Iran Legal System

Iran Legal System

General Characteristics of Legal System of Iran

The modern legal system of Iran is mixed; it is closely interwoven elements of Muslim and Roman-Germanic legal systems. The ratio of these elements throughout the twentieth century was different. Iran is one of the few Muslim countries that have escaped direct from European colonization. The process of "Westernization" of political and legal system began in 1906, when this Constitution was adopted, based on the Franco-Belgian model, but the transformation of the judicial system and the adoption of industry codes (Commercial, Criminal, Civil and Civil Procedure) only began in the late 1920s (Abrahamian, 2008).

As a result of reforms 1920-1930, the scope of Islamic law is much narrower. Fiqh (Muslim legal doctrine) Ja'fari wing retained its position only in the area of personal status and to determine the legal status of Awqaf (withdrawn from circulation equipment intended for charitable purposes). New efforts to westernization of Iran, was taken in 1960-1970. The new regime headed for the transformation of Iran into an Islamic society, which meant that the Islamization of the entire legal system.

The Constitution of 1979 strengthened the position of the mandatory compliance of laws of sharia. In Iran, the laws have been published that focus on securing its papers in the general principles of the Ja'fari school of Islamic law. At the same time the bulk of the old codified law, borrowed from European countries, was only altered in accordance with Islamic legal setting.

Currently, the rules and principles of Islamic law have a profound influence on constitutional law and the existing form of government in Iran. They play a leading role in other branches of existing law, providing a submission to Islamic standards of all aspects of social (political, economic, cultural) and personal lives of citizens, respect for not only legal but also moral norms relating to clothing and even a form of leisure Muslims (Davar, 2007).

The main source of law is the law in Iran. According to Article 4 of the Constitution, all civil, criminal, financial, economic, administrative, cultural, military, political and other laws and regulations must be based on Islamic rules. The above article is a priority in relation to other Articles of the Constitution and the laws and statutes, and the opinion on the conformity of laws with Islamic rules imposed fuqaha (Islamic jurists) of the Council for the Protection of the Constitution and Islamic norms.

The relationship ...