Civil Code or Persian Jurisprudence (Fiqh): Review of the resources and structure of the Iranian Civil Code

Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī

Mahmoud Kazemi¹ 

[1] . Associated Professor, Faculty of law, Tehran University, Tehran. IRAN;

关键词: adaptation of civil code with the islamic jurisprudence (fiqh)ambiguities of civil codeinterpretation of civil coderesources of the iranian civil codethe way of preparation of civil code;   

DOI  :  10.22054/JPLR.2019.40851.2172

来源: DOAJ

【 摘 要 】

The Iranian civil code is a legal and cultural masterpiece which has an important role in Iranian law system. It is the result of the Compatibility between tradition and modernity. It has been based on the rule of the Islamic Jurisprudence or Islamic law which is known as Fiqh , and the modern legal system (French civil code). But these two important resources play different roles in the plan of the Iranian civil code. The structure, chapters and articles of the civil code have been adopted the French civil code , but its contents has been founded on the Islamic Jurisprudence (Islamic law i.e. Fiqh) , as stressedby the writer of Iranian civil code. The effect of the Islamic Jurisprudence (Islamic law i.e. Fiqh) on the structure of the civil code is to the extent that some legal writer and jurists call it properly, “ Persian Jurisprudence”. This fact is effective in interpreting civil code. Duality of resources and approving hastily result in deficiency in Iranian code civil. This article is aimed to review of the resources and structure of Iranian civil code.

【 授权许可】

Unknown