An Overview of the Iranian Legal System

By Mohammad Soltani and Nafise Shooshinasab

Mohammad Soltani is an Assistant Professor at the Department of Public Law and Economic Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.

Nafise Shooshinasab is a Ph.D. student at the Common Law Section of the University of Ottawa and holds a Ph.D. in Private & Islamic Law at the University of Tehran, Tehran, Iran.[1]

Published July/August 2022

(Previously updated by Maliheh Zare in August 2015)

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1. Introduction

The Islamic Republic of Iran (Iran) is located in the Middle East, sharing land boundaries with Afghanistan and Pakistan in the East, Turkey and Iraq in the West, and Azerbaijan, Armenia, and Turkmenistan in the North. It borders Persian Gulf and the Gulf of Oman in the south and the Caspian Sea in the north.[2] The population of Iran as of 2016 is 79,926,270.[3] Its area is 1,648,195 square kilometers. The official language of Iran is Farsi (Persian). Under Article 12 of the Constitution, the official religion is Shia Twelver Islam. The Iranian official calendar is the solar calendar and starts as of the migration of the Prophet Mohammad from Mecca to Medina (hijrī-shamsī). Friday (and Thursday in some metropolitan cities) is (are) the weekly holiday(s).[4]

Several monarchs ruled Iran until the 1979 Islamic Revolution, the last of which was Mohammadreza Pahlavi as the head of Pahlavi dynasty. Since 1979, the Iranian State is an Islamic State under Article 2 of the 1979 Constitution of the Islamic Republic of Iran as amended in 1989 (hereinafter, the Constitution).

Under the Constitution, the Iranian economy has three sectors: public, private, and cooperative. After the 1979 Islamic Revolution in Iran, almost all strategically situated economic sectors became nationalized or expropriated for the purpose of redistribution of wealth. Under Article 44 of the Constitution, the government has owned all major industries.[5] In that sense, it can be compared to economies in former communist states. In 2008, a new wave of criticism over the disproportionate state ownership and its inefficiencies in promoting economic development in the country brought attention to Article 44 of the Constitution. The Law on Implementation of Article 44 of the Constitution was drafted, redefining the limitations on private sector participation in the economy. The law kept the core management of the government in main industries and allowed privatization of all other activities or participation of the private sector in expanding the previously public sector (Articles 2 and 3).[6] The process aimed at a move toward a market economy, and there exists policy to achieve the full privatization.

The Iranian Legal System is structured as a combination of Islamic law and a civil law system adapted from the French civil law system. For example, while family law and rules governing heritage are mostly derived from Islamic law, civil law procedures, criminal law procedures, and commercial law are mostly inspired by the civil law system. The government consists of the Supreme Leader and the executive, legislative, and judicial powers. In this section, a summary of each institution will be provided.

2.1. The Supreme Leader (Welāiat-i faqīh)

The Supreme Leader is the head of the country and leads Iran in political, social, and economic matters. The first Supreme Leader was Ayatollāh Siyyid Rūhullāh Khomeynī (1979–1989), succeeded by Ayatollāh Siyyid Ali Khāminiī (1989–present). According to Articles 107 to 109 of the Constitution, the Supreme Leader is elected by the Assembly of Experts and is appointed for life.[7] He must be an Islamic jurist (faqih), just, pitiful, courageous, and in possession of a deep understanding of political and social issues. Under Article 110 of the Constitution, the duties of the Supreme Leader are as follows:

  • Delineation of the general policies of the Islamic Republic of Iran after consultation with the Expediency Council.
  • Supervision over the proper execution of the general policies of the system.
  • Issuing decrees for national referenda.
  • Assuming supreme command of the armed forces.
  • Declaration of war and peace, and the mobilization of the police and military.
  • Appointment, dismissal, and acceptance of resignation of:
    • The fuqahā on the Guardian Council.
    • The supreme judicial authority of the country.
    • The head of the radio and television network of the Islamic Republic of Iran.
    • The chief of the joint staff.
    • The chief commander of the Islamic Revolution Guards Corps.
    • The supreme commanders of the armed forces.
  • Resolving differences between the three wings of the armed forces and regulation of their relations.
  • Resolving problems which cannot be solved by conventional methods, through the Expediency Council.
  • Signing the decree formalizing the election of the President of the Republic by the people.
  • Dismissal of the President of the Republic, with due regard for the interests of the country, after the Supreme Court holds him guilty of the violation of his constitutional duties, or after a vote of the Islamic Consultative Assembly testifying to his incompetence.

Pardoning or reducing the sentences of convicts, within the framework of Islamic criteria, on a recommendation (to that effect) from the Head of the Judiciary.[8]

2.2. Legislative Power

Under Articles 62 to 99 of the Constitution, the legislative power consists of the Islamic Consultative Assembly (Parliament), Guardian Council, and Expediency Council.

