COVID-19 and Islamic Law Roundup 1/2

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Countries and communities around the world are working to contain COVID-19 and mitigate its effects. The following digest represents a variety of sources in which law, particularly Islamic law, was invoked in the decision making process. Bahrain's Ayatollah Sheikh Isa Qassim calls for the suspension of religious and social activities throughout the country. Iran cancels … Continue reading COVID-19 and Islamic Law Roundup 1/2

Iran’s Judiciary and Gender-Discriminatory Laws

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By Marzieh Tofighi Darian Three Iranian courts made headlines over the summer. A trio of decisions advancing the cause of women’s rights promised new avenues for lawyers and activists and at the same time, highlighted the shortcomings of Iran’s legal and judicial system. The decisions were delivered by three courts with different jurisdictions and various … Continue reading Iran’s Judiciary and Gender-Discriminatory Laws

Recent Scholarship: Islamic Criminal Law Conference

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During last month's conference at the University of Tehran on "Criminal Law Development in Muslim-Majority Countries," Paul H. Robinson delivered the opening and closing remarks. His remarks were recently published in Penn Law School's Public Law & Legal Theory Research Paper Series: "Codifying a Sharia-based Criminal Law in Developing Muslim Countries" The opening remarks discuss … Continue reading Recent Scholarship: Islamic Criminal Law Conference

Commentary :: Right to Counsel and the Problem of Distrust

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By Marzieh Tofighi Darian This commentary traces the evolution of the right to counsel in criminal investigations in Iran’s Criminal Procedure Code, as highlighted in the process of drafting Iran’s new Criminal Procedure Code in 2014 (amended in 2015). I argue that the legislature missed a unique chance to address its long-time practice of ignoring … Continue reading Commentary :: Right to Counsel and the Problem of Distrust

Commentary :: Whose Guardian: Sharīʿa or the Constitution? Judicial Review of Iran’s New Criminal Procedure Code

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By Marzieh Tofighi Darian This commentary analyzes the jurisprudence of the Guardian Council in reviewing Iran’s recently adopted Criminal Procedure Code 2014 (amended in 2015). It evaluates how the Council uses its authority in preserving and promoting sharīʿa and/or the Constitution and considers whether there are ways by which the Council can improve its work and enhance … Continue reading Commentary :: Whose Guardian: Sharīʿa or the Constitution? Judicial Review of Iran’s New Criminal Procedure Code