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Glossary

adalat khaneh house of justice
adliyyeh the ministry of justice; (secular) court
aein-e dadrasi-ye madani civil procedure
ahkam statutes, ordinances and laws (of Islam) which concern human conduct (cf.
eateqadat)
ahl or-raay people of opinion; those who advocated rational reasoning in the process of Ijtehad (cf. ahlolhadith)
ahlol hadith people of hadith : those who advocated strict adherence to the Traditions of the Prophet Moham-mad in the process of itjehad (cf. ahl or-raay)
aqdal-qodat the most judicious judge (cf. qadil qodat)
aslol baraah the principle of presuming innocence until guilt is proven
asl ot-tasavi the principle of equality (of all people before law)
ayatollah sign of God: a relatively modern title of respect for leading Shii mojtahids
bayyinah proof
darugheh sheriff
dasturol amal procedural and operational manual
divan ministry; office of administration
divan-begi a high legal official; public prosecutor
divan-e aala the supreme court
divan-e adalat-e ozma the grand office of justice
divan-e adliyyeh (secular) court; chief magistrate court
divan-e islah the court of first instance
divan-e tamiz the high court of appeal
divan-khaneh ministry (of justice); (secular) court
divan-khaneh-ye aazan the grand house of secular judiciary
dowreh-ye jadid the new series
eateqadat doctrines pertaining to matters of belief (cf.
ahkham)
fatva, pi. fatava a sentence or opinion pronounced by a mojtahid or a mofti
Fedaiyan-e Islam the devotees of Islam: a contemporary zealotic movement in Iran similar to the Moslem Brother-hood in the Arab world
ftqh comprehension: science of the Sharia; Islamic jurisprudence
faqih a specialist in fiqh
hadd, pl. hodud limit: punishment specified in the Koran
Hadith sayings of the Prophet Mohammad
hiyal tricks: legal fictions
hokm a legal verdict
Ibadat the division of ahkam or Sharia which pertains to man's duties in relation to God; rituals and matters of worship (cf. Moamalat)
ijmaa consensus (of the Islamic community or jurors)
ijtehad endeavour: the process of extracting and formulating new rules from the Koran and other authentic sources of the Sharia (cf. taqlid)
imam in general, anyone who occupies a leading position (in religious matters); in Shiism, any one of the twelve descendants of Ali, regarded as the legitimate successor of the Prophet Mohammad and hence the rightful rule of the Islamic community (equivalent to caliph in Sunnism)
imamate the office, rule or rank of an imam
imam-e mostaqarr permanent or established imam
imam-e mostowdaa temporary or entrusted imam
imam jomeh the leader of the congregational Friday prayers
isnad ascription or tracing of a hadith to the Prophet Mohammad by an examination and assertion of the (uninterrupted) chain of authorities who have transmitted it
Istebdad-e Saghir Short Tyranny: the period of 1909–1911 in which Mohammad Ali Shah of Qajor abolished the newly established Majlis (parliament) and constitution of Iran and ruled as an absolute monarch
istihsan a method of ijtehad in the Hanafi Schools, in which ruling was done by consideration of public interest and equity even though it run contrary to the implications of qiyas
istinaf appeal
istislah the method of ijtehad in the Maliki School similar to Istihsan
Ithnaashari of Ithnaashariyyah
Ithnaashariyyah the Twelvers, the main sect of the Shii faith which regard the twelve descendants of Ali as the legitimate and rightful successors of the Prophet Mohammad, and hence their imams
jenayat felony
jonheh misdemeanour
kalantar magistrate
kar-gozariha legal agencies or tribunals associated with the foreign embassies in Iran before 1925
katib writer; a clerk of the court
khalaf petty offence
khana-ye insaf house of equity
Khatt-e Sharif-e Golkhaneh Holy Edict of Rose Chamber: an edict which was promulgated by Soltan Abdol Majid of Turkey in 1839 and which launched reform and Westernization in the Ottoman Empire
kolah-e Sharei a Sharei hat: a trick, a legal fiction, a face-saving device
mahakim-e orf courts of customary law
mahakim-e solh district courts
mahkameh sing, of mahakim, a court or tribunal