Islamic Consultative Assembly/Parliament (Majlis Shurā-yi Islāmī): According to Articles 62 to 70 of the Constitution, Parliament members are elected directly by the people’s secret ballots for a four-year term. The number of members from each province is determined based on its population and political and geographic factors. The number was originally 270 and increases by a maximum of 20 members for each ten-year period. Religious minorities, including Zoroastrians, Jews, and Christians, elect their representatives. The latter has three representatives and the former two have one representative each. Currently, the Iranian Parliament has 290 members and is considered legally in session with the presence of two-thirds of these members.[9] The sessions must be open, and the minutes must be available to public live by radio and printed in official gazette.

Under Articles 71 to 93 of the Constitution, the Parliament has the following duties:

  • Pass and interpret all laws, excluding the domains reserved in the Constitution. Bills are proposed in two ways: they may either be proposed by the government after the approval of the Council of Ministers or with the approval of a minimum of 15 of Parliament members.
  • Investigate public affairs and approve international treaties, agreements, loans, and aid.
  • Issue a vote of confidence to the Council of Ministers.
  • Pose a question to the President or any minister. It may also interpolate the President, the Council of Ministers, or an individual minister.

Guardian Council (Shurā-yi Nigahbān): According to Articles 91 to 99 of the Constitution, the Guardian Council has 12 members equally divided to religious scholars (Fuqaha) appointed by the Supreme Leader and jurists introduced by the Head of Judiciary and elected by the Parliament. The Guardian Council has the following duties:

  • Monitor all drafts passed by the Parliament to ensure that they are in accordance with Shariā (Islamic law) as determined by fuqaha and the Constitution as determined by its jurists.
  • Interpret the Constitution with the vote of three-fourths of its members.
  • Supervise all elections and referenda.

Expediency Council (Majma’a Tashkhīs-e Maslahat): Under Article 112 of the Constitution, the Expediency Council members are appointed by the Supreme Leader on a permanent or temporary basis. It is vested with the responsibility to resolve the conflicts between the Guardian Council and the Parliament. It also issues consultations to the Supreme Leader upon his reference.

2.3. Executive Power

According to Articles 113 to 151, the President is the head of the executive power and appoints the Ministers and Deputies.

The President: According to Articles 114 to 122 of the Constitution, the President is elected for a maximum of two consecutive four-year terms by the direct secret vote of the people by absolute majority in the first round. If a majority is not achieved in the first round, the candidates with the greatest number of votes will compete in the second round and the candidate with the most votes will be elected as the president. After the election, the President is appointed by the Supreme Leader and takes the oath.

Under Articles 123 to 130 of the Constitution, the President has the following duties:

  • Sign laws passed by the Parliament, with the duty to enforce them.
  • Sign international treaties and agreements as the representative of Iran.
  • Appoint the ambassadors proposed by the foreign minister.

Upon the sickness, death, or absence of the President, his first deputy must fulfill his duties, according to Articles 131 and 132 of the Constitution.

Ministries: Under Articles 133 to 136 posit that the President appoints the ministers and introduces them to the Parliament for approval. In case of the dismissal by the President, resignation, disapproval, or interpolation of any individual minister, he/she is dismissed. Article 138 states that each individual minister and the Council of Ministers has the right to issue administrative regulations to implement laws.

According to Article 137 of the Constitution, “each of the ministers is responsible for his duties to the President and the Parliament, and in matters approved by the Council of Ministers as a whole, he is also responsible for the actions of the others.”

2.4. Judicial Power

Articles 156 to 174 of the Constitution regulate the judiciary. The judiciary is an independent power from the Executive and Legislative branches and the Head of Judiciary is appointed by the Supreme Leader. He appoints the head of general and specific courts. According to Article 156 of the Constitution, the Judiciary has the following duties:

  • Investigate and pass judgment on grievances, violations of rights, and complaints; resolve litigations; settle of disputes; and take all necessary measures in probate matters as the law may determine.
  • Restore public rights, and promote justice and legitimate freedoms.
  • Supervise the proper enforcement of laws.
  • Uncover crimes; prosecute, punish, and chastise criminals; and enact penalties and provisions of the 2013 Islamic Penal Code.
  • Take suitable measures to prevent the occurrence of crime and to reform criminals.[10]

Under Article 160 of the Constitution, the relationship between the judicial, executive, and legislative powers are managed by the Minister of Justice who is appointed by the President from the nominees introduced by the Head of Judiciary.

2.4.1. Court System

Currently, the court system consists of general and specific courts.[11] General courts have general jurisdiction to hear all cases, except for cases within the jurisdiction of the specific courts. In most courts, in addition to preliminary hearing, parties have the right to pleading to the court of appeal. The courts’ decisions (as opposed to the Supreme Court’s and Administrative Court’s authoritative decisions as for future cases) do not have any precedential value and are not usually codified or documented for the future reference by other courts.

General courts have the jurisdiction to hear all cases unless it is with the jurisdiction of a specific court by the law. The general courts consist of preliminary and courts of appeals. The preliminary courts and courts of appeal are divided into civil and criminal courts. Also, there are some semi-judicial and non-judicial bodies that hear cases.

