By Sahar Maranlou
This publication deals a serious and in-depth research of entry to justice from overseas and Islamic views. latest Western versions have highlighted the mechanisms in which members can entry justice; although, entry to justice comprises a number of conceptions of justice and of the clients of justice. This publication evaluates the historic improvement of the justice region in Iran and discusses numerous concerns, corresponding to the functionality of the justice area, judicial independence, potency and accessibility, normative defense, including an research of obstacles. It explores the criminal empowerment of clients, with a selected concentrate on girls, and provides the findings of a survey learn at the perceptions of Iranian ladies. This research is designed to target women's simple criminal wisdom, their familiarity with criminal technique, their perceptions of cultural limitations, the problems that impact their choice for mechanisms of formal or replacement dispute options, 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
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.
The right to justice is based on the Quranic verses. “And do not let ill-will towards any folk incite you so that you swerve from dealing justly. Be just; that is nearest to heedfulness”;45 “Do not let your hatred of a people incite you to 44 45 The religious normative system of Islam; see An-Na’im (2008). Quran 5:8. ”47 The question here is how can justice be defined from Islamic perspectives so it provides a religious foundation to promote access to justice in Muslim countries. One possible framework would be viewing justice as a right (haqq), which can also explain the legal associations of justice.
The trial procedure is framed to search for and to establish the truth in this regard. But it seems impossible to design the legal rules so that they always lead to the correct result” (85). Finally, (3) pure procedural justice refers to a situation where there is 53 54 Access to Justice Perspectives 35 of formal justice that is associated with the key notions of equal treatment and equality before the law. According to Rawls (1971), justice can be achieved only through the equal application of law.