Beyond the esoteric deliberations of Islamic jurists and their exegesis of criminal and private law doctrines, Iranian law lives a life of its own. It is a life of routine practices of judges, court clerks, lawyers and clients, each of whom is striving to turn the law to their own advantage. It is also a life of contested legality, a relentless struggle over the right to determine the law in a juridical field which is infused with strife and hostility. These conflicts are reproduced daily as two competing conceptions of law, and their corresponding perceptions of legality clash in pursuit of justice. The Iranian judiciary’s concept of law, their reconstruction of Islamic jurisprudence and their methods of dispensing justice, which on the surface are reminiscent of Max Weber’s “qadi-justice,” collide with the legal profession’s formal rational understanding thereof. However, Iranian judges are not Weberian qadis, and the legal profession is not a homogenous group of attorneys driven by a collective commitment to the rule of law. To understand their conflict, we need to explore the mundane workings of the legal system in the context of the transformation of Iranian society and the unresolved disputes over the direction of its modernity.
|Research areas and keywords
- Law, Iran, Judiciary, Bar Association, Lawyers, legal profession, Female lawyers, Fiqh , Islamic Jurisprudence, Shari'a, Field theory, Doxa, Illusio , legal culture, Qadi, courts, Legal system, Sociology of Law, Family law, Socio-Legal Research, Habitus, legal practice
|Number of pages||29|
|Publication status||Published - 2018 Jun 26|
Related research output
& Keyvan, Z., 2019
, (Accepted/In press) Lawyers in 21st Century: Vol1: National Reports.
Richard, A., Hammerslev, O., Sommerlad, H. & Schultz, U. (eds.). 1 ed.
Oxford: Hart Publishing Ltd
, Vol. 1
Research output: Chapter in Book/Report/Conference proceeding › Book chapter
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