2.4.1.1. Dispute Settlement Councils

Dispute Settlement Councils are part of the judiciary but are supposed to function as an alternative dispute resolution body. They were first established under Article 189 of the 2001 Third Economic, Social, and Cultural Development Plan. In 2009, the Dispute Settlement Councils Law was enacted by the Iran’s Islamic Parliament for a probationary period of five years. Later, in November 2015, another law with the same title was enacted by the Iran’s Islamic Parliament for a probationary period of three years, the deadline of which has been extended to present.

According to Articles 8 and 10 of the Dispute Settlement Councils Law, parties to a dispute may agree on filing their case in dispute settlement councils except in cases regarding marriage, divorce, waqf, will, bankruptcy, lack of capacity, and public and government owned properties.

Under Article 9 of the Dispute Settlement Councils Law, in the following cases, the council judge, in consultation with the council members, shall hear the case and proceed to issue a judgement:

  • Financial claims regarding movable property up to the quorum of 200 million rials, except for cases that are still open on the date of entry into force of this law.
  • All claims related to the eviction of the rental property, except for claims related to goodwill and the right of business.
  • Rent adjustment claims, provided there is no dispute on the lease conditions.
  • Issuing a certificate of inheritance, writing the will, sealing the will, and removing it.
  • Claim of insolvency from payment of the damages if the council has heard the substance of the case.
  • Family claims regarding dowry and alimony up to the quorum specified in paragraph (a) if they are not subject to Article 29 of the Family Protection Law enacted on 12/1/2012.
  • Evidence gathering.
  • Ta’zir crimes that are only subject to the punishment of the eighth-degree fine.[12]

Note 1: The value of the relief sought is determined based on its real value. If there is a dispute between the litigants regarding the value of the relief sought and the dispute is effective in the jurisdiction of the council, or the judge of the council doubts about it, the judge will determine the value of the relief sought directly or with the opinion of an expert before the start of the hearing.

Note 2: The Dispute Resolution Council is not competent to issue an order of flogging and imprisonment.

Note 3: The competence of the village dispute resolution councils located in the villages is restricted to peace and compromise decisions. Under Article 27 of the Dispute Settlement Councils Law, all judgements issued under Article 9 of this law can be appealed within 20 days from the date of notification. The appellate court is the General Legal Court or Second-Class Criminal Court of the same jurisdiction. If the appellate authority violates the issued judgements, it will issue a verdict directly. This decision is final. If the case is within the competence of another authority, it will send the case to the competent authority.

2.4.1.2. Civil Courts

Civil courts hear local pecuniary and nonpecuniary civil disputes that are not within the jurisdiction of Dispute Settlement Councils ( Shurāhā-I hal-i ikhtilāf ).[13]

Family courts: Under Article 4 of the 2013 Family Protection Law, family courts hear following cases:

  • Engagement and related damages.
  • Permanent and temporary marriage
  • Marriage contract clauses
  • Permission to remarry and remarriage.
  • Marital property brought in by wife.
  • Dowry.
  • Alimony and payments for wife’s services.
  • Refusal of performing the conjugal duty by wife.
  • Divorce, nullification of marriage, and termination of temporary marriage.
  • Custody and parental visitation right.
  • Parentage.
  • Capacity.
  • Guardianship.
  • Alimony for family members other than wife.
  • Managing an absentee’s property.
  • Guardianship of orphans.
  • Embryo transplant.
  • Sex reassignment surgery.

According to Article 2 of the 2013 Family Protection Law, the court’s members consist of one male judge and one female consulting judge. The male judge issues the final decision after consulting the written opinion of the female consulting judge.

2.4.1.3. Criminal Courts

Criminal courts hear criminal cases and have been going through recent structural changes. The new Islamic Penal Code and Criminal Procedure Code, passed respectively in 2013 and 2014 that is revised in 2016, are the most recent changes in the Iranian criminal justice system. Under Article 294 of the 2014 Criminal Procedure Act, the criminal courts are as follows: First Class Criminal Court, Second Class Criminal Court, Revolutionary Court, Juvenile Court, and Military Court.[14] [14]

First Class Criminal Court: Three judges sit in First Class Criminal Courts. The sessions are formal if two of the three members are present (Article 296 of the 2014 Criminal Procedure Code). At the discretion of the head of the judicial power, First Class Criminal Court is established in the center of the province in counties (Note 1 of the Article 296 of the 2014 Criminal Procedure Code). Under Article 302 of the 2014 Criminal Procedure Code, First Class Criminal Court has jurisdiction to hear the following cases: capital punishment cases, life sentences, limb amputation and body injuries with a half of blood money (Deeyah) punishment or more, degree three and higher felonies, political crimes, and press crimes. Under Article 305 of the 2014 Criminal Procedure Code, First Class Criminal Court has jurisdiction to hear political and press crimes. A jury must be present at such trials.

