leila nemati; Yaqub Nemati
Volume 1, Issue 2 , September 2020, , Pages 43-63
Abstract
Following the victory of the Islamic Revolution and the establishment of the Islamic Republic, the Iranian legal system underwent a profound and fundamental change in the principles, ...
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Following the victory of the Islamic Revolution and the establishment of the Islamic Republic, the Iranian legal system underwent a profound and fundamental change in the principles, rules and legal requirements, and the amendment of laws based on the revelatory principles of Islam became the head of the country's legislative policy. After about forty years of the life of the Islamic Revolution, the question arises that what are the characteristics of the legal system of the Islamic Republic of Iran and what is its position in comparison with other legal systems? Findings of this research using descriptive-documentary research method, show that the legal system of the Islamic Republic of Iran, while combining the legal system and the adoption of new laws with moral teachings and Islamic values, as a comprehensive and transcendent model. It is manifested that in interaction with global approaches, it has adopted a new approach. Western legal systems, based on the two broad orientations of "natural law" and "school of positivism", have limited the constituents of law to rational cognitions, pure justice, political and economic ends, public will, and empiricism. and because of this they have suffered from reductionism and inadequacy. The legal system of the Islamic Republic of Iran, having the strengths of other legal systems and eliminating the shortcomings of these systems, has become a sublime and complete model that, while paying attention to social goals and material goals, based on religious principles and values. Divine and spiritual consolidated. Therefore, the legal system of the Islamic Republic of Iran in comparison with global paradigms can be considered a new, comprehensive and transcendent model.
