Iran Legal Profile

Iran possesses a theological legal system, grounded in civil and Islamic law. The Assembly of Experts is the highest Constitutional body, although the Supreme Leader has absolute power over all government institutions, including the judiciary, and also acts as the commander of the armed forces, including the Iranian Revolutionary Guards Corps. The head of the judiciary and the speaker of parliament are both loyal to the Supreme Leader, who can, in any case, reverse parliamentary decisions by decree. Article 4 of the Constitution enshrines the role of Sharia in all aspects of Iranian life, stating, ‘All civil, penal, financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic criteria.’

The Iranian Court System is categorised and has the Supreme Court at its apex. Further courts include criminal, family, and administrative courts. Although Article 156 of the Constitution upholds the judiciary’s independence, in reality the judiciary is tightly controlled. The Supreme Leader appoints the head of the judiciary, who in turn selects the senior judges in civil, criminal, military and revolutionary courts. Religious courts are also beholden to the religious leader of Iran: The Supreme Leader.  Nevertheless, the judiciary’s most major issue is rampant corruption. With regards to political cases, the intelligence services determine the verdict of the trial, whilst influential Iranians can be granted impunity or influence the outcome of a trial in their favour owing to entrenched patronage systems. There are also numerous reports of bribes and irregular payments being exchanged in return for favourable verdicts. There are a number of anti-corruption laws, but in practice they are rarely implemented. Indeed, the head of the judiciary, Sadeq Larijani, reportedly owns 63 bank accounts for embezzled public funds.

The 1928 Civil Code of Iran, last amended 1982-3, is the primary source of Iranian contract law. This Code with a range of topics from obligations, employment, personal status and family law. Meanwhile, the 1969 Commercial Code defines the formation of joint stock companies and their operations; The 1990 Labour Code is the primary source of law governing employer-employee relations. There are also a range of important penal laws which cover a large range of offences, including religious offences. The 1991 Penal Code is the primary source of penal law, but the 2013 Islamic Penal Code also defines hudud, qisas and diyat crimes, of which there can be severe punishments. The Law of Political Crime defines what may be considered a political crime, including the publication of ‘false material’ and insulting politicians.

Iran is a signatory to several international treaties and conventions, including the Geneva Conventions, the Framework Convention on Climate Change, the Terrorist Financing Convention and the Joint Comprehensive Plan of Action. Iran is also a member of the Organisation of Petroleum Exporting Countries, the Organisation of Islamic Cooperation, the World Health Organisation and the World Trade Organisation. Iran is repeatedly accused of violations of international law, in several categories, from being declared a state sponsor of terrorism to violations of human rights.

Need advice? If you’d like further information, or to discuss working with us, you can get in touch via our Contact Us page