Mahmoud Kazemi
Abstract
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 ...
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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 stressed by 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.
