SHARIAsource

A Ra’y-e Esrārī (opinion issued when the lower court to which the case is remanded reiterates on the rejected decision) by the Civil Division of the Plenary Assembly of Iranian Supreme Court. According to this opinion, when the sale of pledged property by the pledgor contains a stipulation to the effect that the seller/pledgor has to pay all the debts belonging to the property within a specified time, the sale is enforceable at the request of the purchaser provided that the stipulation be also enforced at the same time.

The plaintiffs were survivors, family members, and representatives of the estates of the American victims of the bombing of the U.S. Marine barracks in Beirut in 1983. The plaintiffs sued Iran, utilizing an exception to the Foreign Sovereign Immunities Act (FSIA) that allows the prosecution of foreign states that sponsor terrorism for assault, battery, intentional infliction of emotional distress, and wrongful death. The plaintiffs pointed to the financial ties between Hezbollah (who allegedly orchestrated the attack) and Iran when arguing that Iran should be held liable. Iran did not file an answer to this claim. The court entered judgment in favor of the plaintiffs, awarding $1 billion in punitive damages.

The plaintiff , an American citizen whose wife was killed in a suicide bombing in Israel, sued Iran under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (FSIA) (allowing suit against sovereign states that financially sponsor terrorism), for intentional infliction of emotional distress and economic loss due to wrongful death of his wife in a suicide bomber’s attack in Israel. The plaintiff argued that Iran and its Ministry of Information and Security should be held financially liable, as there were financial ties between the group that claimed responsibility for the attack, the Palestinian Islamic Jihad, and Iran. Iran failed to make an appearance or file an answer. The Court entered judgment in favor of the plaintiff, awarding him $10,380,568 for emotional and economic loss.

Additional commentary. The FSIA, 28 U.S.C.A. §1605(a) is the terrorism exception to FSIA and what plaintiffs depend on to get jurisdiction over Iran. §1605(a)(1) stays that “A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act if such act or provision of material support or resources is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency.” While there is no direct connection to Islamic law, there is a dispute that centers around whether Iran -- an Islamic constitutional state -- sponsors military operations conceived of as jihad under the guise of Islamic law.

The plaintiff sued his former attorneys for malpractice, on the basis that they did not seek punitive damages in the plaintiff’s successful claim against Iran for being held hostage in Beirut in 1983. The plaintiff argued that by failing to name the Iranian Ministry of Intelligence and Security as a defendant in that case, his attorneys prevented him from collecting substantial punitive damages under the Foreign Sovereign Immunities Act. He also alleged that the attorneys charged him an excessive contingency fee. The Court dismissed the first claim, as the ability to collect punitive damages at the time was limited by President Clinton’s executive waiver of the punitive damages provision. The Court further ordered the parties to settlement discussions regarding the excessive fee complaint. The plaintiff later appealed this decision, but the case was ultimately dismissed.

Family members of an American citizen killed in a suicide bombing attack in Israel sued Iran and its Ministry of Intelligence and Security for her wrongful death, alleging that Iran financially supported Hamas, which took responsibility for the bombing at the time of the attack. Iran did not file an answer to the charges. Invoking the Foreign Sovereign Immunities Act exception for state-sponsored terrorism (allowing sovereign states that financially sponsor terrorism to be sued), the Court entered judgment in favor of the plaintiff, awarding $9,879,023 to the victim’s husband for both economic and emotional loss of his wife. The Court awarded an additional $5,000,000 to each of the victim’s parents for emotional loss.

The sister of an American serviceman killed during the 1983 bombing in Beirut, allegedly by Hezbollah, sued Iran and its Ministry of Intelligence and Security, seeking compensatory damages for intentional infliction of emotional distress and punitive damages following her brother’s wrongful death. Invoking the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (allowing sovereign states that financially sponsor terrorism to be sued), she alleged that Iran should be liable for providing financial support to Hezbollah. Iran did not file an answer to the charge. The Court entered judgment in the plaintiff’s favor, granting $2,500,000 in compensatory damages, while noting that punitive damages were not allowed against a foreign state.

The estate and family members of an American serviceman killed during the 1983 bombing in Beirut, allegedly by Hezbollah, brought suit against Iran and its Ministry of Intelligence and Security for his wrongful death. Invoking the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (a law that allows foreign nations to be immune from lawsuits from American citizens in most cases), they alleged that Iran should be held liable for providing financial support to Hezbollah. Iran did not file an answer to the charge. The Court entered judgment in favor of the family, granting compensatory damages in the amount of $13,241,486 to the serviceman’s widow, parents, and children.

