Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

A Comparative Study of the Concept of Substantive and Procedural Law in Zoroastrian and Islamic Jurisprudence

Document Type : Original Article

Author

PhD in Private Law University of Tehran

Abstract
The aim of this research is to conduct a comparative study to achieve a more precise understanding of law in two major periods of Iranian legal history: ancient Iran and post-Islamic Iran. Law is examined through its meaning, function, and purpose, with particular focus on the political element in both eras. The study highlights the differing relationships between Islamic law and Zoroastrian law with politics, then explores other characteristics of law that may stem from or connect to its political dimension or cosmological foundation. The notion of original sin, seen as the first transgression against law, is analyzed to understand law in extreme situations of violation. Another key issue is whether the identity of law depends on its form or its content, which marks a significant distinction between the two traditions. Criminal law and the role of punishment provide further insight into contrasting Iranian perceptions of law. Finally, the manner in which law developed in the history of Zoroastrian and Islamic jurisprudence reveals another aspect of divergence between the aforementioned eras.

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Articles in Press, Accepted Manuscript
Available Online from 05 January 2026

  • Receive Date 10 December 2025
  • Revise Date 05 January 2026
  • Accept Date 05 January 2026
  • Publish Date 05 January 2026