Download e-book for kindle: Access to Justice in Iran: Women, Perceptions, and Reality by Sahar Maranlou

By Sahar Maranlou

ISBN-10: 1107072603

ISBN-13: 9781107072602

This booklet deals a severe and in-depth research of entry to justice from overseas and Islamic views. latest Western versions have highlighted the mechanisms in which participants can entry justice; besides the fact that, entry to justice comprises a variety of conceptions of justice and of the clients of justice. This publication evaluates the old improvement of the justice area in Iran and discusses a number of concerns, resembling the functionality of the justice area, judicial independence, potency and accessibility, normative safeguard, including an research of obstacles. It explores the criminal empowerment of clients, with a selected specialise in ladies, and provides the findings of a survey research at the perceptions of Iranian girls. This examine is designed to target women's easy felony wisdom, their familiarity with criminal strategy, their perceptions of cultural limitations, the problems that effect their choice for mechanisms of formal or substitute dispute ideas, and their point of delight with their selected classes of motion.

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Many Muslim countries have provisions within their laws regarding sulh. Note, for example, the Iranian Civil Code that stated sulh or compromised settlement is legally enforceable except in that which relates to an unlawful matter (Article 754). ” There is no legal limitation for parties to construct a legally accepted settlement unless there 70 Quran 3:128. ”71 Another important dimension of ADR in Islamic Law is mediation, a negotiated dispute resolution mechanism in which a neutral intervener facilitates between disputing parties to agree on a joint settlement.

A cursory look at the Quranic definition of “And approach not the property of the orphan except in the fairest way, until he [or she] attains the age of full strength, and give measurement and weight with justice” (Quran 6:152; also see 89:17, 93:9, and 107:2). 35 The entire chapter 83 of the Quran, “Surah al-Mutaffifeen,” deals with fair trade and fraud issues. 36 “Be just, for it is closest to God-consciousness” (Quran 5:8). 37 “If you judge, judge between them with justice” (Quran 5:42). 34 Access to Justice Perspectives 29 justice initiates the question about injustice in Islamic classical ­literature, as defining unfairness can present core ideas associated with the notion of justice and describe its dominant controversial expectations.

16 The Convention for the Protection of Human Rights and Fundamental Freedoms (commonly referred to as the European Convention on Human Rights [ECHR]) was adopted in 1950 and came into force in 1953. 17 African [Banjul] Charter on Human and Peoples’ Rights, adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. M. 58 (1982), entered into force 21 October 1986. S. Treaty Series No. S. 123, entered into force 18 July 1978. 21 In criminal cases, the right to legal assistance is explicitly set out in Article 6 (3) (C).

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Access to Justice in Iran: Women, Perceptions, and Reality by Sahar Maranlou


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