Law of Land or Islamic Law?!

“Our law has allowed ‎banking interest. Therefore, how is it that in banking principles we look to the law of the land ‎rather than Islamic law (interest payment is not allowed in Islam), but when it comes to final verdicts, such as execution, we insist on ‎implementing the exact word of Islamic law rather than law of the land?”‎     Gholamhossein Raeisi, president of human rights committee of Fars Province’s Bar Association

roozonline – Sara Moghaddam

Gholamhossein Raeisi, president of human rights committee of Fars Province’s Bar Association, ‎says, “According to guidelines and procedural rules passed by the head of judiciary, family ‎members and the attorney of persons awaiting execution must be informed of the decision to ‎implement Ghesas 48 hours prior to the verdict’s implementation. This is to ensure that family ‎members get a chance to see the convict, if needed, and also that the convict’s last wishes or will ‎is heard and there is time to observe religious matters. Unfortunately, however, the trend has ‎apparently turned toward execution of convicts at will without respect for their rights, meaning ‎notification of their family members and attorneys.” ‎

Commenting on the execution of individuals who committed crimes while under age, Raeisi ‎says, “According to Article 200 of the Criminal Procedure Law the transition from childhood to ‎adulthood takes place at the age of 18. According to Section B of Article 37 of the Convention ‎on the Rights of the Child too, it is prohibited to convict juveniles under the age of 18 to death. ‎On the other hand, the age of childhood and rules connected with it in international conventions ‎and treaties are among the most absolute in international law and impossible to conditionally ‎accept or make exceptions for. A convention that has been ratified by the Majlis is considered a ‎domestic law and must be complied with so long as other laws are not passed in opposition to it.” ‎

The president of Fars province’s human rights committee also notes regarding criminal cases, ‎‎”Although Islamic law and jurisprudence comprises the main resource for our legal principles, in ‎reality we implement criminal procedures of the Iranian geographic territory, meaning laws ‎passed by the Majlis – not Islamic Law, in its exact wording. Otherwise, all banking interest ‎must be outlawed according to the exact text of Islamic law. However, our law has allowed ‎banking interest. Therefore, how is it that in banking principles we look to the law of the land ‎rather than Islamic law, but when it comes to final verdicts, such as execution, we insist on ‎implementing the exact word of Islamic law rather than law of the land?”‎