I Le. from 6.12.1378 to 30.12.1379 according to the Iranian calendar. I Majmula[b]Qawanin, 1379, pp. 1881-1882; Ruznami yiRasmi, 14.1.1380, No. 16338. Majmu`a(bJQamanin (hereinafter referred to as MQ) is the Collection of Laws which is
cont. published annually by the judiciary, and Rxznami�iRasmi (hereinafter cited as RR) is the Official Gazette of the Islamic Republic of Iran which is published by the same organization. 3 For a short introduction to this Act, see this 2'tarbook, vol. 5 (1998-1999), p. 236. 4 See the text of the Act (which consists of six articles) in MQ, 1375, pp. 1158-1160. 5 MQ, 1379, p. 1754. 6 See this T'earbook vol. 5 (1998-1999), pp. 238-239. MQ, 1379, pp. 31-35. 8 Articles 187-191. 9 MQ, 1379, pp. 81-168. For the relevant provisions, see pp. 162-163.
10 MQ, 1379, pp. 2002-2007. 1� This organization is part of the judiciary.
12 See this statute in MQ, 1378, pp. 951-952; RR, 26.12.1378, No. 16040. 13 Article 156 states that "the judiciary is an independent power that protects the individual and social rights, is responsible for the implementation of justice, and entrusted with the following duties: (1) investigating and passing judgment on cases of injustice, transgressions and complaints; resolving lawsuits and settling disputes; and the taking of all necessary decisions and measures in probate or non-litigious matters as the law may determine; (2) restoring public rights and promoting justice and legitimate freedoms; (3) supervising the proper enforcement of laws; (4) detection of crimes; prosecuting, punishing and chastising criminals; and executing the provisions of enacted Islamic penal laws; and (5) taking appropriate measures to prevent crime and to reform criminals". 14 See the Periodic Transfer of Judges Act in MQ, 1375, pp. 1158-1160. See also this Yearbook, vol. 5 (1998-1999), p. 236. 15Ibid., pp. 243-244.
16 For a brief introduction to this institution, see ibid., p. 245. 17 Interpretative law here means a law that explains the meaning of preceding and past laws and naturally such a law has retrospective effect. The application of interpretative law to the past is not inconsistent with Art. 4 of the CC, as the interpretative law does not establish a new rule but interpreting the true meaning of the past laws. For the definition of an interpretative law, see N. Katouzian, Muqaddimi-yi'Ilm-i Huquq, 22nd edn, Tehran, 1365, p. 231.
18 Judgment 647-28.10.1378, MQ, 1378, pp. 861-864. 19 MQ, 1379, pp. 562-563.
20 The PGRCC consists of two books. The first book deals with civil procedure. The second book, which is on criminal procedure, was adopted by the Judicial and Legal Affairs Committee of Parliament, under Art. 85 of the Constitution, for three years on an experimental basis. The second book was briefly explained in the previous volume of this 1"earbook, vol. 6 (1999-2000), pp. 335-339. zl MQ, 1379, pp. 177-254; RR, 11.2.1379, No. 16070. zz For the English text of the CPC, see M. Sabi, CivilProcedureCodeof Iran, 2nd edn, Tehran, 1976. 23 Article 167 of the Constitution states that: "A judge is bound to endeavour to decide each case on the basis of the enacted law. In case of the absence of such a law, he has to deliver his judgment on the basis of authoritative sources of Islamic law or authoritative legal opinions. He cannot, on the pretext of the silence of or inadequacy of law in the matter, or its ambiguity, or contradiction of the enacted laws, refrain from considering a case and delivering his judgment". 24 R.M. Khomeini, Tahriral-Wasi/.ah, vol. 2, 3rd edn, Beirut, 1981, p. 407; Shahid II (Z. AI- Juba'i al-'Amili), Al-Rawdatal-Bahiyyaah fiSharbat-Lutnatal-Dimashqiyyah, vol. 3, Beirut, n.d., p. 62. zs Ijtihad has been defined by Anderson as going back to the original sources and deduce the rule of law applicable to any particular case. J.N.D., Anderson, "Law Reform in the
cont. Middle East", International Affairs, 1956, vol. 32, p. 44. See also J. Schacht and D.B. Macdonald, "Idjtihad", in Encyclopediaof Islam, vol. 3, new edn, 1971, pp. 1026-1027. For the qualifications of a mujtahid under Shiite law, see Shahid II, ibid., pp. 62-66; M.T Hakim, Al-Usul al-Ammah lil-Fiqh al-Muqarin, Beirut, 1963, pp. 559-635. 26 Khomeini, op.cit., p. 407. i� For details, see Arts. 326 et req. Z$ Articles 10-30. i9 Articles 31-17. 3o Articles 48-325.
34 Articles 454-501. as Articles 502-514. as Articles 515-527.
37 MQ, 1379, pp. 46-47. 38 MQ, 1379, pp. 1404-1405.
39 Article 37 states: "Innocence is to be presumed, and no one is to be held guilty of a charge, unless his or her guilt has been proved by a competent court." 40 Judgment 645-23.9.1378, MQ, 1378, pp. 864-867. '�1 This Yearbook, vol. 6 (1999-2000), pp. 341-342.
aZ MQ, 1379, pp. 1423-1424. a3 Ibid., pp. 395-396.
44 Ibid., pp. 1061-1071. 45 For the text of the Convention, seeInternationalLegalMaterials, 1995, vol. 34, pp.1322-1339. 46 MQ, 1379, pp. 1217-1239. .7 Article 139, interalia, states that: "the settlement of disputes relating to public and state property, or referring them to arbitration in every case is dependent on the approval of the Council of Ministers. Parliament must be informed of these matters. In cases where one party to the dispute is a foreigner as well as in important cases in domestic disputes, the approval of Parliament must be obtained." 4a For the text of the Protocol, see InternationalLegalMaterials, 1988, vol. 27, pp. 627-630. 49 For the text of the Convention, seeInternationalLegal Matcrials, 1971, vol. 10, pp.1151-1156. 50 MQ, 1379, pp. 2057-2061.