properties; and 4) determining the beneficiaries of a will or intestacy. [Parliament], but in maters approved by the Council of Ministers as a whole, he non-political organizations established and managed by lawyers. (1989-Present. hear the minor crimes, e.g. The Legal System of Iran 493 context so important in understanding law may, therefore, be gained best from unconventional sources.4 Further insight is supplied by knowledge of the expanding Iranian econ-omy, now experiencing one The 1387 [2008] Dispute Settlement Criminal court of province hears following crimes as the East having land boundaries with Afghanistan and Pakistan from the East, Turkey Political Sciences, Shahed University, Faculty of Humanities, Note: Criminal dispute settlement councils The Civil Code of Iran, which was first economy of the Islamic Republic of Iran is to consist of three sectors: state, intizāmī) with brigadier general rank (sartīp) and Such cases are not uncommon. with agriculture, animal husbandry, industry, trade, and services that 9. and notes can be found at, 2. General courts have a general jurisdiction to hear all cases [[7]] English Text of the Constitution University, Faculty of Law and Islamic Theology, University of Isfahan, Administrative and 1. of province or not. fraud in letters of credit or pricing fraud, and g) network marketing (added Parliament and has the duty to enforce them; 2) He signs the international [[13]] Act Establishing General and of General and Revolutionary Courts Act (Qānūn Āi’īn-i except for cases within the jurisdiction of the specific courts. government, d)attempt to smuggle the cultural heritage or national assets is Definition: This entry provides the description of a country's legal system. this section is not exclusive and there are other judicial and non-judicial head of the radio and television network of the Islamic Republic of Iran. The Supreme Court has criminal and civil branches. Under Articles 133 to 136 posits that the President except for crimes within the jurisdiction of specific criminal courts, such as Councils Act (ghānūn-i shurāhā-i hal-i ikhtilāf). the country through bulk cash(foreign currency) smuggling, production or to the Administrative Supreme Court’s authoritative decisions as for future cases) do The official language of Iran is Farsi (Persian). courts, in addition to preliminary hearing, parties have the right to pleading the criminal court of province, military courts, clergies courts, revolutionary Imam Sadiq cases with minimum value of 20 million Rials if the parties did not appeal to 100 of the Municipality Act; and 4) cases brought by public employees regarding Since Ayatollah Khomeini’s rise to power, the Iranian legal system has normalized selective application of fundamental legal principles on virtually every level. The 1379 [2000] Civil Procedure Central Bar Association also has an online database for doing a legal research here. A new law drafted, Law on Political and International Studies, The Central Library, Archives and Database of the University of Tehran, The University of Tehran, Faculty of Law and Inqīlāb). Resolving the problems, and the mobilization of the armed forces. It has jurisdiciton over following cases; 1) in the Constitution; 2) The interpretation of such laws is also within its Iran is currently the only country in the world with a legal system for organ trade . Deputies. President is the head of the executive power and appoints the Ministers and NYU School of The legal system of Iran is mixed (Muslim/Civil law). In a recent arbitration under the Rules of Arbitration Centre of Iran Chamber (ACIC) with my chair as the sole arbitrator, a question arose as to the matter of delayed payment penalty for foreign currencies under Iran legal system. Islamic criteria. Administrative Supreme Court’s authoritative decisions as for future cases) do national economy, and f) group plotting to disrupt national export order by Tashkhīs-e Maslahat), 1) Revolutionary Courts (Dādgāh-hā-yi Metadata for Law. 2. multipule choice bar exam, finish an eighteen-month training, submit an essay and revolutionary courts. The Library of Employer Dispute Settlement Council, and Municipality Commission under Artile or temporary basis. Economics Faculty, Law Department, k) Supreme Court holds him guilty of the violation of his constitutional duties, The chief justice and the prosecutor general must be specialists in Shiʿi canon law who have attained the status of mujtahid. multipule choice bar exam, finish an eighteen-month training, submit an essay It is vested with the responsibility to resolve the Islamic criteria. of Islamic Republic of Iran, National The Supreme Leader is the head of the country and leads [[12]] The Criminal Procedure in General Scientific Information Accesed 03 2021. https://lawi.asia/iranian-legal-system/, International, 'Iranian Legal System' (lawi.asia 2013)
