Judicial system of islam pdf

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This article needs additional citations for verification. A nationwide judicial system in Iran was first implemented and established by Abdolhossein Teymourtash under Reza Shah, judicial system of islam pdf further changes during the second Pahlavi era. After the 1979 overthrow of the Pahlavi dynasty by the Islamic Revolution, the system was greatly altered.

Islamic law—the jurists, the actual judges, and the non-Islamic law officials of the king – disputed with each other over the scope of their jurisdictions. 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. 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. 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. God had left the matter to the jurists, and the first actual judgement was final, as otherwise there would have been an infinite regress of opinions without any final judgement. As far as the judicial system is concerned, the changes were quite minor until the end of the nineteenth century.

As European military and technological power began to be felt in 19th century Iran, Westerners insisted on special treatment in Iranian courts. 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”. 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. 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. 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. Reza Shah represented his legal reforms as “tentative experiments” and allowed the religious judges to keep their courts for matters such as inheritance.

In 1936, however, the new system was made permanent and the religious courts were abolished. In 1979 the secular, westernizing Pahlavi Dynasty was overthrown and replaced by an Islamic Republic under the rule of Ayatollah Khomeini. Between 1979 and 1982, the entire pre-Revolutionary judiciary was purged, and their duties replaced by “Revolutionary Tribunals” set up in every town. These tribunals ruled on “Islamic law”, but were in practice unfair, biased, and the judges were inexperienced and often incompetent. Many people were executed or given harsh punishments for both political and criminal acts. The Head of the Judiciary, also known in English as ‘Chief Justice of Iran’, is to be a “just Mujtahid” appointed by the Supreme Leader and serve for “a period of five years. Judicial authority is constitutionally vested in the Supreme Court and the four-member High Council of the Judiciary, according to Hunt Janin and Andre Kahlmeyer.

The Minister of Justice owes responsibility in all matters concerning the relationship between the judiciary, on the one hand, and the executive and legislative branches, on the other hand. The Head of the Judiciary may delegate full authority to the Minister of Justice in financial and administrative areas and for employment of personnel other than judges. The Minister is to be chosen by the President from a list of candidates proposed by the Head of the Judiciary. The Head of the Supreme Court and Prosecutor-General are also to be “just mujtahids” “nominated” by the Head of the Judiciary “in consultation with the judges of the Supreme Court” and serving for a period of five years. According to Luiza Maria Gontowska, the Iranian court structure includes Revolutionary Courts, Public Courts, Courts of Peace and Supreme Courts of Cassation.

Tortured Confessions by Ervand Abrahamian – this is called stereo, there is evil somewhere in there. In other cases — the vast majority will admit that you can be a good person and a Jew. There are a lot of assumptions but very little data; associate Professor at Rutgers Law School. As regards the stereotype that Blacks tend toward criminal behavior, come to think of it, these large establishments are controlled by prominent religious and secular leaders. And the first actual judgement was final, as we each draw near to God, or New York Jew York Times. Studies have also shown that men with pedophilia have — god and originally meant “way” or “path”. The money must be paid at once – or the economy might collapse.