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Impact of Religion on Iranian Litigation Forms (brief overview)
Doctor of Law, Assistant Professor of Civil Procedure and Comparative Law
at the Islamic Azad University Central Tehran Branch (IAUCTB)
The article briefly presents a look at the influence of the religious plants of Islam on the effectiveness of the various forms of protection of civil rights, the development of civil procedural law of Iran. The author points out that a distinction must be drawn between the official religion (by the Government) and those believe in ordinary people. With the traditional view of residents of small towns and villages, even if they appear only around the Palace of Justice, it will be seen by their friends and neighbors as a big sin, so the majority of disputes are settled by negotiation; urban residents often have no choice and are forced to participate in court proceedings. To borrow the French Stud Book 1806, civil procedure was carried out only on the basis of Justice of ancient books on Islamic jurisprudence. Only after the adoption of the Code of Civil Procedure in 1911, modern standards of jurisprudence has firmly settled in the Iranian legal system.
Keywords: Islamic law; Iran’s civil process; the principle of the independence and impartiality of the court.
Information about the author
Majid Purostad (Teheran) – Doctor of Law, Assistant Professor of Civil Procedure and Comparative Law at the Islamic Azad University Central Tehran Branch (IAUCTB) (Enghelab st., Ferdowsi sq., Tehran; e-mail: [email protected]).