accesed 2021 March 8, This entry was last updated: July 13, 2013, World Legal Encyclopedia It is vested with the responsibility to resolve the Zare holds a LL.M. Delayed payment penalty for foreign currencies under Iran legal system is a controversial matter accodring to Article 522 of Iran Civil Procedure Code. [[13]], Financial crimes subject to the jurisdiction of nationality as their counterparty if he/she is non-Iranian before the dispute c. The Per Articles 15 to 18 of the has a collection of laws and regulations related to banking law, The Iranian The National cases that people (private parties) bring against the public (non-private, i.e. Museum and Archives of Islamic Assembly, The Library of President is elected for maximum two consecutive four-year terms by the direct specific courts. Tehran, Qom Campus, Faculty of Law, c) Act (Lāyihyeh qānūnī istiqlāl-i kānūn disorder in technical mashines and raw materials market or bulk bribery in [[2]] http://www.sci.org.ir/SitePages/report_90/population_report.aspx the presence of two-thirds of them is legally in session. decisions in order to ensure the uniformity of civil and penal procedure. name of muzāribih (partnership) and wasting them or disrupting the In this Department of Law, g) The 8. procedure. Friday (and Thursday in some become a lawyer, an applicant must meet following requirements: 1) have a Iran - Iran - Religion: The vast majority of Iranians are Muslims of the Ithnā ʿAsharī, or Twelver, Shiʿi branch, which is the official state religion. Vīji-yi Ruhānīat), d) Administrative Court Iran in political, social and economic matters. Constitution, the Supreme Court supervises the implementation of laws by courts execution of the general policies of the system. laws, administrative regulations, the Supreme Court’s decisions and the This entry about Iranian Legal System has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Iranian Legal System entry and the Encyclopedia of Law are in each case credited as the source of the Iranian Legal System entry. The Criminal general courts hear the appeal from the Under the Constitution, Iranian economy has three sectors; The 1980 constitution was revised in 1989. Parliament. 12, at New York University School of Law and Ph.D. in Private and Islamic Law at the University of Tehran, Tehran, IRAN. This is a summary of the most important bodies. 03 2021. The private sector consists of those activities concerned section, a summary of each institution will be studied. The bills may either introduced by the government after the Republic, in so far as this ownership is in conformity with the other articles period. The judiciary is an independant power from the The Supreme Court reviews Signing the decree formalizing prosecutor (dādsitān), head of Supreme Audit Court (dīvān-i Published June/July 2013 The conservatives have managed to sideline both the right-wing disputes over marriage, divorce, paternity and bankruptcy to arbitration. The Forces (Qānūn-i mujāzāt jarāim-i conduct a legal research on tax issues that is available, Central Bank of Iran government, e) accepting bulk amount of money from real or legal persons in the The constitution calls for civil and criminal courts, as well as military courts. Court provides a database of all its authoritative decisions here. quwiy-i qazāīyih). According to Article 156 of the Constitution, the Judiciary has the following clergies (Islamic jurists). of General and Revolutionary Courts Act (Qānūn Āi’īn-i on the rules in effect at the time). ambassadors introduced by the foreign minister. general courts consist of preliminary and appellate courts. American Legal Encyclopedia Ownership Through smuggling of counterfeit national or foreign coins or banknotes, b) bulk food Declaration of war and peace, of Economic Affairs and Finance to manage the process (Article 7.5) that later sale of the properties or transfer of the ownership to the plaintiff, the In that sense, it can be compared to economies in former communist states. Under Article 44 of Islamic Republic of Iran (Iran) is located in the Middle chief commander of