The widow of an American serviceman killed during the 1983 bombing in Beirut, allegedly by Hezbollah, brought suit against Iran and its Ministry of Intelligence and Security for compensatory damages for wrongful death, solatium (referring to “the mental anguish, bereavement, and grief that those with a close relationship to the decedent experience as a result of the decedent’s death”), intentional infliction of emotional distress, and punitive damages. She sued under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (allowing sovereign states that financially sponsor terrorism to be sued), alleging that Iran provided financial support to Hezbollah. Iran did not file an answer to the charge. The Court entered judgment in favor of the plaintiff, awarding her $18,297,000 in compensatory damages for economic and emotional loss. The Court noted, however, that it could not award punitive damages against a foreign state.

Injured survivors of a suicide bombing attack in Israel, allegedly by Hamas, and the family members of the deceased, sued Iran, its Ministry of Information and Security, and the Iranian Revolutionary Guard for compensatory damages for assault, battery, intentional infliction of emotional distress, loss of prospective income, and solatium (appropriate “when extreme and outrageous conduct has caused grief and anguish to plaintiffs closely related to a victim of terrorism”), as well as punitive damages. They brought suit under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (allowing sovereign states that financially sponsor terrorism to be sued), alleging that Iran should be liable for providing financial support to Hamas. Iran did not file an answer to the charge. The court entered judgment in favor of the plaintiffs, awarding them  compensatory damages in the amount of $111,963,607.87 for physical damages and economic and emotional loss, as well as punitive damages in the amount of $300,000,000 against the Ministry of Intelligence and Security.

The children of an American citizen who was killed in a suicide bombing attack in Israel by Hamas sued Iran, its Ministry of Intelligence and Security, and several high-ranking Iranian officials. They brought suit under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (allowing sovereign states that financially sponsor terrorism to be sued), alleging that Iran should be liable for providing financial support to Hamas. Iran did not file an answer to the charge. The Court awarded the victim’s estate $1,000,000 for the pain and suffering she experienced before death. The Court further awarded the four children compensatory damages in the amount of $3,000,000 each, for a total of $12,000,000. The Court also awarded punitive damages in the amount of $300 million against all defendants besides Iran jointly and severally.

The plaintiffs, the surviving family members and the estate of an American citizen who was assassinated, allegedly by Hezbollah, while serving as the president of the American University of Beirut, brought a wrongful death action against Iran. They sued under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (allowing sovereign states that financially sponsor terrorism to be sued), alleging that Iran should be liable for providing financial support to Hezbollah. Iran did not file an answer to the charge. The Court entered judgment in favor of the plaintiffs, awarding compensatory damages in the amount of $31,525,296 to the family for economic loss as well as mental anguish.

On March 6, 2017, President Donald J. Trump issued a revised Executive Order which barred, with certain exceptions, entry to the United States of nationals from six predominantly Muslim countries, suspended the entry of refugees for 120 days, and reduced the number of refugees who can be admitted to the United States by more than half. The Plaintiffs (political activist Linda Sarsour, as well as 26 additional Muslim individuals) filed an emergency motion for a temporary restraining order and/or preliminary injunction. While other litigation opposing the revised Executive Order were filed to enjoin only Sections 2 and 6 of the revised Executive Order, in this case the Plaintiffs asked the Court to enjoin the enforcement of the revised Executive Order in its entirety. In order for the Plaintiffs to succeed, they had to prove that (1) they are likely to succeed on the merits of their case; (2) they are likely to suffer irreparable harm in the absence of injunctive relief; (3) the balance of the equities tips in their favor; and (4) an injunction would be in the public interest. Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22, 129 S. Ct. 365, 172 L. Ed. 2d 249 (2008).

Constitution for Iran in English, published with the permission of Constitute.

This document is the first draft of Criminal Procedure Bill prepared and adopted by the parliament and sent to the Guardian Council for review.

This document is the first round of objections raised by the Guardian Council in reviewing the Criminal Procedure Bill (2012). 

This document reflects changes made to the Criminal Procedure Bill following the objections of the Guardian Council.

This documents is the third round of objections raised by the Guardian Council in reviewing the Criminal Procedure Bill.

This documents is the fourth round of objections raised by the Guardian Council in reviewing the Criminal Procedure Bill.

This document reflects the final changes in the Criminal Procedure Bill following the objections of the Guardian Council.

After several revisions made to the original Criminal Procedure Code according to the opinion of the Guardian Council this law became final and entered into force.