' See the text of the Declaration in Internatianal LrgalMaterials (37), 1998, pp. 938-941. Le. From 10.10.1375 to 15.11.1377 according to the Iranian calendar. CG, decision of 24.5.1362, No. 9404, in Majmu'i-yi Nazariyyat-i Shura-yi Nigahban, vol. 1, Tehran, 1369 (1991), p. 410.

4Ruznami-yi Rasmi, 8.4.1376, No. 15239; Majmu'ah Qawanin, 1376, pp. 241-242. Ruznami-yi Rasmi (hereinafter cited as RR) means "Official Gazette". It is published by the Organization of the Official Gazette which is part of the judiciary. Majmulab Qawanin (hereinafter referred to as MQ) means the "collection of laws", which is published annually by the same organization. s RR, ibid.; MQ, ibid., p. 243.

6 Art.126 of the Constitution provides: "The President is directly responsible for the plan and budget affairs and administrative and employment affairs and he can entrust somebody else with the management of these". It should be noted that there are two government departments for the administration of the above affairs. They consist of the Plan and Budget Organisation and the Administrative and Employment Affairs Organization respectively. Art. 127 of the Constitution states: "The President can, in special circumstances, where necessary, with the approval of the Council of Ministers, appoint one or more special representatives with specific powers. In such cases, the decisions of the representative(s) will be considered as those of the President and the Council of Ministers." Art. 138 of the Constitution, inter alia, provides: "The government can delegate the approval of some matters relating to its tasks to the commissions consisting of several ministers. The decisions of these commissions within the limit of law and after the ratification of the President are to be enforced." RR, 3.6.1376, No. 15287; MQ, 1376, pp. 440-441.

10 RR, 14.1.1376, No. 15170; MQ, 1375, pp. 1158-1160. 11 RR. 8.4.1376, No. 15239; MQ, 1376, pp. 258-275. lz RR. 4.2.1376, No. 15188; MQ, 1376, pp. 25-29.

i3 It should be noted that lawyers who join the bar can plead and argue a case in lower courts as well as in the Supreme Court. The division of lawyers into solicitor, barrister and QC does not exist under the Iranian legal system. 14 Tabsirah is an Arabic term which is frequently used by the Iranian legislature. According to the Hans Webr dictionary, it literally means "enlightenment, instruction and information". Under Iranian law it means a "note" (which is added to an article) or a "sub-article". Is RR, 24.3.1376, No. 15227; MQ, 1376, pp. 187-189.

'6 If a judge commits an offence then the Supreme Disciplinary Court of Judges is the competent authority to deal with it. If on the other hand he does not commit an offence but loses his competence to work as a judge (c.g. when he lacks one of the qualities that a judge must have) or he is unable to work properly, then the Supreme Disciplinary Tribunal of Judges is the competent court to examine the case. For details see Mushruh-i Mudhakarat-i Majlis-i Shura-yi Islami, Fifth Period, Session 74, 5.12.1375, published in RR, 23.12.1375, No. 15159. " RR, 22.10.1376, No. 15406; MQ, 1376, pp. 1025-1031.

18 For details, see M. A. Ansari-Pour, "Iran", in Yearbook ofMiddle Eastern and Islamic Law, vol. 1 (1994), pp. 392-395. 19 See Art. 3 (note 3) of the EGRCA. zo Under Art. 1120 of the Civil Code, a marriage can be dissolved, inter alia, by cancellation. This happens where, for example, either of the spouses are insane or they suffer from some specified diseases or where a special quality has been stipulated for either of the spouses, such as having higher education, and after the marriage it becomes clear that the spouse concerned lacks the stipulated or implied quality, then the other spouse can annul the marriage. See for details Arts. 1121-1126 and 1128 of the Civil Code.

zl Art. 1108 of the Civil Code, without referring to the term KM�KZ, indirectly defines this term and states that " if the wife without any legitimate excuse refuses to fulfil her conjugal obligations she will not be entitled to maintenance". In other words, nushuz means failure on the part of the wife to fulfil conjugal duties. zz Under Art. 1184 of the Civil Code, for example, if the natural guardian cannot mange the property of the ward properly or he misappropriates the property of the ward, a trustee is attached or added to the guardian by the court for the management of the property. za RR, 3.6.1376, No. 15287; MQ, 1376, pp. 443�44. z4 For the text of the EGRCA, see RR, 3.5.1373, No. 14383; MQ, 1373, pp. 309-317. zs In 1337 (1958), six articles were added to the Criminal Procedure Code 1290 ( 1911). RR, 17.6.1337, No. 3951; MQ, 1337, p. 512. zb RR, 29.1.1377, No. 15476; MQ, 1376, pp. 1232-1235.