Majlis, or in full, Majlis-e Shura-ye Melli National Consultative Assembly; the Parliament
malik osh-shoara the king of poets: the master poet
maslahat khaneh house of consultation
mazalim acts of injustice or inequity: a periodical audience granted by kings or state officials in which people brought up grievances and were adjudicated
Moamalat the division of ahkam or Sharia which is concerned with man's relations with and duties towards other men; the civil and criminal code of the Sharia (cf. Ibadat)
moasir contemporary
moddail omum attorney general, public prosecutor
mofti giver of fatva : a top religious and legal authority, mainly of Sunni world, who passes judgement on the basis of the opinions of a given mojtahid or school of jurisprudence
mojtahid doer of ijtehad : the highest authority in Islamic jurisprudence who is entitled to derive new laws of Sharia directly from the Quran and other original sources (cf.
moqallid)
mokarrar repeated: the second of two items with the same number or characteristic
molla learned: a (low-ranking) member of the clergy
moqallid doer of taqlid ; one who adopts and follows uncritically the acts and views of a mojtahid in ahkam and eateqadat (cf. mojtahid)
mozakki court clerk
mubadan-mubad priest of priests: the highest religio-legal authority of the Zoroastrian religion in the Sassanian period in Iran
nazir observer, overseer
nazr vow; votive offerings
nezam-e jadid the new, Western style military system introduced in Iran by the Crown Prince Abbas Mirza in the early 19th century
nezam-nameh manual: rules of procedure
olol-amr rulers
orf customary law
osul roots: that is, the four foundations of Islamic jurisprudence: the Koran, Sunna, qiyas and ijmaa
qada litigation
qadi judge
qadil-qodat chief judge
qanun law
qanun-e jaza penal law
qanun-e madani civil law
qiyas reasoning by analogy; a method used in the process of ijtehad
raay sound opinion
riba interest
ruznameh newspaper
sabt-e asnad registry of (legal) documents
sadr-e aazam prime minister
sadr os-sodur the highest religio-legal position of the Safavid court corresponding to qadil-qodat and mubadan-mubad of the Abbasid and Sassanid courts, respectively
sepahdar commander of army
sepansalar commander-in-chief
shahneh chief of the police
Sharia the Islamic law
sheykhol Islam a high religious title signifying spiritual leadership bestowed upon (Grand) Moftis or theologians of their rank
Shia a heterodox Islamic sect which regards Ali and his descendants as rightful successors of Mohammad
Shii of Shia doctrine or sect
shura-ye davari judiciary council
shura-ye dowlat council of ministers
siyasat osh-shariyyah religious policy; ruling on the basis of expediency
Sunna the Tradition of the Prophet Mohammad
Sunni follower of Sunna; orthodox Moslem
taazir, pl.
taazirat
a discretionary chastisement by the judge, used in the Islamic courts as a punishment for the (minor) offences (which do not entail a hadd)
taqlid a preferential adoption and following of the views and action of a mojtahid (cf. ijtehad)
taklif obligation, duty
tamiz cassation (cf. divan-e tamiz)
Tanzimat a reform programme carried out in the Ottoman Empire in the nineteenth century
Tozuks rules and ordinances; a set of rules attributed to Tamerlane
tuman 10 rials of Iranian currency, equalling about 0.13 of one US dollar (1977 rate)
ulama learned: scholars of traditional Islamic sciences
vakil authorized representative; attorney
vakil or-reaya attorney of the subjects; public prosecutor, attorney general
vakilol-jaraim criminal prosecutor
vaqf wakf, religious endowment
velayat-e faqih the sovereignty of or rule by the faqih; a Shii constitutional doctrine
voaaz preachers
wali governor
Yasa rule and pattern: a set of decrees issued by Genghiz Khan and put into effect in his conquered territories, including Iran
yerlighs ordinances: a set of decrees issued by Ghazan Khan, the grandson of Genghiz Khan
zaheri of outward: apparent
zina fornication

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Source: Chiba Masaji (ed.). Asian Indigenous Law: In Interaction with Received Law. Routledge,2013. — 430 p.. 2013

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