Posted on by Mark Movsesian

Theocratic Criminal Law in Iran

The word “theocratic” gets tossed around a lot these days. Usually, it is used to designate what the speaker believes to be a too-close relationship between religion and the state that results in a law or policy the speaker doesn’t like. But genuine theocracies, where clerics serve as the ultimate political authority, are pretty scare. One such theocracy is Iran. A new book from Oxford University Press, On Theocratic Criminal Law: The Rule of Religion and Punishment in Iran, discusses the situation. The author is Bahman Khodadadi (Harvard). Here’s the description from the Harvard website:

On Theocratic Criminal Law explores the roots and structures of the criminal law system of the world’s most prominent constitutional theocracy, the Islamic Republic of Iran. 

While discussing the processes of forced de-westernization and de-modernization which occurred in the wake of the Islamic Revolution, this work examines how the Islamic conception of civil order and polity has been established within the legal and theological framework of the Iranian Constitution. The book engages in a process of ‘rational reconstruction’ of Iranian theocratic criminal law and offers a critical analysis of the way criminal law functions as the centrepiece of this mode of political domination. It illuminates how this revelation-based, punitive ideology functions, how the current Islamic Penal Code (IPC) mirrors prevailing Shiite jurisprudence, and ultimately, from what sort of fundamental defects theocratic criminal law in Iran is suffering. 

This work provides a critical assessment of the criminalization and sentencing theories that have stemmed from the shariatization (Islamization) of all law in the wake of the Islamic Revolution of 1979. By embarking upon a typology of punishment in Shiite Islamic jurisprudence and the Iranian Islamic Penal Code the book then provides a systematic critical analysis of the three types of punishment stipulated in the Iranian Penal Code, namely ta’zir, hadd, and qisas. It also explores the jurisprudential principles and dynamic power of Shiite Islam not only as a driving force behind political and social change but as a force that has been capable of forging a whole theocratic legal system.

Posted on by Mark Movsesian

The Rule of Law in Iran

Iran is one of the world’s few true theocracies. But that doesn’t mean the country lacks the rule of law. Iran doesn’t have the rule of law in a liberal, Western sense. But courts and judges exist, as do bodies of law that govern commerce, family disputes, and other matters. A new collection of essays from Cambridge, The Rule of Law in the Islamic Republic of Iran: Power, Institutions, and the Limits of Reform explores how the rule of law operates in Iran. The editors are Hadi Enayat of Aga Khan University and Mirjam Kunkler of the Institute for Advanced Legal Study. Here’s the description from the Cambridge website:

After Iran’s 1979 Revolution, Ayatollah Khomeini denounced the secular legal system of the Pahlavis and pledged his commitment to distinctly Islamic conceptions of law and justice: the application of both the shariʿa and the rule of law (hākemiyat-e qānun) became major ideological pillars of the Islamic Republic. This precipitated the Islamization of the legal system, the judiciary and the courts, a process which still continues today and is the subject of intense ideological and political contestation. The Rule of Law in Iran is the first comprehensive analysis of judicial and legal institutions of the Islamic Republic of Iran in their social, political and historical contexts. Scholars and practitioners of law, many with experience of working in Iran, shed light on how the rule of law has fared across a variety of areas, from criminal law to labour law, family law, minority rights, policing, the legal profession, the visual and performing arts, trade law, and medicine.

Posted on by Mark Movsesian

How Islam Rules in Iran

People in the West often assume that government in Islam is a theocracy, but that isn’t quite true. If we define theocracy in traditional terms, as rule by clerics, classical Islam wouldn’t qualify–and very few contemporary Muslim-majority states would meet the definition, either. But the Islamic Republic of Iran is a theocracy–the Supreme Leader is a Shia cleric. A new book from Cambridge University Press, How Islam Rules in Iran: Theology and Theocracy, discusses the place of Islam in present-day Iran. The author is government scholar Mehran Kamrava (Georgetown University in Qatar). Here’s the description from the Cambridge website:

This study provides a comprehensive examination of the evolution of Islam as a ruling framework in postrevolutionary Iran up to the present day. Beginning with the position and structure of Iran’s clerical establishment under the Islamic Republic, Kamrava delves into the jurisprudential debates that have shaped the country’s political institutions and state policies. Kamrava draws on extensive fieldwork to examine various religious narratives that inform the basis of contemporary Iranian politics, also revealing the political salience of common practices and beliefs, such as religious guardianship and guidance, Islam as a source of social protection, the relationship between Islam and democracy, the sources of divine and popular legitimacy, and the theoretical justifications for religious authoritarianism. Providing access to many Persian-language sources for the first time, Kamrava shows how religious intellectual production in Iran has impacted the ongoing transformation of Iranian Shi’ism and ultimately underwritten the fate of the Islamic Republic.

