The political dimensions of the Iranian legal system are considered within this thesis in respect of the complex interrelationship between religion and politics that characterizes Iranian governance and the legal framework. In this regard, attention is given to the central role played by Velayat-e Faqih, or Guardianship of the Islamic Jurist, in shaping Iran's judicial and legislative processes alongside other organs such as the Guardian Council and Expediency Discernment Council. These institutions bear an interpretive role of Islamic principles, a legislative oversight role, and are means of conflict resolution between the Sharia and modern legal challenges. In the process, the thesis further goes to explore how minority rights, women's rights, and pressure from civil society have impinged on legal reforms within Iran. Case studies of discrimination against minorities, the role of fatwas in legal changes, and influences of international law in the context of minority rights are discussed to bring out challenges in ensuring justice and equality. Comparative analyses with other Sharia-based legal systems in Saudi Arabia, Pakistan, and Turkey bring out routes of reform and progressive legislation that might be taken up within Iran.
Una revisione delle dimensioni politiche del sistema giuridico iraniano
RANJBAR NOIEY, SUSAN
2023/2024
Abstract
The political dimensions of the Iranian legal system are considered within this thesis in respect of the complex interrelationship between religion and politics that characterizes Iranian governance and the legal framework. In this regard, attention is given to the central role played by Velayat-e Faqih, or Guardianship of the Islamic Jurist, in shaping Iran's judicial and legislative processes alongside other organs such as the Guardian Council and Expediency Discernment Council. These institutions bear an interpretive role of Islamic principles, a legislative oversight role, and are means of conflict resolution between the Sharia and modern legal challenges. In the process, the thesis further goes to explore how minority rights, women's rights, and pressure from civil society have impinged on legal reforms within Iran. Case studies of discrimination against minorities, the role of fatwas in legal changes, and influences of international law in the context of minority rights are discussed to bring out challenges in ensuring justice and equality. Comparative analyses with other Sharia-based legal systems in Saudi Arabia, Pakistan, and Turkey bring out routes of reform and progressive legislation that might be taken up within Iran.File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.14240/113678