Second Class Criminal Court: Only one judge sits in the Second Class Criminal Court (Article 295 of the 2014 Criminal Procedure Code). Second Class Criminal Courts are based in counties. Under Article 299, the Head of the Judiciary may decide to establish county courts instead of Second Class Criminal Courts with the same jurisdiction. Second Class Criminal Court has a general jurisdiction to hear all cases except cases within jurisdiction of other courts. (Article 301).

Revolutionary Court (Dādgāh Inghilāb): Under Article 297 of the 2014 Criminal Procedure Code, the Revolutionary Courts are in session with three judges in capital punishment, life sentence, limb imputation, and felonies on body injuries with a minimum of half worth of blood money punishment. In other cases, the court only has one judge.

Revolutionary Courts have jurisdiction to hear:

  • All crimes against national and international security; muhāribih or baqi and ifsād-i fi-l-arz (national armed terrorism)—respectively defined and criminalized in Articles 279 to 285 and Articles 286 to 288 of the 2013 Islamic Criminal Code; rebellion, collusion and gathering against the Islamic Republic of Iran; or armed action, arson attack, destruction, and waste of properties in order to stand against the regime.
  • Insults against Imam Khumeini and the Supreme Leader.
  • All crimes related to drugs, psychotropic substances, and their precursors and the smuggling of weapons, ammunition, and other relevant items.
  • Other cases under laws designating the revolutionary court as the court with jurisdiction (Article 303 of the 2014 Criminal Procedure Code).

The examples of such cases are crimes under Article 49 of the Constitution and some financial crimes. Under Article 49 of the Constitution, the state must confiscate the income generated from ribā, qasb, bribery, embezzlement, larceny, gambling, misusing waqf, fraud (misusing) in governmental contracts and transactions, sale of mawāt and mubāhāt land, establishing brothels and other non-sharī’a activities. The retrieved property must be returned to the owner and in the cases that the owner is unidentified the retrieved property has to be deposited to treasury (biyt-ul-māl).

Financial crimes subject to the jurisdiction of revolutionary courts are:

  • Disruption of monetary or foreign currency order in the country through bulk cash (foreign currency) smuggling, production or smuggling of counterfeit national or foreign coins or banknotes.
  • Bulk food hoarding and selling food or agricultural products at a more expensive price than the price approved by the government.
  • Causing disorder in technical machines and raw materials market or bulk bribery in receiving production licenses with the effect of productivity policies of the government.
  • Attempt to smuggle the cultural heritage or national assets, even if unsuccessful. Smuggled property will be confiscated by the government.
  • Accepting bulk amounts of money from real or legal persons in the name of muzāribih (partnership) and wasting said money or disrupting the national economy.
  • Group plotting to disrupt national export order by fraud in letters of credit or pricing fraud.
  • Network marketing (added in 1384 [2006]) (Note: The cases filed before the amendment may be heard based on the rules in effect at the time).[15]

Juvenile Court: Under Article 298 of the 2014 Criminal Procedure Code, Juvenile Courts have a judge and one consultant who has no authority to vote. Juvenile Courts are based in counties, and the number of branches in each county varies.

According to Article 304 of the 2014 Criminal Procedure Code, Juvenile Courts have jurisdiction to hear cases against children under 18. If the defendant reaches 18 during trial Juvenile Court will continue the trial. However, if before the trial starts, the defendant reaches 18, the case would be referred to a criminal court with jurisdiction. In the latter case, the defendant will still benefit from the privileges of trials in Juvenile Courts.

Military Court: According to Article 597 of the 2014 Criminal Procedure Code, crimes related to special military and disciplinary duties of members of the armed forces, except for crimes committed by the executive officers of the justice, shall be dealt with in the judicial organization. Crimes related to special military and disciplinary duties are crimes committed by members of the Armed Forces in connection with military and disciplinary duties and responsibilities that are designated to them in accordance with the law and regulations (Note 2). Dismissal from service shall not prevent the hearing of the crime cases during employment in a military court (Note 3). A crime in the position of an executive officer of the justice is a crime that these officers commit while performing their legal duties relating to flagrant offences or in order to implement the order of a judicial official of the department of justice (Note 4).[16]

2.4.1.4. Supreme Court

The Supreme Court is the highest court of appeal of both civil and criminal cases.[17] According to Article 462 of the 2014 Criminal Procedure Code, the Supreme Court is based in Tehran, and each court branch has three judges consisting of one chief justice and two associate justices. One of the main tasks of the Supreme Court is to monitor the important decisions made by the lower courts. The following judgements can be subject to appeal to the Supreme Court:

