women judges were also removed[9] (although they could still be lawyers, or after 1997, secondary judges in civil cases). There are other offences considered punishable by death include same-sex relations and insulting the Prophet Muhammad. [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. Yes, because they both implement Sharia. Iran to gouge out man's eye under literal interpretation of Sharia law. Protesters were met with mass arrests and live ammunition. We have previously discussed the brutality of Islamic nations enforcing medieval Sharia law. By April 1927 Iran had 600 newly appointed judges in Tehran. Sharia law provides a holistic set of rules governing all aspects of life. Copy link. Tap to unmute. Sharia Law in Iran. Several countries use Sharia law in full or in part. Shopping. 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). 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". “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. Watch later. Info. Masih Alinejad protesting against the compulsory wearing of the hijab, or headscarf, in Iran. 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. 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
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 new regime entrusted their management "to a supervisory council of three clerics".[12]. 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. She encouraged other women to share the photographs of their secret movements of freedom. A nationwide judicial system in Iran was first implemented and established by Abdolhossein Teymourtash under Reza Shah, with further changes during the second Pahlavi era. “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 … October 15, 2018. The IBA was founded in 1915 and organised under the supervision of the judicial system until 1953, when it was granted legal personality. Up Next. 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. [1], According to one scholar, the administration of justice in Islamic Iran has been until recent times. “Since the 1979 Revolution, the IBA has been struggling to maintain its independence from the judiciary. These tribunals ruled on "Islamic law", but were in practice unfair, biased, and the judges were inexperienced and often incompetent. Compared to other legal codes, the Sharia law also prioritizes punishment over rehabilitation and favors corporal and capital punishments over incarceration. [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. 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. 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. 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. […] This group, whose membership in 2014 was estimated to exceed 20,000, is officially known as the Legal Advisors of the Judiciary.” [7]. “Iran’s rival Saudi Arabia also implements such medieval punishments.” Yes, because they both implement Sharia. The Shahs had installed a dual court structure. 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. 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. 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. There are many articles in its Constitution where this can be demonstrated. Frequently, Shiite Islamic preachers and leaders can be heard stating that Islam recognized “People of the Book,” which refers to Christians and Jews. In Iran, the executions are conducted as per Sharia Law. There are 90 children on death row in Iran (Image: GETTY) Trending Until the Constitutional Revolution, the source of law in Iran was the sharia as interpreted by the senior clerics. 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. 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. 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. 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. Masih Alinejad. "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. Iran has given the world another shocking addition to the long list of beheadings, floggings, and other forms of Islamic punishment. A thief’s hand was cut off in Mazandaran province. “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. 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. Extracted confessions and public executions are sometimes broadcast on state television. Sharia is a religious law forming part of the Islamic tradition. Iran grants a right to work, extensive welfare rights, and a right to fruits of business. The laws must be consistent with Sharia. 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 . 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. Share. 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". Saeed Kamali Dehghan. Yes, because they don't fully implement Sharia. 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." It is derived from both the Koran, Islam's central text, and fatwas - the rulings of Islamic scholars. 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]. Implementation of Sharia in Middle East countries. The 1979 revolution erased six decades of modernization of Iran’s judicial system. 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. iran. 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). A "court' has ordered the amputation of the fingers of three teenagers found guilty of theft. 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). This type of public moral authority is not restricted to Iran but is endemic across the Middle East North Africa region. [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. Iran practices classical Sharia Law, and is also called the Islamic Republic of Iran. Sharia law is a set of principles derived from the words of Prophet Muhammad (Hadith), his actions (Sunnah), and the Quran. 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). She started social media movement #MyStealthyFreedom. Iran is a Muslim country in which Islamic law is strictly enforced. As a result, the Human Rights Activists, Modern thinkers and intellectuals of Islamic countries are started residing in liberal countries due to life-threatening. They are encouraging young people to fight against Sharia in respective countries. In 1936, however, the new system was made permanent and the religious courts were abolished. 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.
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