Research of the Islamic Revolution

Research of the Islamic Revolution

Feasibility of Sharī‘a-Based Oversight of the Rulings of the General Assemblies of the Supreme Court and the Administrative Justice Court Based on the Statements of Ayatollah Khamenei

Document Type : Original Article

Authors
Hosein Hatehizadeh 1
Ali Muhammad Fallahzadeh 2
Abdolreza Barzegar 3
1 PhD student in public law, Department of Law, Maybob Branch, Islamic Azad University, Maybob, Iran
2 Associate Professor, Department of Public Law, Allameh Tabatabai University, Tehran, Iran.
3 Assistant Professor, Department of International Law, Maybob Branch, Islamic Azad University, Maybob, Iran
10.22034/rir.2025.479305.1043
Abstract

The judiciary is one of the central pillars of the Islamic Republic of Iran, tasked with protecting and guaranteeing the rights of the people based on the country’s laws and regulations. According to Article 4 of the Constitution, all laws and regulations governing the Islamic Republic of Iran must comply with Islamic principles. Consequently, all judicial rulings and decisions must also align with Sharī‘a, which has been one of the Supreme Leader’s key concerns in judicial matters. The Constitution assigns the responsibility of ensuring the conformity of laws and regulations with Islamic criteria to the jurists of the Guardian Council. In other words, their Sharī‘a-based oversight guarantees the Islamic nature of legislation. This raises the question of whether Sharī‘a-based oversight can be applied to judicial rulings -particularly the decisions of the General Assemblies of the Supreme Court and the Administrative Justice Court- according to the Supreme Leader’s perspective. If these rulings fall under the purview of Article 4, the Guardian Council’s jurists would have authority over them. Using a descriptive-analytical method, this article examines existing mechanisms for implementing such oversight and offers proposals for creating a clear procedure for Sharī‘a-based supervision of the rulings of these two General Assemblies. For instance, it suggests utilizing the Guardian Council’s Jurisprudential Advisory Board and appointing jurists to oversee the rulings of the Supreme Court and Administrative Justice Court in this capacity
Keywords
Ayatollah Khamenei
Guardian Council Jurists
Sharī‘a Oversight
Judicial Rulings and Decisions
General Assembly of the Administrative Justice Court
General Assembly of the Supreme Court
Subjects