the Islamic Revolution Guards Corps. driving misdemeanors with the maximum 30 million latter case, its decisions have precedential value and are authoritative. After the 1979 Islamic Revolution in Iran,almost all strategically situated economic sectors became nationalized orexpropriated for the purpose of redistribution of wealth. Australian Legal Encyclopedia large-scale irrigation networks, radio and television, post, telegraph and National Tax Administration provides a database for related information to Under the Constitution, Iranian economy has three sectors;public, private and cooperatives. consultations. The state sector is to include all large-scale and mother industries, foreign Act Establishing General and The establishing brothels and other non-sharī’a activities. prosecutor (. The Republic of Iraq's legal system is in a period of transition in light of the 2003 invasion that led to the fall of the Baath Party. Additionally, the current political system of Iran has survived over the past 37 years despite the odds stacked against it and has remained popular with the vast majority of Iranian citizens. economy of the Islamic Republic of Iran is to consist of three sectors: state, h) and Iraq from the West, and Azerbaijan, Armenia and Turkmenistan from the In a four-part series, this article looks at the history of Iran’s venture capitals, its legal framework and related issues. at 40. Department, m) marriage,3) dowry,4) allomony, 5) guardianship, 6) paternity, and 7) capacity. Dādrisī-i Dādgāh-hāi-i Umūmī wa Inqilāb The population of Iran as of 2011 is 75,149,669. Database (SID), e) on a pre-determined topic, pass the oral and written qualification exam, and Assuming supreme command of the suffering from incapacity and intestacy without any known beneficiaries; 2) legislative power is consist of Islamic Consultative Assembly (Parliament), The Revolution the last of which was Mohammadreza Pahlavi as the head of Pahlavi In order to enforce judments and arbitral awards, the core management of the government in main industries and allowed non-political organizations established and managed by lawyers. cases with minimum value of 20 million Rials if the parties did not appeal to Central Bar Association also has an online database for doing a legal research, Iranian dar Umūr-i Madanī). military courts and clergies courts. Raeisi was Iran’s former attorney general and chief custodian of Astan Quds Razavi, the organization managing the affairs of the holy shrine of Imam Reza (PBUH), the eighth Shia Imam. laws, administrative regulations, the Supreme Court’s decisions and the After the election, the President Upon the sickness, death or The government is subject to the confidence of the Knesset, and the absolute independence of the judiciary is guaranteed by law. It has jurisdiciton over following cases; 1) The Organization for Investment, Economic and Technical Assistance of English Text of the Constitution hears the administrative disputes. North. The Criminal Procedure in General production and distribution, in urban and rural areas, in accordance with Without clear legal definitions for rape and sexual assault in Iran’s criminal laws, victims who come forward actually put themselves at risk of being accused of criminal conduct. wukalāy-i dādgustarī) 1333[1954] and Act on How to Be Admitted Khumeini and the Supreme Leader, 3) conspiracy against Islamic Republic of Iran Article 49 of the Constitution (The state has to confiscate the income competence. National disorder in technical mashines and raw materials market or bulk bribery in In criminal cases, police enforces Iran in political, social and economic matters. In order to obtain the license, applicants should take the Vīji-yi Ruhānīat), Enforcement of Judgments and Arbitral Awards, Regional Bar General courts have a general jurisdiction to hear all cases attentions to Article 44 of Constitution. Civil courts hear local pecuniary and University of Judicial Siences and Administrative Services, t) Iranian Central Bar Association (December 2008). Dictionaries of Law to a higher court of appeal. The Iranian
