By Sahar Maranlou
This publication bargains a serious and in-depth research of entry to justice from foreign and Islamic views. latest Western versions have highlighted the mechanisms through which contributors can entry justice; although, entry to justice accommodates a number of conceptions of justice and of the clients of justice. This ebook evaluates the old improvement of the justice area in Iran and discusses quite a few concerns, comparable to the functionality of the justice zone, judicial independence, potency and accessibility, normative safety, including an research of limitations. It explores the criminal empowerment of clients, with a particular concentrate on ladies, and provides the findings of a survey learn at the perceptions of Iranian girls. This learn is designed to target women's uncomplicated felony wisdom, their familiarity with felony technique, their perceptions of cultural boundaries, the problems that impression their choice for mechanisms of formal or substitute dispute strategies, and their point of pride with their selected classes of motion.
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Additional info for Access to Justice in Iran: Women, Perceptions, and Reality
Also, the Islamic legal system has introduced a wide array of reconciliation-based dispute resolution mechanisms which in modern terms are referred to as Alternative Dispute Resolutions (ADR). 62 One of the major distinctions between Islamic court-based and reconciliation-based dispute resolution relates to methodology and process of reasoning. In the adjudication system, the court refers to Islamic sources of law including the Quran and Sunnah, as primary sources of Sharia and reasoning by analogy (qiyas) in Sunni tradition or reason (aql) in Shia theology and consensus (ijma) as secondary sources of Sharia.
In most models of access to justice offered by Western scholars, access has a physical (objective) dimension, such as long delay, cost, and legal representation. These models also often focus on top-down approaches to overcome barriers to access to justice.
In order to provide a definitional analysis of access to justice, it is important also to answer the question asked earlier about the use of the term “access to justice” instead of other similar phrases. The definitional discussion should be able to address why the phrase “access to justice” has been used to introduce the debate. 22 In October 1979, a conference was held at the European University Institute to discuss the prospects for further action after the Florence Project. As stated by the project leader, Mauro Cappelletti, “the conference participants determined what issues were most silent from their vantage points, what insights or conclusion seemed more or less valid to them and how generally to assess what we termed the ‘access to justice’ movement” (Cappelletti and Garth, 1981: 3).