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November 24, 2025

In the trap of power and authority/ Akbar Karami

This is not a complete sentence and cannot be accurately translated. Please provide the full text for a proper translation. Akbar Karami

The monthly magazine “Khat-e-Solh” has asked me to take a look at “The Empire of the Larijani Brothers in Law and Justice”; for someone who has spent the entire eight months of the Green Movement in the dark and terrifying house of Sadeq Larijani, and has written about the tyranny ruling over this village and the “customs of hunting city dwellers”(1) with their flesh and bones, it is an opportunity to speak out against the corruption that reigns over this ignorant and powerless institution and to reveal the “unseen image”(2); but I prefer to not repeat what has been said before and to not throw a handful of dirt on the graves of my reformist friends in the face of power! Perhaps the path that reformism has opened in Iran towards development, progress, and freedom will not lead to the normalization of the structure and relationships that govern the Islamic Republic of Iran, and the corruption and structural illness of the judiciary

At one point, one of the leaders of the judicial power of the Islamic Republic of Iran, turned this giant institution into ruins (3); this description was completely accurate, but unfortunately it is not limited to just a special period of the judicial power, or even just to this institution; that ruin is a symbol of a larger ruin, which is the corpse of independence, freedom and the Islamic Republic that was placed in the hands of the Iranian people in February 1979, and if the process of reformism is not able to continue on the path towards progress and development, it will not be long before the tragedy that started in Syria continues in the Iranian plateau. We must not let the defense of reformist tactics for overcoming current difficulties turn into defending the Islamic Republic and its unpleasant behaviors in Iran and the region.

What is happening within and around the judiciary is a continuation of the instability that governs the Islamic Republic of Iran; an instability that has turned the judiciary into an arm of oppression through the concentration of power in the hands of one institution and one person. It seems that the founders of the constitution had an idealistic and naive perception of the Supreme Leader, and the judiciary was supposed to symbolize justice, not oppression and tyranny.

Without nationalizing power and law, we will not have an independent and efficient judiciary, and without justice, the house of defending freedom and equality will not be possible. Unfortunately, in the constitution of the Islamic Republic, there is no effective way to nationalize power and law; all the feedback mechanisms of the system have been rendered ineffective and paralyzed under the flawed leadership and its subordinate institutions.

Judicial Issues – as far as the struggle and distribution of power in the Islamic Republic of Iran is concerned – are at least categorized into four levels.

First.

On a structural level, leadership is the most powerful force in the Islamic Republic; and the head of the judiciary is appointed and removed by the leader. Therefore, it is not surprising that the judiciary, which is supposed to be the arbiter of all conflicts in the realm of power, has become the center of all disputes and claims. A significant factor in the widespread corruption in this institution is the right to remain silent, which is used at various levels of this power pyramid to address and resolve this crisis. If we consider this issue alongside the extensive and diverse activities that the subordinates of the leadership institution in the country have, both legally, illegally, and extralegally, it becomes clear how deep and far-reaching this crisis is and what a heavy burden it places on the shoulders of the people.

Second:

At the legal level, there are still many crises; and after four decades, the fate of Islam and Sharia law is still unclear with current laws and no one knows where jurisprudence ends and law begins. Where does the Shia Imamite seminary in Qom end and the national judiciary of Iran begin? Where does religion end and official interpretation of religion begin? Where does Sharia law end and the start of underdevelopment begin? And it must be noted that within the complexity of these theoretical difficulties and historical ignorances, there is a hidden volume of wrongdoing and indebtedness!

Third:

At the executive level, there are numerous crises that indicate the current state of underdevelopment and lack of appropriate monitoring mechanisms and balance in Iran today.

Fourth.

On a personal level, we can refer to the Larijani brothers who are becoming the head of the judiciary in an empty field. Highlighting this level of analysis in the context of current developments in Iran and in the absence of structural, legal, and political criticisms, it is at best a form of tastelessness and inexperience that only smooths the way for one of the small heads of corruption in Iran.