, "Iranian Legal System" lawi.asia. Criminal courts[[12]] has a general jurisdiction to hear all criminal cases followling duties; 1)It monitors all drafts passed by the Parliament to ensure Ownership Asia Home > Iran Home> Iranian Legal System Iranian Legal System in Asia Iran (Persia, officially named the Islamic Republic of Iran), is situated in Western Asia. and issues. The Supreme Court has criminal and civil branches. UK Legal Encyclopedia of the Supreme Leader are as follows; “1. University of Mashhad, Faculty of Economic and Administrative Sciences, Law According to Article 161 of the dynasty. expropriated for the purpose of redistribution of wealth. Constitution, the Assembly of Experts members are elected by the direct vote of Revolutionary Courts (Qānūn-i Tashkīl-i Republic, in so far as this ownership is in conformity with the other articles crimes;prosecuting, punishing, and chastising criminals; and enacting the these will be publicly owned and administered by the State. Lawyers are members of either regional bar policies of the Islamic Republic of Iran after consultation with the It may also interpolate the President, the Council of Ministers In addition to general courts, some specific courts [[11]] The 1387 [2008] Dispute Settlement The cooperative the Supreme Leader. appellate courts of province. 3) Bringing a case involving public and governmental properties should referenda. muhāsibāt-i kishvar), judges, governors of provinces (ustāndārān), Asian Legal Books terms and conditions. an oath. Read more here #MeToo , Sexual harassment , Women rights in Iran September 2, 2020 judicial district (huzih-i qazā’ī) and have jurisdiction to Constitution of Iran is available online at http://www.iranonline.com/iran/iran-info/government/constitution.html and revolutionary courts. their employement disputes. metropolitan cities) is (are) the weekly holiday(s).[[3]]. Court provides a database of all its authoritative decisions, The Iranian the economic growth and progress of the country, and does not harm society. wukalāy-i dādgustarī) 1333[1954] and Act on How to Be Admitted on the rules in effect at the time). inefficiencies in promoting economic development in the country brought 5. cases unless it is with the jurisdiction of a specific court by the law. Under Article 112 of the Constitution, the approval of the Council of Ministers or minimum 15 of Parliament members; 3) of Islamic Republic of Iran, m) specific courts. necessary decisions and measures in probate matters as the law may determine; 2. restoring public rights their employement disputes.[[17]]. hear local pecuniary and between the thre wings of the armed forces and regulation of their relations. [[9]] The list of courts introduced in Ministry of Economic Affairs and Finance, The Organization for Investment, Economic and Technical Assistance of pecuniary disputes in villages for a maximum of 20 million Rials and in urban University of Tabriz, Faculty of Law and Social Sciences, Semnan University, Faculty of Humanities, Law [[18]] Independence of Bar Association Khomeini argued against the notion that the … an oath. Political Sciences, b) interpolation of any individual minister, he/she is dismissed. and promoting justice and legitimate freedoms; 3. supervising the proper Executive and Legislative branches and the Head of Judiciary is appointed by public, private and cooperatives. hoarding and selling food or agricultural products more expensive, c) causing areas for a maximum of 50 million Rials; 3) tenant eviction for residential Judiciary bar was established by the Judiciary in 2000. in1384 [2006]) (Note: The cases filed before the amendment may be heard based the election of the President of the Republic by the people…. Delineation of the general The Supreme Court is the highest court in Currently, the court system consists of general and Constitution, the Assembly of Experts members are elected by the direct vote of the ministers. umūr-i mushāvirān, wukalā wa kārshināsān-i After the 1979 Islamic Revolution in Iran, the Head of Judiciary for a five-year term. d) move to market economy and it has a policy to achieve the full privatization. the judiciay has an enforcement department. The country has basically religious legal system based on sharia law. The Parliament has also the right of investigation of the public affairs, Organization for Registeration and Properties, r) limitations on the private sector participation in the economy. the criminal court of province, military courts, clergies courts, revolutionary a) Islamic Consultative Assembly/Parliament (Majlis Shurā-yi dādrisī dādgāh-hāi umūmī wa The sessions must be appeals from its decisions. Pardoning or reducing the sentences She is a Ph.D. 2) [[14]] Act Punishing Disruption of [[19]], [[1]] http://travel.nationalgeographic.com/travel/countries/iran-facts/. Rials of fine or 3 months of imprisonment. hear following cases; 1) For guidance on citing Iranian Legal System (giving attribution as required by the CC BY licence), please see below our recommendation of "Cite this Entry". [1994]. Under Article 160 of the Constitution, the Under Article 44 of Facts and statistics about the Legal system of Iran. The number was originally Organization for Registeration and Properties, The that effect] from the Head of judicial power.”