By Sahar Maranlou
This ebook bargains a serious and in-depth research of entry to justice from foreign and Islamic views. present Western versions have highlighted the mechanisms through which participants can entry justice; in spite of the fact that, entry to justice accommodates a variety of conceptions of justice and of the clients of justice. This ebook evaluates the old improvement of the justice region in Iran and discusses numerous concerns, corresponding to the functionality of the justice zone, judicial independence, potency and accessibility, normative security, including an research of obstacles. It explores the criminal empowerment of clients, with a particular specialize in ladies, and provides the findings of a survey learn at the perceptions of Iranian girls. This examine is designed to target women's simple felony wisdom, their familiarity with felony technique, their perceptions of cultural boundaries, the problems that effect their choice for mechanisms of formal or substitute dispute options, and their point of pride with their selected classes of motion.
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Additional info for Access to Justice in Iran: Women, Perceptions, and Reality
33 Quran 57:25. 28 29 28 Part I measures to indicate what the constituent elements of justice are or how justice can be realised on earth (Khadduri, 1984: 10–11). The Quran, however, explains justice in different contexts and sets up specific examples of how justice can be implemented. 37 In many of these Quranic examples, justice is an indicator of human responsibility for its action. “A person who is just therefore engages in acts that are framed by awareness, born of the pursuit of reason over passion, of the harm that may be done to the community of believers by acting otherwise” (Rosen, 2000: 154).
The same idea also has been extended to Islamic political theory in particular from the Shia50 perspective. ’ ”52 The school of Shia is the official religion of Iran, which refers to those who believe that, following the death of the Prophet, the Imamate (the political and religious leadership of the Muslim community) should have gone to ‘Ali – the cousin and son-in-law of the prophet – and his descendants. 51 ‘Ali is the cousin and son-in-law of the prophet who is regarded as the first Imam and the rightful successor of the prophet by the Shia school of thought.
Their function ends once they have made their attempt at reconciliation. The principle of family mediation, known as hakam, has been taught within the family law statutes of most Muslim countries. An example of this is the Iranian Family Protection Act, which emphasises reconciliation based on Sharia. The responsibility of the mediator/arbitrator is to settle the family dispute. According to the Act, the Family Court is bound to ask divorcing parties to appoint a mediator. The mediator should primarily attempt to reconcile the parties, but if the parties fail, the mediator must submit their opinion to the court.
Access to Justice in Iran: Women, Perceptions, and Reality by Sahar Maranlou