Report on Citizenship Law: Iran
976-991 of the Civil Code were assigned to the issue of nationality. The 1979 Constitution
allocated two principles (41 and 42) to the issue of nationality as well29.
2.4. Sources of law
Since 1906, Iranian law has consisted of mixed elements from Islamic, Shia and European legal
concepts in particular the 1804 French Civil Code 30 . Yet, there are still differences in the
sources of law before and after the 1979 Islamic Revolution. During the Monarchical regime
(before the Islamic Revolution), the sources of law were categorised into two groups of 1)
Binding sources such as statutory laws, judicial decisions of the plenary session of the Supreme
Court and urf [custom and usage] at a certain level; and 2) Persuasive sources such as doctrinal
writings, Islamic, Shia and French law, and judicial decisions in general31.
Following the 1979 Islamic Revolution, sources of law became a fusion of prerevolutionary sources and adopted rules and regulations by the State’s new organs along with
more concepts of Shia law32. A new Constitution was adopted on 2 and 3 December 1979 and
went into force replacing the Constitution of 1906. The areas of law that were considered as
un-Islamic were substantially revised33. The new Constitution stressed this matter under Article
434 by stating that all laws and regulations must comply with “Islamic criteria” in particular
with its primary source35 which resulted in an explicit predominance of the rule of Sharia36.
The pattern of the sources of law after the 1979 Revolution can be described as follows:
Mandatory sources which consist of a. Commands and views of the Juris-leader (velāyat-e
faqih)37 which was established as a principle under Article 5 of the Constitution; b. Existing
laws and legal provisions from the pre-Revolutionary laws as well as laws passed by the Islamic
29
National
Library
and
Archives
of
I.R.IRAN,
available
at:
http://www.nlai.ir/exhibition?p_p_id=exhibitionview_WAR_nlaiportlet&p_p_lifecycle=0&p_p_col_id=column1&p_p_col_pos=1&p_p_col_count=2&_exhibitionview_WAR_nlaiportlet_exid=299527.
English
version:
https://www.wipo.int/edocs/lexdocs/laws/en/ir/ir001en.pdf.
30
Parvis Owsia, ‘Sources of Law under English, French, Islamic and Iranian Law: A Comparative Review of
Legal Techniques’, Arab Law quarterly, Vol 6; Issue 1, 1991, page 33.
31
Parvis Owsia, ‘Sources of Law under English, French, Islamic and Iranian Law: A Comparative Review of
Legal Techniques’, Arab Law quarterly, Vol 6; Issue 1, 1991, page 38.
32
Parvis Owsia, ‘Sources of Law under English, French, Islamic and Iranian Law: A Comparative Review of
Legal Techniques’, Arab Law quarterly, Vol 6; Issue 1, 1991, page 37.
33
Reza Banker and Keyvan Ziaee, The Life of the Law in the Islamic Republic of Iran, 2018, page 719, available
at:
https://www.tandfonline.com/doi/full/10.1080/00210862.2018.1467266#aHR0cHM6Ly93d3cudGFuZGZvbmxpbmUuY29tL
2RvaS9wZGYvMTAuMTA4MC8wMDIxMDg2Mi4yMDE4LjE0NjcyNjY/bmVlZEFjY2Vzcz10cnVlQEBAMA==.
34
Article 4: “All civil, penal financial, economic, administrative, cultural, military, political, and other laws and
regulations must be based on Islamic criteria. This principle is absolutely and generally binding to all articles of
the Constitution as well as to all other laws and regulations and the foqhohā of the Guardian Council are judges in
this matter.”
35
Primary sources of Shariʿa are the Quran and Sunnah [traditions] which include the words, deeds and
acknowledgments of the Prophet, and under Shi’a law also of twelve Imams. Parvis Owsia, ‘Sources of Law under
English, French, Islamic and Iranian Law: A Comparative Review of Legal Techniques’, Arab Law quarterly, Vol
6; Issue 1, 1991, page 36.
36
Ramin Moschtaghi 2010: ‘Rule of Law in Iran’, in: Understandings of the Rule of Law in various Legal orders
of the World, Rule of Law Working Paper, Series Nr. 11, page 1.
37
Keyvan Tabari, ‘The Rule of Law and the Politics of Reform in Post-Revolutionary Iran’, International
Sociology, Volume 18; Issue 1, 2003, page 100.
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