Judicial System in Iran

The judicial system in Iran follows the Islamic Law.

Chief of the judicial system

It is headed by a scholar in Islamic Law that has a sense of judgment and is capable of ruling on legal matters through independent interpretation of Islamic legal sources. In local terms, this scholar is called the “Mujtahid.” The Supreme Leader of Iran appoints the “Mujtahid” as the head of the judiciary system and he serves a term of five years. This Head of the Judiciary System has the authority to nominate the Ministry of Justice.

This Chief of the Judiciary system further appoints another “Mujtahid” as the Chief Prosecutor General as well as one who heads the Supreme Court. He is also responsible for the formation of the organizational structure of the total judicial system in Iran, reporting to Parliament on required amendments to the Law and overseeing the smooth functioning of Iran’s different courts. This Chief of the judicial system in Iran is also responsible for recruiting judges for different courts and further awarding them promotions or demotions depending on their performance. Judges can only be dismissed following assessment by a set committee.

Types of Courts

There are Public Courts, Clerical Courts and Revolutionary Courts in Iran.

Public Courts are further classified into:

These courts mainly deal with the civil and criminal matters of the common public in Iran. There are nearly 600 Public Courts in Iran.

The Clerical Courts address crimes committed by the clerics. There is a Special Clerical Court that holds operations independent of the regular judicial system and is accountable to the Supreme Leader of Iran. Judgments handed down by the Clerical Courts are final and can not be appealed.

The Revolutionary Courts rule on serious offences related to the country’s security, drug trafficking, etc. There are two Revolutionary Courts in Iran. The judgments given by these courts cannot be challenged in any court in Iran. The Revolutionary Courts do not allow for the involvement of defense attorneys in court proceedings related to various legal matters addressed by these courts.

The judges of these courts fulfill additional roles as prosecutors and mediators. All judges in the courts have received a higher education in Islamic Law and most of them are also members of the group of ruling clergies.