“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
http://www.roozonline.com/english/archives/2008/08…
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?”
