JISPIL Vol 10 Issue 2 2014 - A3

Hajar Azari

The Iranian Constitution takes an ideal view of human rights including a section on women in its introduction and specific provisions (Articles 21 and 22) on equality before the law etc. However, the rights given to individual should be compatible with Sharia. Therefore, the Iranian laws including Iranian criminal law is directly based on Iranian interpretation of Islamic law (Shiite jurisprudence). International treaties should not be incompatible with Islamic rules and constitution. In Iranian legal system, International treaties, which have been ratified by Iran, shared the parliamentary rank in Iranian legal system and can be legally invoked at domestic courts. An analysis of rules on the incorporation of international law in Iranian law, and of the status of international law within Iranian law will show that only a limited direct use can be made of international law in Iran. Although there is a degree of flexibility within Islamic law itself, the (interpretation of) requirement in Iranian law that international treaties should be compatible with Islamic law has in practice prevented individuals specially women to enjoy the protection offered by international treaties. This is particularly the case when human rights treaties deal with issues such as the rights of women, sexual crimes etc. This paper analyzes the Iranian legal system and seeks to examine the relationship between Iranian legal system and international law. In order to do so, it discusses how the Iranian Constitution and legislation deal with international law; the relation between international regulation and domestic rules, and the effects of international treaties at the domestic level will be explained as well.

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