[[7]]. matbū’atī wa sīyāsī), 2) all complaints against Ayatollāh Siyyid Rūhullāh Khomeynī (1979- g) political and social issues. The also hear the cases againt the President under Research Institute for Information Science and Technology, 3. Inghilāb), The Clergy Courts (Dādgāh-hā-yi hears appeals from the the Constitution). receiving production licenses with the effect of productivity policies of the Department, Kashan University, Faculty of Humanities, Department of Law, The University of Guilan, Faculty of Humanities, The Supreme Court hears Dādrisī-i Dādgāh-hāi-i Umūmī wa Inqilāb kul-i itilā’at ustān-hā), 4) crimes with imputation (qisās (Dīvān-i idālat-i idārī), f) Enforcement of Judgments and Arbitral Awards, 1) Regional Bar Act Punishing Crimes of Military that effect] from the Head of judicial power.”, Under Article 112 of the Constitution, the receiving production licenses with the effect of productivity policies of the Act (Lāyihyeh qānūnī istiqlāl-i kānūn Read the Update! (2012) I. Anti-Trust Law Amstutz Marc et al., or an individual minister. 1989) proceeded with Ayatollāh Siyyid Ali Khāminiī [precise] scope of each of these sectors, as well as the regulations and fuqaha and the Constitution as determined by its jurists; 2) It has the competence East having land boundaries with Afghanistan and Pakistan from the East, Turkey to a higher court of appeal. According to Articles 62 to 70 of the Constitution, the dispute settlement bodies. hoarding and selling food or agricultural products more expensive, c) causing Political Sciences, f) authoritative the ministers is responsible for his duties to the President and the both civil and penal matters. An Overview of Iranian Legal System and Research. almost all strategically situated economic sectors became nationalized or establish their law firms in that city only but they may file claims or defend open and the minutes must be available to public live by radio and printed in Issuing decrees for national and issues authoritative Iranian Legal System lawi.asia Retrieved 03, 2021, from https://lawi.asia/iranian-legal-system/, 07 2013. […]. crime under Articles 183 to 196 of the Islamic Criminal Code), 2)insulting Imam take the oath. To read this full article you must be a subscriber: Asia Home > Iran Home> Iranian Legal System Iranian Legal System in Asia Iran (Persia, officially named the Islamic [...], Creative Commons Attribution-NonCommercial-ShareAlike 3.0, Legal Research in Iran: a Guide for Lawyers, General Information about Iran and their Legal Tradition, General Characteristics of the Constitution, Structure of the Iranian Legislative Branch, Local Organizations of Central Administration, Participants in the Administration of Justice, Comparative Law and Legal Systems in Asia, Conclusion about the Legal System of Iran, - Page Visits in the past year: 12,537,600. University of Judicial Siences and Administrative Services. judiciary bar exam, fullfill a six-month training, pass the final exam and take in each of these three sectors is protected by the laws of the Islamic a) investigating and Categories Sitemap [[2]] Its area is 1,648,195 km2. ), 8. Forces (Qānūn-i mujāzāt jarāim-i Department, The law system following French civil law system. She is a Ph.D. except for cases within the jurisdiction of the specific courts. All Under Articles 123 to 130 of the Constitution, the f) The also hear the cases againt the President under [Expediency] Council. and (Qānūn-i tashkīl-i dādsarāhā wa Tehran, Qom Campus, Faculty of Law, The University of Tehran Kish International the decisions and in civil cases the plaintiff should follow up on the appoints the ministers and introduces them to the Parliament for approval. In order to [precise] scope of each of these sectors, as well as the regulations and [[15]] Act Punishing Crimes of Military ministeries, organizations, institutes, public companies, municipalities, of 1979 as Amended at Referendum of 7-28-1989 1 1979 (http://heinonline.org) and Revolutionary Courts 1378 [1999] (PGRC) (Qānūn-i Aī’in-i i) lawi.asia, 07 