  • Regarding civil claims, the following claims can be appealed in the Supreme Court:
    • According to Article 367 of the 2000 Civil Procedure Code, the judgements of the district courts which have been finalized due to the lack of an appeal in the appeal court cannot be appealed in the Supreme Court except in the following cases:
      • Judgements requiring the payment of more than 20 million rials.
      • Judgements on the very conclusion of marriage and its termination, divorce, lineage, stoning, waqf, third, imprisonment, and guardianship.
    • According to Article 368 of the 2000 Civil Procedure Code, the decisions of the appeal courts of the province cannot be appealed in the Supreme Court except in the following cases: judgements on the very conclusion of marriage and its termination, divorce, lineage, stoning, and waqf.
  • Regarding criminal actions, the following actions can be appealed in the Supreme Court:
    • According to the Article 427 of the 2014 Criminal Procedure Code, the judgements of the criminal branch courts can be appealed in the provincial court of appeal of the same jurisdiction or in the Supreme Court of the country, except in the following cases, which are considered final:
      • Ta’zir crimes, which are of the eighth degree.
      • Crimes requiring the payment of blood money or Arsh, if the required amount is less than one-tenth of the full blood money.
  • Sentences issued for crimes punishable by death, amputation, life imprisonment or third or higher ta’zir, intentional crimes against physical integrity for which the amount of blood money is half of the full blood money or more, and sentences on political and press crimes can be appealed to the Supreme Court (Article 428 of the 2014 Criminal Procedure Code).

Article 469 of the 2014 Criminal Procedure Code provides that during the hearing, the associate justice reads aloud the case report and the contents of the important papers, and the parties or their lawyers, if present, can express their views with the permission of the head of the branch court. The attorney general or his representative shall also appear at the judicial branch and express their views regarding the quashing or confirmation of the appealed sentence or the sentence that has been object of protest in a well-reasoned, documented, and written manner. Then, the members of the judicial branch, according to the contents of the case and the contents of the report and the stated contents, with mention of the opinion of the attorney general or his representative in the text of the judgement, make the following decision:

  • If the sentence is in accordance with the law and the evidence in the case, upon its confirmation, the case shall be returned to the court issuing the sentence.
  • If the order is issued against the law either because it is issued without considering the arguments and defenses of the parties or because the legal formalities are not observed and those formalities are of such a degree that the sentence is invalidated, the branch of the Supreme Court violates the verdict and proceeds as follows:
    • If the convicted party’s committed act, even if proven, is not a crime or cannot be prosecuted in terms of the general amnesty or other legal reasons, the issued sentence shall be quashed without retrial.
    • If the issued sentence is of the type of writ or order, which has been quashed due to incomplete investigation, it will be referred to the court issuing the sentence for reconsideration.
    • If the sentence is quashed due to the inherent incompetence of the court, the case will be sent to a branch that the Supreme Court deems competent, and the said branch is obliged to investigate.
    • In other cases, after quashing the sentence, the case is referred to the parallel court.

In cases where the Supreme Court quashes the sentence due to a lack of investigation, it is obliged to mention all details of investigation failure (Note of the Article 469 of the 2014 Criminal Procedure Code).

According to Article 470 of the 2014 Criminal Procedure Code, after quashing the sentence in the Supreme Court, the reviewing authority acts as follows:

  • In case of quashing the sentence due to the incompleteness of the investigation, it must conduct the investigation requested by the Supreme Court and then proceed to issue a sentence.
  • In case of quashing the writ and the necessity of substantive investigation, it must follow the opinion of the Supreme Court and decide on the substance, unless after quashing, a new direction for issuing the writ appears.
  • In case of quashing the sentence in other cases, the court can insist on the provisions of the previous court’s judgement. If this sentence is appealed and the branch of the Supreme Court, after review, accepts the court’s argument, it will confirm the sentence, otherwise the case will be presented to the general assembly of the criminal courts. If the opinion of the court issuing the sentence is approved, the sentence will be confirmed and if the opinion of the branch of the Supreme Court is confirmed, the sentence will be quashed, and the case will be referred to another judicial branch of the court. The court will issue a judgement based on the reasoning of the general assembly of the Supreme Court. This judgement is final and cannot be appealed. If the general assembly cannot hear the case due to a defect in the investigation, it shall return the case to the branch of the Supreme Court, with mention of the details of defect. The branch of the supreme court shall act in accordance with part (2) of paragraph (b) of Article (469) of 2014 Criminal Procedure Code.

The Supreme Court as a court of appeals does not issue a substantive decision. It only reviews cases with regards to the application and interpretation of law. The Supreme Court then sends the case to the lower court to review the facts and the law for a second time and issue a new decision. Lower courts do not have to comply with the Supreme Court’s decision. If the lower court issues the same decision as its earlier decision and the defendant appeals again, the case will be referred to the Supreme Court General Council in case the Supreme Court still issues a similar decision to its previous decision.

The Supreme Court also has jurisdiction to settle disputes between two courts from two different provinces on their jurisdiction to hear a case (Note to Article 27 of the 2000 Civil Procedure Code). According to Article 418 of the 2014 Criminal Procedure Code, at any stage of the criminal proceedings, the transference of a case from one jurisdiction to another jurisdiction of a province, as the case may be, is at the request of the prosecutor or the head of the jurisdiction of the county where the case has been initially opened and with the consent of the first judicial branch of the provincial appeal court, and the transference from one jurisdiction to another is at the request of the same persons and the consent of the Supreme Court of the country.

