By Sahar Maranlou
This e-book bargains a severe and in-depth research of entry to justice from foreign and Islamic views. present Western types have highlighted the mechanisms in which contributors can entry justice; besides the fact that, entry to justice accommodates a variety of conceptions of justice and of the clients of justice. This e-book evaluates the old improvement of the justice region in Iran and discusses quite a few matters, reminiscent of the functionality of the justice zone, judicial independence, potency and accessibility, normative safety, including an research of boundaries. It explores the felony empowerment of clients, with a particular concentrate on girls, and offers the findings of a survey examine at the perceptions of Iranian ladies. This research is designed to target women's uncomplicated felony wisdom, their familiarity with felony technique, their perceptions of cultural obstacles, the problems that effect their choice for mechanisms of formal or replacement dispute suggestions, and their point of delight with their selected classes of motion.
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Additional info for Access to Justice in Iran: Women, Perceptions, and Reality
ADR is often viewed as an intervention between parties to encourage reconciliation, compromise, and understanding. In many jurisdictions, ADR processes have been increasingly incorporated within courts and tribunals to provide greater access to justice. In my view, ADR mechanisms can be seen as an incorporative and responsive area for access to justice particularly for poor and disadvantaged people in Muslim societies. Therefore, in order to extend the Islamic conception of access to justice from a consensus-compromise perspective, some of the correlated notions of alternative dispute resolution from Islamic Law perspective will be reviewed.
In another incident, reported in Sahih a-Bukhari, the Prophet had conciliated between litigants on a dispute over debt. 74 In relation to the Shia tradition, Imam Hassan75 defines arbitration in accordance with the Shia School as a voluntary procedure whereby a neutral qualified jurist in a case is chosen by opposing parties to settle the dispute according to Islamic law (Halili, 2006: 181–207). ). For example, I may refer to the Iranian International Commercial Arbitration Act, which includes nine sections and thirty six articles, was enacted on 17 September 1997 by the Iranian Parliament, and was affirmed by the Guardian Council in October 1997.
Although there is no exact definition of tahkìm or arbitration in the early history of Islam, the Treaty of Medina of AD 622 called Iranian Civil Code, Article 753. Quran 4:35. 73 Ibid. 71 72 44 Part I for the arbitration of any disputes. This concept of reconciliation can also be found in the traditions of the Prophet Muhammad in the reconstruction of the Kaaba. This involved a dispute over placing the Black Stone (Hajr al-Aswad) into the building between the tribes of the Quraysh who wanted to have the honour of placing the stone.