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CRIMINAL JUSTICE IN IRAN

This research develops an overview of criminal justice in contemporary Iran. A legal system based on Islamic law was introduced in Iran following the adoption of a new constitution in 1979 in the wake of the Islamic Revolution led by the Ayatollah Khomeini (Hunter, 1994, p. 776). The primary objective of the new legal system was to return Iran to traditional Islamic values (Sayeed, 1990, p. 4). In the context of returning a society and a religion to the essential and traditional values as those values are understood, interpreted, and enunciated by one faction within a society, Islamic fundamentalism is similar to Christian fundamentalism in the United States, Orthodox Judaism in Israel, and Hindu fundamentalism in India, as all these fundamentalist groups see themselves as the only true defenders of God against secular modernism (Lawrence, 1990, pp. 1-306).

In Islamic countries such as Iran, where the Qur`an prohibits political factionalism, it is not uncommon to find what are, essentially, one-party states. The government in contemporary Iran is a theocratic dictatorship (Milani, 1992, pp. 175-190).

The Islamic legal system derives its legitimacy from the mandate of Allah, as opposed to deriving it from those governed (Sayeed, 1990, p. 76). Thus, in accordance with the tenets of Islam, unity of political action is required, as opposed to the fostering of individual political expression which is implicit in many western models of political development. Islam does permit and encourage individual differences in most aspects of life. Political factionalism, however, is not permitted. In Islam, all members of a society are expected to contribute to the common good. When concepts of individual liberty or political freedom are translated to mean factional politics, these concepts are not considered to be consistent with Islamic principles. In a truly Islamic society such as Iran, a rational differentiation is not made betwe...

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CRIMINAL JUSTICE IN IRAN. (1969, December 31). In LotsofEssays.com. Retrieved 09:14, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1687284.html