Interpretation of Statutes at Iran
Certainly! Here's an overview of Interpretation of Statutes in Iran:
📘 Interpretation of Statutes in Iran
1. Legal System Overview
Iran follows an Islamic legal system heavily influenced by Sharia (Islamic law), combined with civil law elements.
The Constitution of the Islamic Republic of Iran (1979, amended) is the supreme law.
Statutes must conform to Islamic principles and constitutional provisions.
The Guardian Council oversees compatibility of laws with Islamic law and the Constitution.
2. Sources Governing Interpretation
The Constitution of Iran – highest legal authority.
Statutes enacted by the Islamic Consultative Assembly (Majles).
Fatwas and interpretations of Islamic jurisprudence (Fiqh) influence statutory interpretation.
The Guardian Council vets laws for conformity with Sharia and Constitution.
Judicial decisions by courts, including the Supreme Court, provide interpretation.
3. Principles and Methods of Interpretation
a. Literal Interpretation
Courts begin by examining the plain meaning of the statutory text.
Clear wording is generally applied as written.
b. Teleological (Purposeful) Interpretation
When language is ambiguous, interpretation considers the purpose of the law and Islamic principles.
The intent of Islamic law and the objectives of the legislation are central.
c. Sharia Conformity
All interpretations must be consistent with Islamic jurisprudence.
If statutory provisions conflict with Sharia, Islamic law prevails.
d. Constitutional Consistency
Laws and their interpretation must comply with constitutional provisions.
The Guardian Council may annul laws incompatible with the Constitution or Sharia.
4. Judicial and Oversight Role
The Judiciary of Iran applies statutes and Islamic law.
The Supreme Court interprets laws and ensures consistent application.
The Guardian Council reviews statutes for compliance and can veto legislation.
The Expediency Discernment Council resolves conflicts between the Parliament and Guardian Council.
5. Summary Table
| Feature | Description |
|---|---|
| Legal Tradition | Islamic law combined with civil law |
| Primary Interpretation | Literal meaning, purpose, and Sharia conformity |
| Constitutional Supremacy | Constitution and Sharia take precedence |
| Key Institutions | Judiciary, Guardian Council, Expediency Council |
RELATED Blog
0 comments