Iran’s legal system does not prescribe the reference to custom

The third meeting of the series of meetings “Evaluation of votes issued by domestic courts with reference to documents and customs of international human rights” was held by the international law and human rights group of the Judiciary Research Institute.

According to the Public Relations and Information of the Judiciary Research Institute, the main focus of this meeting was the ability of Iranian judges to cite the custom of international human rights and to mention examples of citations. At the beginning of the meeting, Hojjat al-Islam wal-Muslimin Dr. Mehdi Hadi, the head of the Judiciary Research Institute, raised the question of whether it is possible to cite international customs and stated: If so, what are the effects of such citations?

Dr. Qasim Zamani, a member of the academic faculty of Allameh Tabatabai University, also pointed out some specific topics such as the immunity of the state, and pointed out examples of the use of customs in Iran and added: the permissibility of citing domestic customs only in some special laws indicates the lack of Prescribing the reference to custom in the first way is international custom.

Dr. Mohsen Mohebi, a member of the academic faculty of Azad University, Faculty of Sciences and Research, also took an opposing position and considered the Iranian judge’s reference to custom difficult and dangerous due to the fact that its scope is not clear and said: Basically, Iran’s legal system as a system based on written laws The judge has not given such authority.

In addition, Dr. Mohammad Javad Shariat Bagheri, a member of the academic faculty of Azad University, Tehran branch of the center, also pointed out that the reference to domestic customs was also removed from the civil law later, and stated that the Iranian legislator has not been very involved in the prescription of reference to custom and the use of custom in debates Because immunity can also be raised in the form of a countermeasure and only regarding a specific issue, not as a source of rights to issue a judge’s verdict.

Also, Dr. Ahmadreza Tawhidi, a member of Qom University’s faculty, said: There is no need to refer to international custom. Although it is possible for the judge to pay attention to such cases as additional sources, but in his opinion, the same type of references can be used by other countries against Iran when they are numerous. Such citations are especially unjustified from the point of view that in domestic laws even international treaties are considered as the law.

In this meeting, Dr. Mehdi Hadi, head of the Judiciary Research Institute, Dr. Javad Tahmasabi, director of policy analysis and evaluation of laws, Dr. Mohsen Mohebi, professor of Azad University, Science and Research Unit, Dr. Mohammad Javad Shariat Bagheri, former president of the University of Judicial Sciences, Dr. Qasim Zamani, professor Allameh Tabatabai University, Dr. Ahmadreza Tawhidi, Professor of Qom University, Hojjatul Islam and Al-Muslimeen Razi Parsamanesh, Shahrood Prosecutor and Dr. Rostami Dronkola, Counselor of Mazandaran Judicial Appeals Branch were present. It was the judiciary.

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