z� See the text of the Act in Majmu'i-yi Saliyanih, 1316, pp. 43-44. ZB RR, 3.6.1376, No. 15287; MQ, 1376, pp. 445-447.

z9 RR, 9.2.1376, No. 15191; MQ, 1376, p. 44 30 Umur-i Hisbi, under Art. 1 of the Umur-i Hisbi Act 1940, consists of cases where the courts have to take action and decide without being dependent on the existence of a dispute between people and taking legal action by them. They include, inter alia, the appointment of a guardian for minors and other interdicted people, the appointment of trustee for the administration of inheritances, the appointment of a trustee for the administration of the property of a missing person, etc. See also A.K.S. Lambton, "Hisba: iii.- Persia", The Encyclopaedia oflslam, vol. 3, new edn., 1971, pp. 490�91. 3i A charity foundation which provides cover for the families of those martyred for the cause of the Islamic revolution. 3z RR, 30.2.1376, No. 15208; MQ, 1376, p. 74.

33 RR, 27.5.1376, No. 15281; MQ, 1376, pp. 426-427. 34 For an introduction to the concept of mahr under Islamic law, see J. J. Nasir, The Islamic Law of Personal Status, 2nd edn., London, 1990, pp. 86 et seq.; J. Nasir, The Status of Women under Islamic Lam and underModern Legislation, pp. 46-62; M. Siddiqui, "Mahr: legal obligation or rightful demand", Journal oflslamic Studies (6), 1995, pp. 14-24; O. Spies, "Mahr", in The Encyclopaedia of Islam, vol. 6 new edn., 1991, pp. 78-80; D. Pearl and W. Menskie, Muslim Family Law, 3rd edn., London, 1998, pp. 178-181. 3s See generally Arts. 1078-1080 of the CC. 36 Mashruh-iMudhakarat-iMaj1is-i Shura-yi Islami, Fifth Period, Session 49, 20.9.1375, published in the RR, 17.10.1375, No. 15105; Mashruh-i Mudhakarat-iMajlis-i Shura-yi Islami, Fifth Period, Session 50, 21.9.1375, published in the RR, 19.10.1375, No. 15106.

3� RR, 3.6.1376, No. 15287; MQ, 1376, p. 442. 38 RR, 24.2.1377, No. 15497; MQ, 1377, pp. 3�t. 39 The pargzset system was abolished by the EGRCA. See for details, Ansari-Pour, "Iran", pp. 392-395.

4o RR, 9.9.1376, No. 15370; MQ, 1376, p. 683. 41This is the translation which has been adopted by D. Hinchcliffe. See D. Hinchclitl'e, "The Iranian Family Protection Act", 17 (1968), ICLQ, pp. 516-521. 42 For the Persian and English text of this Act, see Islamic Studies 6 (1967), pp. 250-255 and 256-261 respectively. 43 Plenary Assembly of the Supreme Court, Judgment 21-30.7.1363, in MQ, 1363, pp. 380-384. � For the text of this Act, see RR 19.9.1371, No. 13914; MQ, 1371, pp. 490-492. 4s For the text of the 1975 Act, see RR 12.12.1353, No. 8785; MQ, 1353, pp. 302-310. 46 RR, 26.9.1376, No. 15384; MQ, 1376, pp. 698-699.

" For the text of this Act, see RR 26.9.1356, No. 9610. 48 RR, 31.3.1376, No. 15233; MQ, 1376, pp. 227-229. �9 Anfal literally means booty or spoils and addition or increase. Under Shi'ite law, anfal consists of properties, such as uncultivated and abandoned lands, minerals and the like, which belong to the Prophet, in the first place, due to his divine leadership, and after him they belong to the Shi'ite Imams because of their leadership and Imamate. However now, as Article 45 of the Constitution states, anfal are regarded as public wealth and property and they shall be at the disposal of the Islamic government for it to use in accordance with the public interest. For details regarding the literal and legal notion of anfal, see S. Abu-Habib, Al-Qamus al-Fiqhi, Damascus, 1982, p. 358; R. M. Khomeini, Tahrir al-Wasilah, vol. 1, 3rd edn., Beirut, 1981, pp. 368-369; M. H. Najafi, Jamahir al-Kalam, vol. 16, 7th edn., Beirut, 1981, pp. 115-134; Mu'jam Fiqh al Jawabir, vol. 1, Beirut, 1996, pp. 507-512. so Council of Guardians, decision of 28.3.1366, No. 8444. See the decision in RR, 31.3.1376, No. 15233; MQ, 1376, pp. 223-224. 51 RR, 31.3.1376, No. 15233; MQ, 1376, pp. 222-223.

sz RR, 24.3.1376, No. 15227; MQ, 1376, pp. 189-190. 53 Part of the Ministry of Post, Telegraph and Telephone. s" See Arts. 777 and 780 of the CC.