In the case of crimes under the jurisdiction of the Judicial Organization of the Armed Forces, transference shall be made at the request of the military prosecutor or the head of the Judicial Organization of the province with the consent of the head of the Judicial Organization of the Armed Forces (Note of Article 418 of the 2014 Criminal Procedure Code).

Under Article 419 of the 2014 Criminal Procedure Code, transferences are made in the following cases:

  • The accused or most of the accused persons reside in another court’s jurisdiction.
  • The place where the offence was committed is far from the competent court, so that another court, due to its proximity to the place of its occurrence, can more easily deal with the matter.

The transference of the case should not be of a quality that causes inconvenience to the plaintiff or private complainant (Note of Article 419 of the 2014 Criminal Procedure Code). Furthermore, under Article 110 (10) of the 1979 Constitution, the Supreme Court hears cases against the President as a pre-condition for the Supreme Leader to be able to dismiss the President.

Also, Article 28 of the 2000 Civil Procedure Code provides that if there is a dispute between the General, Military, and Revolutionary Courts over jurisdiction, as well as in cases where the courts, including the General, Military and Revolutionary Courts either deny their jurisdiction in favor of the jurisdiction of non-judicial authorities or consider themselves competent, the case will be referred to the Supreme Court to resolve the dispute. The decision of the Supreme Court regarding the determination of jurisdiction is binding. According to Article 317 of the 2014 Criminal Procedure Code, resolving jurisdictional disputes regarding criminal cases is in accordance with the 2000 Civil Procedure Code.

Finally, the Supreme Court has jurisdiction to grant a motion to reopen closed criminal cases.

The Supreme Court General Council: The Supreme Court General Council hears cases regarding the conflict of interpretation of civil or criminal laws by different lower courts. The interpretation of the Supreme Court General Council has precedential value and can only be overruled by another decision by the Supreme Court General Council or subsequent legislation by the Parliament. (Article 471 of the 2014 Criminal Procedure Code).

2.4.1.5. Non-Judicial Dispute Settlement Bodies

Article 100 of the Municipal Code Committee: A committee is established under Article 100 of the Municipal Code to hear the cases regarding construction without a building permit and violation of building permits. In each city, the municipality brings the cases in the committee established in that city. The committees have three members, including one nominee from the Ministry of Internal Affairs, one from the Judiciary, and one from the City Council. Also, the representative of the municipality attends the sessions to answer questions without a right to vote. The decision issued by the committee can be appealed. The appeal is heard in another committee (with different members from the preliminary committee, which is designated informally as the appeal committee). The decisions issued from the second committee are final but can be appealed to the Administrative Court (Article 10(2) of Administrative Court Act.).

Employee–Employer Dispute Settlement Body: Articles 157 to 166 of the 1990 Labor Law provided for the establishment of a non-judicial body to hear the disputes between employees and their employers. It includes a preliminary Dispute Settlement Body and Appellate Body. Both operate on a provincial level.

The Dispute Settlement Body has three members, including a nominee from the Ministry of Labor and Social Security, a nominee from employees appointed by the Council of Unions in the province, and a nominee from the employers appointed by the employer’s association of the province. The decisions of the Employee–Employer Dispute Settlement Body can be appealed. The Appellate Body has nine members, three times the number of the members of Dispute Settlement Body with the same combination. The decisions of Appellate Body can be appealed to Administrative Court (Article 10(2) of Administrative Court Act.)

Tax Dispute Settlement Body: Articles 244 to 251 of the 2002 Direct Tax Law (last modified in 2020) provide for non-judicial dispute settlement on direct tax disputes.

Iranian National Tax Administration: There are two bodies hearing the cases within Tax Administration: Tax Dispute Settlement Body and High Tax Council. Tax Dispute Settlement has different chapters in every province and act as both preliminary and appellate bodies. Each chapter has three members, including a nominee from Iranian National Tax Administration, a judge, and a nominee from the industry associations. The decisions by Tax Dispute Settlement Body can be appealed. The appeal will be heard by another chamber of Tax Dispute Settlement Body with different members. The decisions of the appellate Tax Dispute Settlement Body can be appealed to High Tax Council and the latter’s decisions can be appealed to Administrative Court (Article 10(2) of Administrative Court Act.)