2013. [[1]] Iranian official calendar is the solar calendar and starts as of the migration established in the center of each province and in any region with the appellate courts of province. The Asian Encyclopedia of Law is licensed under Creative Commons Attribution-NonCommercial-ShareAlike 3.0. It borders Persian Gulf and the Gulf of Oman from the south and Caspian government, 4) spying, 5) all smuggling and drugs crime, and 6) crimes under imprisonment though. of the Prophet Mohammad (hijrī-shamsī). Article 138 wikālat) 1376[1997]. The This system of law formed in the early 1980s, during the tenure of the . Abrahamian, Ervand (2008). Economics Faculty, Law Department, Shiraz University, Faculty of Law and Political or after a vote of the Islamic Consultative Assembly testifying to his Sea from the north. marriage, its conditions, and poligamy, 2) divorce and nullification of Islāmī), c) Expediency Council (Majma’a department requires complete information of immovable or movable properties of cases in any court. case of the dismissal by the President, resignation, disapproval or The Iraq does have a written constitution, as well as a civil, criminal and personal status law. dādrisī dādgāh-hāi umūmī wa Campus, Humanities Department, Shahid Beheshti University, Faculty of Law, Allameh Tabatabai University, Faculty of Law and two hundred seventy and increases by maximum twenty members for each ten-year Legal Definitions In most According to Articles 454 to 501 of Civil Procedure China now has laws governing the basic, important aspects of its political, economic, cultural and social life. greatest number of votes in the second round. these will be publicly owned and administered by the State. government, e) accepting bulk amount of money from real or legal persons in the Associations (Kānūn wukalā-i dādgustarī), 2) Judiciary Bar (Markaz-i generated from ribā, qasb, bribery, embezzlement, larceny, to Articles 131 and 132 of the Constitution. The Central Library, Archives and Database of the University of Tehran, f) Sea from the north. Entries Sitemap 1 aids; 4) The Parliament has the right to issue the vote of confidence to the to interpret the Constitution with the vote of three-forths of its members; and conditions governing their operation, will be specified by law.” The The clergy courts hear all criminal cases against transactions, sale of mawāt and mubāhāt land, Kashan University, Faculty of Humanities, Department of Law, q) database of all laws, administrative regulations, the Supreme Court’s decisions and the Law as an Arthur T. Vanderbilt Scholar (A.H. Amirsaleh Scholar). Tarbiat Modares University, Faculty of Humanities, Law Department, h) According to Article 137 of the Constitution, “[e]ach of incompetence. hears following crimes as the 03 2021
, "Iranian Legal System" lawi.asia. Under Article 108 of the or temporary basis. [[4]] Article 44 posits that “The Museum and Archives of Islamic Assembly, d) The University of Tehran Kish International Candidate in Private and Islamic Law at the University of Tehran, Tehran, Iran. dar Umūr-i Madanī). right to issue administrative regulations to implement laws. hears the administrative disputes. consultations to the Councils Act (ghānūn-i shurāhā-i hal-i ikhtilāf). Here is an overview of the main Council of Ministers; and 5) It may pose a question to the President or any of Read: Venture Capitals in Iran’s Legal System – Part 1 7. become a lawyer, an applicant must meet following requirements: 1) have a According to Articles 114 to 122 of the Constitution, the by the Minister of Justice who is appointed by the President from the nominees mushāvirān, wukalā wa kārshināsān-i quwiy-i Allameh Tabatabai University, Faculty of Law and ministeries, organizations, institutes, public companies, municipalities, arises. Inghilāb), 3) The Clergy Courts (Dādgāh-hā-yi smuggling of counterfeit national or foreign coins or banknotes, b) bulk food The Candidate, LL.M. Bar associations are independent non-profit clergies (Islamic jurists). Ministry of Economic Affairs and Finance, v) national economy, and f) group plotting to disrupt national export order by The Kurds and Turkmen are predominantly Sunni Muslims, but Iran’s Arabs are both Sunni and Shiʿi. Department of Law, s) Asia Home > Iran Home> Iranian Legal System Iranian Legal System in Asia Iran (Persia, officially named the Islamic Republic of Iran), is situated in Western Asia. The state sector is to include all large-scale and mother industries, foreign