55 Plenary Assembly of the Supreme Court, Judgment 620-20.8.1376, in RR, 22.10.1376, No. 15406; MQ, 1376, pp. 860-862. 56 RR, 17.6.1376, No. 15299; MQ, 1376, pp. 498-500.

57 RR, 1.6.1356, No. 9518. se RR, 5.3.1362, No. 11140; MQ, 1362, pp. 12-16. s9 The Department of Execution is part of the Department for the Registration of Documents and Properties and deals with the execution of deeds and binding documents. The procedure employed by this office to recover the creditor's claim from the debtor is simpler and quicker than taking legal action before a court.

so The Act consists of 23 Articles. For the text of the Act, see RR, 19.5.1355, No. 9120. 61 RR, 16.4.1376, No. 15246; MQ, 1376, pp. 289-290. 62 RR, 25.11.1376, No. 15432; MQ, 1376, pp. 1118-1119. 63 RR, 28.7.1376, No. 15335; MQ, 1376, pp. 593-604.

6' For the text of this Act, see RR, 23.7.1348, No. 7193.

bs Art. 12, inter alia, provides that: "the amount and the date of issue, rate of interest and the type of each series of debenture bonds are considered by a council ... and will be proposed to the Minister of Finance". 66 RR, 24.2.1377, No. 15497; MQ, 1377, pp. 8-9. 67 RR, 31.3.1376, No. 15233; MQ, 1376, pp. 224-227. 68 For example, see Council of Guardians, decision of 11.12.1361, No. 7742, in MQ, 1362, p. 419. 69 RR, 11.4.1376, No. 15242; MQ, 1376, pp. 236-237. 70 The former text of Art. 729 provided that all laws inconsistent with this Act are to be abrogated. Art. 729 now provides that all laws inconsistent with this Act, including the Public Penal Code of 1304 (1925) are to be abrogated. In other words, the former text of Art. 729 did not refer specifically to the abrogation of the 1304 Code.

'1 Art. 85 of the Constitution, inter alia, provides: "The Assembly [Parliament] cannot delegate the power of legislation to an individual or to a group of people. But, where necessary, it can delegate the power of legislating certain laws to its own committees, in accordance with Article 72. In such a case, the laws will be implemented on an experimental basis for a period specified by the Assembly, and their final approval will rest with the Assembly [as a whole]." '2 RR. 11.10.1370, No. 13640; MQ, 1370, pp. 593-656. '3 RR, 3.2.1376, No. 15187; MQ, 1375, pp. 1272-1273. '4 J. Pedersen [Y.L. De Bellefonds], "Kasam", in The Encyclopaedia of Islam, vol. 4, 1978, pp. 687-690, especially pp. 689-690. 'S RR, 3.2.1376, No. 15187; MQ 1375, pp. 1273-1275. '6 For example, see R. M. Khomeini, Tahir al-Wasilah, vol. 2, 3rd edn., Beirut, 1981, p. 530. " It is part of the Supreme Council for National Security. See Art. 176 of the Constitution. '8 RR, 28.3.1377, No. 15525; MQ, 1377, p. 119.

'9 Since the parquet system had been abolished and the responsibilities of the judges of this office had been transferred to the judges of court the relevant provisions in this article were amended accordingly. three conditions have been stated in Art. 38(1), 38(2) and 38(3) for the release of a prisoner on parole: (a) if he has consistently behaved well during his imprisonment; (b) If it can be expected, from the circumstances concerned, that the convict would not commit any crime after his release; (c) if he, as much as he can, pays the damages which have been awarded by court or agreed by the private claimant, or he promises to pay. In cases where punishment includes imprisonment as well as a fine, he pays the fine, or with agreement of the head of local administration of justice, he makes an arrangement for its payment. sl RR, 28.3.1377, No. 15525; MQ, 1377, p. 119. az l6id., p. 120. e3 Under Art. 12 of rhe IPC, hadd consists of a punishment the type, quantity and particulars of which have been fixed in Islamic law. Hadd has been defined in The Encyclopaedia of Islam as "the technical term for the punishments of certain acts which have been forbidden or sanctioned by

cont. punishments in the Qur'an". See B. C. De Vaux [J. Schacht], "Hadd", in The Encyclopedia of Islam, vol. 3, new edn., 1971, pp. 20-21. s4 Diya means "a specified amount of money or goods due in cases of homicide or other injuries to physical health unjustly committed upon the person of another". See E. Tyan, "Diya", in The Encyclopaedia of Islam, vol. 2, new edn., 1965, p. 340.

es Arsh has several meanings. In this context it is the compensation for an injury for which no diyab has been fixed. See Abu-Habib, Al-Qamus al-Fiqhi, p. 19; Mu jam Figh al Jamahir, pp. 308-310. sb RR, 22.10.1376, No. 15406; MQ, 1376, pp. 1019-1021. 8� For the punishment of a dishonoured cheque, see Arts. 7 and 10, and for the punishment of a post-dated cheque see Art. 13 of the Issue of Cheques Act.