Privatization Arbitration Board: Under Articles 20 to 23 of the 2000 Law on Third Economic, Social, and Cultural Development Plan that has been confirmed under Article 30 of the Law on Implementation of General Policies of Principle (44) of the Constitution enacted in 2007 and last modified in 2020, disputes regarding privatizing the sectors mentioned in the Article 44 of the 1979 Constitution would be referred to arbitration. The arbitral body has seven members: five experts in industry and legal matters appointed by the Cabinet of Iran from candidates proposed by the Ministry of Economic Affairs and Finance, the Ministry of Judiciary, and the Head of Management and Planning Organization; the Head of the Iran Chamber of Cooperatives; and the Head of Iran Chamber of Commerce, Industries, Mines, and Agriculture. The arbitral decisions are valid with a minimum of five votes. The decisions can be appealed to the court within ten days after service on both parties.

Securities Market Arbitration Board: According to Articles 36 and 37 of the 2005 Securities Market Act, disputes between brokers, investors, and other parties would be mediated first within the relevant self-regulatory entities. In case of the failure to settle the dispute, the Securities Market Arbitration Board has jurisdiction to hear the cases. The arbitral tribunal has three members: one judge appointed by the Head of the Judiciary and two economic and finance experts appointed by High Council of Securities and Exchange Market and suggested by Securities and Exchange Market Organization. The decision is final and is enforceable by the Enforcement Department of State Organization for Registration of Deeds and Properties.

Iran Chamber of Commerce, Industries, Mines, and Agriculture Arbitration: An arbitral tribunal is established according to Article 5(H) of the 1994 Iran Chamber of Commerce, Industries, Mines, and Agriculture Law and the 2001 Law on Charter of Iranian Arbitral Tribunal. The Tribunal hears domestic and international trade disputes. The Tribunal is based in Tehran at Iran Chamber of Commerce, Industries, Mines, and Agriculture. Parties to a domestic or international trade agreement may choose the Tribunal as their arbitrator.

2.4.2. Administrative Court (Dīvān-i idālat-i idārī)

The Administrative Court is the highest court that hears administrative disputes, according to the 2013 Administrative Court Act, and is based in Tehran. Each preliminary branch has one judge, and each branch of court of appeals has three judges. A judge with at least ten years of experience (or a judge with five years of experience if he has a graduate degree or an equivalent in Islamic studies) can be appointed by the Head of Judiciary to the Administrative Court.[18]

In addition to preliminary and appeal courts, under Article 8, the Administrative Court General Council hears some cases. At least two-thirds of Administrative Court judges must be present at each session of General the Council, and the decision is valid by majority vote.

According to Article 10 of 2013 Administrative Court Act, Administrative Court has jurisdiction over following cases:

  • Cases that people (private parties) bring against the public (non-private, i.e., ministries, organizations, institutes, public companies, municipalities, the revolutionary institutions) employees’ decisions and actions.[19]
  • Appeals on decisions rendered by preliminary administrative courts, such as tax commissions, the Employee–Employer Dispute Settlement Body, and the Article 100 of the Municipal Code Committee.
  • Cases brought by public employees and judges regarding their employment disputes.

Under Article 12, Administrative Court General Council has jurisdiction to hear cases against administrative regulations. It can also issue a decision with a precedential value to resolve the conflict between different branches of Administrative Court or reach a consensus in repetitive cases.

2.4.3. Arbitration

According to Articles 454 to 501 of 2000 Civil Procedure of General and Revolutionary Courts Act, parties may refer their cases before or after bringing it to the court to arbitration by agreement with the agreed terms and conditions. Upon the parties’ agreement (or the death or incapacitation of any of them), the arbitration is nullified.

The following exceptions apply:

  • The parties should not refer disputes over marriage, divorce, paternity, or bankruptcy to arbitration.
  • Iranian parties should not agree on choosing an arbitrator with the same nationality as their counterparty if he/she is non-Iranian before the dispute arises.
  • Bringing a case involving public and governmental properties should be approved by the Council of Ministers and after announcing it to the Parliament.
  • In major cases and the disputes with non-Iranians, the Parliament should approve the arbitration.

2.4.4. Enforcement of Judgments and Arbitral Awards

To enforce judgments and arbitral awards, the judiciary has an enforcement department. In criminal cases, police enforce the decisions and in civil cases the plaintiff should follow up on the procedure. After filing his/her request for enforcement, the enforcement department requires complete information of immovable or movable properties of the defendant that the plaintiff wishes to fulfill the judgments from. Through sale of the properties or transfer of the ownership to the plaintiff, the judgment is enforced.

2.4.5. Lawyering

Lawyers are members of either regional bar associations or the judiciary bar.

Regional bar associations (Kānūn wukalā-i dādgustarī): Bar associations are independent non-profit non-political organizations established and managed by lawyers. To become a lawyer, applicants must meet following requirements: 1) have a bachelor’s degree in law or equivalent; and 2) successfully pass the multiple-choice bar exam, finish an 18-month training, submit an essay on a pre-determined topic, pass the oral and written qualification exam, and take the oath.[20]

Judiciary Bar (Markaz-i umūr-i mushāvirān, wukalā wa kārshināsān-i quwiy-i qazāīyih): The Judiciary established the judiciary bar in 2000. To obtain the license, applicants should take the judiciary bar exam, fulfill a six-month training, pass the final exam, and take an oath. Lawyers are admitted to a specific city and must establish their law firms in that city only, but they may file claims or defend cases in any court throughout the country.

