The Rule of Law in the Islamic Republic of Iran

Power, Institutions, and the Limits of Reform
Erscheinungsjahr 2025
ISBN: 978-1-108-48142-7
Verlag: Cambridge University Press

Buch, Englisch, 288 Seiten

After Iran's 1979 Revolution, Ayatollah Khomeini denounced the secular legal system of the Pahlavis and pledged his commitment to distinctly Islamic conceptions of law and justice: the application of both the shari'a and the rule of law (hakemiyat-e qanun) became major ideological pillars of the Islamic Republic. This precipitated the Islamization of the legal system, the judiciary and the courts, a process which still continues today and is the subject of intense ideological and political contestation. The Rule of Law in Iran is the first comprehensive analysis of judicial and legal institutions of the Islamic Republic of Iran in their social, political and historical contexts. Scholars and practitioners of law, many with experience of working in Iran, shed light on how the rule of law has fared across a variety of areas, from criminal law to labour law, family law, minority rights, policing, the legal profession, the visual and performing arts, trade law, and medicine.

Autoren/Hrsg.

Enayat, Hadi

Kunkler, Mirjam

Künkler, Mirjam

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Systeme Staats- und Regierungsformen, Staatslehre

Inhaltsverzeichnis

1. Governing the Law in the Islamic Republic of Iran Mirjam Künkler; 2. Law Enforcement and the Judiciary in Post-Revolutionary Iran Saeid Golkar; 3. Rule of Law or Rule by Law? Iran's Bar Association as a pawn in Islamic-republican Contestations Mirjam Künkler; 4. Shi'i Family Law under the Rule of Law? The Iranian Model and Current Approaches in the Shi'i World Hannah L. Richter; 5. The Islamic Penal Code of 2013: Traditions and Innovations Silvia Tellenbach; 6. The Administration of Criminal Justice in Iran: Ideology, Judicial Personalism and the Cynical Manipulation of Security Drewery Dyke and Hadi Enayat; 7. Reform from within? Hakemiyat-e Qanun from the Reformist Era until 2022 Mirjam Künkler; 8. Iran's Religious and Ethnic Minorities in the Eyes of the Judiciary and the Security Apparatus Shahin Milani; 9. Legal Barriers to Key Populations Accessing HIV/AIDS Services in Iran, and Creative Responses to Overcome Them Arash Alaei and Kamiar Alaei; 10. The Problem of Overcrowded Prisons in the Islamic Republic of Iran Anna Enayat and Hadi Enayat; 11. Labour Rights in Post-Revolutionary Iran M. Stella Morgana; 12. The Effects of the JCPOA, and Subsequent US Withdrawal, on Iranian Law Faezeh Manteghi and Seyed Emadeddin Tabataba'i; 13. Multi-layered Mechanisms of Control and Censorship of Arts and Culture in the Islamic Republic of Iran Roozbeh Mirebrahimi and Azadeh Pourzand; 14. The Legal Situation Regarding Assisted Reproduction in Iran: Current Developments and Concerns Shirin Naef; 15. Conclusions: Regressions and Progressions in the Rule of Law of the Islamic Republic of Iran Hadi Enayat and Mirjam Künkler.

Über Autor(innen)

Enayat, Hadi
Hadi Enayat is the author of Law, State and Society in Modern Iran (Palgrave Macmillan 2013 – winner of the Biennial Mossadegh Prize 2013), and Islam and Secularism in Post-Colonial Thought: A Cartography of Asadian Genealogies (Palgrave Macmillan 2017). He is a Research Fellow at the Foreign Policy Centre in London and Lecturer at the Aga Khan University. He has worked as an expert witness for UK courts in Iranian asylum cases.

Künkler, Mirjam
Mirjam Künkler is Research Professor at the Netherlands Institute for Advanced Study. Her recent books include Female Religious Authority in Shi'i Islam: Past and Present, Edinburgh University Press, 2021, and A Secular Age Beyond the West, Cambridge University Press, 2018; among others. She is a Principal Investigator of the Iran Data Portal, and sits on the editorial boards of journals in Iranian Studies, Middle Eastern Studies, Law, and the Sociology of Religion.