88 RR, 26.8.1375, No. 15064; MQ, 1375, pp. 645-648. $9 RR, 16.9.1377, No. 15666; MQ, 1377, pp. 469-471. 90 By this Act, two previous Acts, i.e. the Method of Execution of Financial Convictions Act 1351 (1972) and the Prohibition of Detaining Individuals for Non-Fulfilling Financial Obligations Act 1352 (1973) were repealed. For these two Acts, see RR, 5.5.1351, No. 8013 and RR, 14.9.1352, No. 8415 respectively.

91 RR, 11.10.1362, No. 11316; MQ, 1362, p. 433. 9z RR, 25.2.1376, No. 15205; MQ, 1376, p. 71. 93 RR, 24.1.1365, No. 11976; MQ, 1364, pp. 665-674. 94 RR, 15.6.1377, No. 15590; MQ, 1377, p. 257-258.

9s Art. 698 of the IPC provides that: "He who, with the intention of harming others or confusing public opinion or the officials, by letter or complaint or correspondences or statements or reports or distribution of any kind of printed material or handwriting with signature or without signature, asserts some lies; or with the same intention, contrary to the facts, attributes directly or quoting from other some acts to a natural or legal person or to the officials expressly or impliedly ... in addition to the rehabilitation, if possible, [the culprit] will be sentenced to from two months to two years in prison or to flogging up to 74 lashes." � RR, 25.4.1354, No. 8894; MQ, 1354, pp. 232-263. See also Majmu'i-yi Qawanin wa Mugarrarat-i Kar wa Ta'min-iljtima'i, 5th edn., Tehran, 1990, pp. 529-570. 9� RR, 28.7.1376, No. 15335; MQ, 1376, p. 606. 9$ RR, 11.4.1376, No. 15242; MQ, 1376, pp. 230-231. 99 Part of the Ministry of Labour and Social Affairs.

ioo For details, see M. A. Ansari-Pour, "Iran", Yearbook of Islamic and Middle Eastern Law, vol. 2 (1995), pp. 251-256. lol RR, 18.3.1376, No. 15222; MQ, 1376, pp. 138-142.

ioz RR, 26.9.1376, No. 15384; MQ, 1376, p. 697. toa RR, 17.11.1375, No. 15131; MQ, 1375, pp. 881-894. l04 For the English text of the Adjustments and Amendments, see International Legal Materials (30) 1991, pp. 537-554. For the text of the Montreal Protocol itself, see International Legal Materials, (26), 1987, pp. 1550-1561. 105 For the English text of the Adjustments and Amendments, see International Legal Materials (32), 1993, pp. 874-887. 106 RR, 29.11.1375, No. 15139; MQ, 1375, pp. 992-1038. low For the English text of the Convention and its annexes, see International LegalMaterials (33), 1994, pp. 1328-1382. 108 err, 21.12.1375, No. 15157; MQ, 1375, pp. 1121-1131. For the English text of the Convention see International LegalMaterials (9), 1970, pp. 25-44.

109 RR, 21.12.1375, No. 15157; MQ, 1375, pp. 1131-1140. For the English text of the Protocol see International Legal Materials (13), 1974, pp. 605-610. 1'o RR, 3.6.1376, No. 15287; MQ, 1376, pp. 447-460. For the English text of the Convention see International LegalMaterials (30), 1991, pp. 733-747. 111 RR, 23.4.1376, No. 15252; MQ, 1376, pp. 321-333. 112 The name of the last six countries are spelled differently in different texts and world maps. The above spellings have been borrowed from The Time.cAtlas of the World, 7th edn., 1985. Il3 RR, 20.7.1376, No. 15328; MQ, 1376, pp. 581-589. 114 RR, 29.8.1376, No. 15362; MQ, 1376, pp. 641-676. For the English text of the Agreement, see International LegalMaterials (34), 1995, pp. 1542-1580.

l ls For the English text of the Convention, see International Legal Materials (32), 1993, pp. 800-873. ��6 RR, 11.10.1376, No. 15397; MQ, 1376, pp. 721-855. 117 For the English text of the Revision, see International Legal Materials (6), 1967, pp. 806-826. 118 RR, 18.9.1377, No. 15668; MQ, 1377, pp. 481�95.

119 See the statement in International LegalMaterials (37), 1998, pp. 938-941. 120 For example, see Kayhan (newspaper) of 19.2.1377.