The following are official websites currently available in Iran:

One of the leading print sources is a publication by Henri Captant titled Droit de l’Iran in French, which introduces general laws of Iran.

3.2. Official Websites

3.3. Important Libraries

3.4. Law Faculties

[1] I am grateful to Dr. Nafise Shooshinasab and Fahimeh Firouzbakht (Ph.D. Candidate) for their helpful comments.

[2] Iran Travel Guide, National Geographic’s Latest Travel Stories about Iran, http://travel.nationalgeographic.com/travel/countries/iran-facts/.

[3] https://www.amar.org.ir, last visited in 2016.

[4] Per Articles 15 to 18 of the 1979 Constitution of Islamic Republic of Iran amended in 1989.

[5] Article 44 posits that “The economy of the Islamic Republic of Iran is to consist of three sectors: state, cooperative, and private, and is to be based on systematic and sound planning. The state sector is to include all large-scale and mother industries, foreign trade, major minerals, banking, insurance, power generation, dams and large-scale irrigation networks, radio and television, post, telegraph and telephone services, aviation, shipping, roads, railroads and the like; all these will be publicly owned and administered by the State. The cooperative sector is to include cooperative companies and enterprises concerned with production and distribution, in urban and rural areas, in accordance with Islamic criteria. The private sector consists of those activities concerned with agriculture, animal husbandry, industry, trade, and services that supplement the economic activities of the state and cooperative sectors. Ownership in each of these three sectors is protected by the laws of the Islamic Republic, in so far as this ownership is in conformity with the other articles of this chapter, does not go beyond the bounds of Islamic law, contributes to the economic growth and progress of the country, and does not harm society. The [precise] scope of each of these sectors, as well as the regulations and conditions governing their operation, will be specified by law.” The Constitution of Iran is available online at http://www.iranonline.com/iran/government/constitution/.

[6] Also, the law authorized Ministry of Economic Affairs and Finance to manage the process (Article 7.5) that later established an organization for this purpose.

[7] Under Article 107 of the Constitution, the Assembly of Experts members are elected by the direct vote of the people.

[8] English Text of the Constitution of 1979 as Amended at Referendum of 7-28-1989 1 1979 at 30-31.

[9] As of June 15, 2015.

[10] English Text of the Constitution of 1979 as Amended at Referendum of 7-28-1989 at 40.

[11] The list of courts introduced in this section is not exclusive and there are other judicial and non-judicial dispute settlement bodies. This is a summary of the most important bodies.

[12] According to Article 19 of the 2013 Islamic Penal Code, ta’zir punishments are divided into 8 levels, the lightest level being eighth level as follows:

Imprisonment for up to three months

Fine up to ten million (10,000,000) Rials

Flogging up to ten blows

[13] The 1387 [2008] Dispute Settlement Councils Act (ghānūn-i shurāhā-i hal-i ikhtilāf).

[14] According to Article 307 of the 2014 Criminal Procedure Act, only Criminal Courts in Tehran have jurisdiction to hear following cases; criminal cases against the Head of Parliament, the President, and the Head of the Judiciary, their deputies, and their advisers, the Head and members of the Expediency Council, the members of the Guardian Council, representatives of the Parliament and the Council of Experts, ministers and their deputies, judges, the Head and Prosecutor of Supreme Audit Court, ambassadors, government representatives in provinces, governors in the capital cities of each province, non-military crimes of some high ranking military and police forces. In addition, under Article 140 of the Constitution, crimes committed by the President, his deputies, and ministers are heard in criminal courts after giving notice to the Parliament.

[15] Act of Punishing Disruption of National Economy (Qānūn-i Mujāzāt-i Ikhlālgarān dar Nizām-i Iqtisādī-i Kīshvar) 1369 [1990].

[16] There is also a specific court called the Clergy Courts (Dādgāh-hā-yi Vīji-yi Ruhānīat) that hear all criminal cases against clergies (Islamic jurists). Act Establishing Clergies Courts (Qānūn-i tashkīl-i dādsarāhā wa dādgāh-hāi wīji ruhānīat) 1369 [1990].

[17] For the Supreme Court jurisdiction in criminal cases see Articles 462 to 473 of the 2013 Criminal Procedure Act.

[18] Articles 1 to 4 of 2013 Administrative Court Act.

[19] After the 1979 Revolutions, some organizations were established to manage the emerging economic, social, and cultural issues in the country, including Islamic Revolution Mostazafan Foundation and Khomeini’s Underprivileged Foundation.

[20] Independence of Bar Association Act (Lāyihyeh qānūnī istiqlāl-i kānūn wukalāy-i dādgustarī) 1333[1954] and Act on How to Be Admitted to Bar Association (Qānūn-i nahviy-i akhz-i parwāniyeh wikālat) 1376[1997].