Posted on by Mark Movsesian

Saudi Arabia vs. Iran

The news last week that Saudi Arabia and Iran will restore diplomatic relations (a deal brokered by China, which fact raised eyebrows among American observers) is quite significant for the Mideast. Although both are Islamic-law countries, they are serious rivals–and part of the rivalry stems from religion. Saudi is a majority Sunni country and Iran a majority Shia one. But religion makes up only part of the story of their rivalry, as a new book from Cambridge, The Struggle for Supremacy in the Middle East: Saudi Arabia and Iran, points out. The author is Simon Mabon (International Politics) at Lancaster University. Here’s the description from the Cambridge website:

Since 1979, few rivalries have affected Middle Eastern politics as much as the rivalry between Saudi Arabia and Iran. However, too often the rivalry has been framed purely in terms of ‘proxy wars’, sectarian difference or the associated conflicts that have broken out in Iraq, Lebanon, Syria, Bahrain, and Yemen. In this book, Simon Mabon presents a more nuanced assessment of the rivalry, outlining its history and demonstrating its impact across the Middle East. Highlighting the significance of local groups, Mabon shows how regional politics have shaped and been shaped by the rivalry. The book draws from social theory and the work of Pierre Bourdieu to challenge problematic assumptions about ‘proxy wars’, the role of religion, and sectarianism. Exploring the changing political landscape of the Middle East as a whole and the implications for regional and international security, Mabon paints a complex picture of this frequently discussed but oft-misunderstood rivalry.

Posted on by Mark Movsesian

What’s Happening in Iran?

We tend to forget, in America, that sometimes anti-American governments really do have support from local populations. Here is a timely book from Stanford, Iran Reframed: Anxieties of Power in the Islamic Republic, which explores the worldview of those Iranians who support the Islamic regime. The author is Narges Bajoghli of Johns Hopkins University. Here is the description from the Stanford website:

An inside look at what it means to be pro-regime in Iran, and the debates around the future of the Islamic Republic.

More than half of Iran’s citizens were not alive at the time of the 1979 Revolution. Now entering its fifth decade in power, the Iranian regime faces the paradox of any successful revolution: how to transmit the commitments of its political project to the next generation. New media ventures supported by the Islamic Republic attempt to win the hearts and minds of younger Iranians. Yet members of this new generation—whether dissidents or fundamentalists—are increasingly skeptical of these efforts.

Iran Reframed offers unprecedented access to those who wield power in Iran as they debate and define the future of the Republic. Over ten years, Narges Bajoghli met with men in Iran’s Revolutionary Guard, Ansar Hezbollah, and Basij paramilitary organizations to investigate how their media producers developed strategies to court Iranian youth. Readers come to know these men—what the regime means to them and their anxieties about the future of their revolutionary project. Contestation over how to define the regime underlies all their efforts to communicate with the public. This book offers a multilayered story about what it means to be pro-regime in the Islamic Republic, challenging everything we think we know about Iran and revolution.

Posted on by Mark Movsesian

Amin Saikal on Iran

9780691175478_2This looks very interesting. Princeton University Press has just released Iran Rising: The Survival and Future of the Islamic Republic, by political scientist Amin Saikal (Australian National Assembly). Saikal explains how the Islamic Republic has survived numerous political, economic, and military crises since its founding 40 years ago–through, he says, the regime’s combination of religious fervor and hardball geopolitics. In the West, we tend of think of religious regimes like Iran’s as anachronisms that hold on, somehow, precariously, notwithstanding the march of liberalism. Perhaps they aren’t so precarious after all. Here’s the description from the Princeton website:

When Iranians overthrew their monarchy, rejecting a pro-Western shah in favor of an Islamic regime, many observers predicted that revolutionary turmoil would paralyze the country for decades to come. Yet forty years after the 1978–79 revolution, Iran has emerged as a critical player in the Middle East and the wider world, as demonstrated in part by the 2015 international nuclear agreement. In Iran Rising, renowned Iran specialist Amin Saikal describes how the country has managed to survive despite ongoing domestic struggles, Western sanctions, and countless other serious challenges.