It can be shown in accurate reports and critical analyses that even if the logical continuation of the concept of “Velayat-e Faqih” was considered to be a tyrannical rule, it should not be referred to as “Faqih-e Salar” or “Sheikh-e Salar”. The criticism of these wrongdoings and deviations can be traced back to a concept in Shia jurisprudence known as “Ilm-e Qazi” (the knowledge of a judge); unfortunately, in many Shia jurisprudential discussions, “Ilm-e Qazi” has been used as the basis and criterion for judgment, even above tangible evidence. This concept, along with the confusion and diversity of opinions that have been incorporated into jurisprudence, has greatly undermined the process of arbitration in Iran today. A process that, traditionally and deeply rooted, focuses more on “having the right” rather than “being right”.

In order to calm and stabilize the Leviathan of power, we must pay attention to the nationalization of power, law, and the judiciary, and open the way for peaceful social integration in Iran. We must recognize the “other” and their rights. If we can bring to fruition the great work that Ali Akbar Davar laid the foundation for, perhaps we can bring order to the power struggle in Iran and prevent Iran and the region from falling into chaos.

Iranians have had the fortune of being able to rewrite their legal and constitutional relationships twice in the past century. However, if we are still trapped in the grip of despotic rulers and oppressive systems, it means that we have failed in creating an independent and effective judicial system. The fact that, even after two springs of freedom, we are still far from having a functioning justice system, means that we have failed in nationalizing power and law, and have been deprived of peaceful social integration. We have not been able to resolve power struggles in a sustainable manner. We do not have a proper understanding of authority and power, and in the best case scenario, we have traded our freedoms for our anxieties and have given away our freedom in exchange for it. (8) If Iranians and reformists do not allow another corpse named “reformism” to be placed on the people’s hands, they should be more concerned with their own hearts than with the Larijani brothers, and show

 

Notes:

1- “The etiquette of hunting citizens is a series of memories of my imprisonment and unlawful detention.”

2- This refers to an article with the same title, daily news, 29th of Mehr month, 1390.

This sentence is addressed to Mahmoud Hashemi Shahroudi, describing the judiciary during the time of Mohammad Yazdi.

4- How can someone like Sadegh Larijani (even if they have religious qualifications) manage such a vast system? Someone who had no prior experience as a high-level manager before taking over the judiciary.

5- Reference to: Yathribi, Ali Mohammad, Knowledge of Judge in Jurisprudence and Law, Private Law Journal, Volume 4, Number 11, Winter 85, University of Tehran.

6- The principle of symmetry, as one of the strategic principles in legal schools, is inconsistent with what is known as the science of the judge in Shia jurisprudence. The science of the judge is not related to the science of obtaining evidence and reasons, and is foreign to both the “impartiality of the judge” and the principle of “innocence”. Legal and philosophical discussions on this issue are left to legal scholars, legal philosophers, and jurists. However, this inconsistency is not limited to the role of the judge in the judiciary of the Islamic Republic of Iran. But the jurist, as the judge of judges, becomes an unquestionable figure and, as one of the main centers of power, an unchallengeable, competitive, and opposing person in this realm of thought. This issue, even if desired by some currents, is neither possible nor fair. At the very least, no wise and mature person in the world would want to live in such instability and institutional

7- Our knowledge system is mostly “foundation-based”; therefore, since a large part of the people/government are still traditional, the process of socialization and social integration remains incomplete and the possibility of society forming has not been provided. Social integration is a peaceful process of overcoming tradition or at least overcoming knowledge-based systems. Foundation-based systems are bound by “being right” while knowledge-based systems think more about rights. For example, foundation-based systems are concerned with what to do with others, while knowledge-based systems think about how to guarantee and insure the rights of others. Foundation-based systems emerge from previous conversations, while knowledge-based systems emerge from subsequent agreements.

In an article titled “Iranian Authoritarianism Syndrome and the Cancer of Sexual Anxiety,” I have addressed a part of this claim, Gooyanews, 23 May 2014.

Created By: Akbar Karami
July 26, 2017

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