Confused Hijab and Chastity Bill and Dozens of Ambiguities

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-Saturday 2024/09/28 - 20:33
News Code:4569
لایحه آشفته حجاب و عفاف و دهها ابهام

The published Hijab and Chastity bill suffers significantly from poor drafting and contradictions, even against corresponding laws and regulations. It remains to be seen how the Guardian Council will respond legally, particularly regarding its comments to the parliament alongside any objections.

In addition to contradictions with other legal provisions, it would have been helpful if the Legal Department and Research Center of the parliament had communicated technical and legal issues to the diligent representatives and relevant committee before the bill’s approval. I don't want to elaborate on the details here, but three points struck me as interesting:

First: Following my previous note in Abdi Media regarding the inclusion of titles and honorifics in legislation and the prohibition on the parliament from having authority over the powers of the Supreme Leader of the Islamic Republic and the Commander-in-Chief, organizations and authorities under his command, such as the armed forces, are now conditioned on his "permission" rather than his "order." It is evident that agreeing to issue a command is structurally different.

Second: Many current and future actions of the Supreme Council of the Cultural Revolution have been cloaked in legal attire, despite the complaints from both the revolutionary parliament and previous parliaments about the council's behaviors and decisions.

It is clear what the result will be of cloaking a council that was not established by the law of parliament in legal attire.

This is just like the legal acceptance of the Supreme Council of Cyberspace in the revolutionary parliament's legislation, including the law on the Administrative Justice Court and the special courts for clergy in the fifth parliament under the Civil Procedure Code! And other cases and establishments.

Third: At the beginning of this bill, the judiciary has been excluded from its scope, yet in subsequent articles, responsibilities have been assigned to it!!!

Important Note:
If this bill is approved as it stands, without addressing its numerous current issues and chaos by the Guardian Council, then, in practice and implementation, multiple ambiguities—even with legal interpretations and advisory opinions from the Judiciary's Legal Department and the repeated rulings of the Supreme Court's unity of procedure—cannot facilitate or enable its enforceability.

Please remember this note.

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