Saikal explores Iran’s recent history, beginning with the revolution, which set in motion a number of developments, including war with Iraq, precarious relations with Arab neighbors, and hostilities with Israel and the United States. He highlights the regime’s agility as it navigated a complex relationship with Afghanistan during the Soviet invasion, survived the Gulf wars, and handled fallout from the Iraqi and Syrian crises. Such success, Saikal maintains, stems from a distinctive political order, comprising both a supreme Islamic leader and an elected president and national assembly, which can fuse religious and nationalist assertiveness with pragmatic policy actions at home and abroad.

But Iran’s accomplishments, including its nuclear development and ability to fight ISIS, have cost its people, who are desperately pressuring the ruling clerics for economic and social reforms—changes that might in turn influence the country’s foreign policy. Amid heightened global anxiety over alliances, terrorism, and nuclear threats, Iran Rising offers essential reading for understanding a country that, more than ever, is a force to watch.

Posted on by Liam Ray

Around the Web

Here are some important law-and-religion news stories from around the web:

Posted on by Liam Ray

Around the Web

Here are some important law-and-religion news stories from around the web:

Posted on by Mark Movsesian

Amanat, “Iran”

eb374ed35a2bef6b09d45e9c84080a42Looking back from the perspective of forty years, the Iranian Revolution appears more and more as a turning point in world history. The Shia political resurgence encouraged similar Islamist movements in the Sunni world as well; and those movements have shaped the politics of the Mideast, and the world, ever since. A new history from Yale University Press, Iran: A Modern History, discusses the Revolution and other aspects of Iranian culture and history since the 16th century. The author is Yale historian Abbas Amanat. Here’s a description from the Yale website:

A masterfully researched and compelling history of Iran from 1501 to 2009

This history of modern Iran is not a survey in the conventional sense but an ambitious exploration of the story of a nation. It offers a revealing look at how events, people, and institutions are shaped by currents that sometimes reach back hundreds of years. The book covers the complex history of the diverse societies and economies of Iran against the background of dynastic changes, revolutions, civil wars, foreign occupation, and the rise of the Islamic Republic.

Abbas Amanat combines chronological and thematic approaches, exploring events with lasting implications for modern Iran and the world. Drawing on diverse historical scholarship and emphasizing the twentieth century, he addresses debates about Iran’s culture and politics. Political history is the driving narrative force, given impetus by Amanat’s decades of research and study. He layers the book with discussions of literature, music, and the arts; ideology and religion; economy and society; and cultural identity and heritage.

Posted on by Liam Ray

Siavoshi, “Montazeri: The Life and Thought of Iran’s Revolutionary Ayatollah”

Next month, Cambridge University Press will release Montazeri: The Life and Thought of Iran’s Revolutionary Ayatollah by Sussan Siavoshi (Trinity University). The publisher’s description follows:

MontazeriBy the time of his death in 2009, the Grand Ayatollah Montazeri was lauded as the spiritual leader of the Green movement in Iran. Since the 1960s, when he supported Ayatollah Khomeini’s opposition to the Shah, Montazeri’s life reflected the crucial political shifts within Iran. In this book, Sussan Siavoshi presents the historical context as well as Montazeri’s own political and intellectual journey. Siavoshi highlights how Montazeri, originally a student of Khomeini became one of the key figures during the revolution of 1978–9. She furthermore analyses his subsequent writings, explaining how he went from trusted advisor to and nominated successor of Khomeini to an outspoken critic of the Islamic Republic. Examining Montazeri’s political thought and practice as well as the historical context, Siavoshi’s book is vital for those interested in post-revolutionary Iran and the phenomenon of political Islam.