1The author provides a comprehensive overview of the judicial system as it functioned in Safavid Iran. The first part deals with the long tradition of direct appeal to the Shah and how it developed during the Safavid period. This is followed by an examination of the role and function of the Divanbegi and other bailiffs. The final part of the article is devoted to various aspects of the justice system such as court procedures, the quality of justice, the different types of sentences, and the nature of justice in the provinces. The author also pays attention to justice administered by religious forces and the secular judicial system, rightly arguing that the former was in fact an extension of the latter. It concludes that despite some major changes – such as the growing importance of Divanbegi – the system has shown remarkable continuity and stability and, above all, should help maintain the status quo. The divÄn-e maáºÄlem also existed in the time of Á ̧ ÄzÄn Khan (r. 1295-1304), when he ordered that in cases involving Mongols and Muslims, and for difficult cases, a court should meet twice a month in the Friday mosque to render legal judgments. The Shaikhs, Betikchis, qAE1/4is, Sayyeds and scholars were to hear cases and judge them on the basis of šariÿa (Rašid-al-Din, pp.
218, 221-22). Similarly, the divÄn-e maáºÄlem among the Jalayerids (1330-early 15th century) examined cases filed by the Mongols/Turks and the Persians (Naá ̧μjevÄni II, pp. 15-16, 19, 84, 259, 326). During the reign of Tamerlane (r. 1370-1405), the court of maáºÄlem continued to function and was even more important than the Islamic courts (Clavijo, pp. 294-95). Under Tamerlane`s successors, there was still an administration for the Turks/Mongols (divÄn-e bozorg or divÄn-e tovÄji) under the divÄn-beygi or amir-e divÄn and one for the Persians (divÄn-e Ê¿Äli) under a vizier, which applied Mongolian (törü) and Persian (Ê¿orf) customary law as well as Muslim religious law. Under the Aq-Qoyunlus, customary law and Islamic law continued to be applied. Uzun á ̧¤asan (died 1473) introduced an innovation that allowed needy and destitute plaintiffs to present their claims through a public official (parvÄnÄi-e Ê¿ajazah wa masÄkin), who acted as a lawyer and mediator (Roemer, pp. 169-70; Khandamir, iv, pp.
395-431; Woods, p. 11). The highest level in the legal system was the Minister of Justice, and the judicial officers were divided into higher appointments, such as the magistrate (darughah), the inspector (visir) and the recorder (vak`anevis). The inferior officials were the Qazi, corresponding to a civilian lieutenant who was subordinate to local governors and acted as a judge in the provinces. Shah Abbas, who has greatly expanded and completed this program and under which the creation of this new layer in society can be mentioned as completely “completed”, also completed the Ghulam system. As part of its completion, it expanded the Ghulam military corps from a few hundred during the Tahmāsp era to 15,000 well-trained cavalry[174] as part of an entire military division of 40,000 Caucasian ghulams. He then completely reduced the number of governors of Qizilbash provinces and systematically transferred the governors of Qizilbash to other districts, severing their ties with the local community and reducing their power. Most were replaced by a ghulam and, in a short time, Georgians, Circassians and, to a lesser extent, Armenians were appointed to many high positions of the state and were employed in every other possible part of society. In 1595, Allahverdi Khan, a Georgian, became one of the most powerful men in the Safavid state when he was appointed governor-general of Fars, one of Iran`s richest provinces. And his power reached its peak in 1598, when he became commander-in-chief of the armed forces. [175] Thus, this new group, composed entirely of ethnic Caucasians, eventually became a powerful “third force” within the state as a new layer of society, alongside the Persians and Qizilbash Turks, and this only proves the meritocratic society of the Safavids.
In Safavid Iran, there was little difference between theology and jurisprudence, or between divine justice and human justice, and everything fell under Islamic jurisprudence (fiqh). The legal system consisted of two branches: civil law, which had its roots in Sharia, received wisdom, and urf, which means traditional experience and is very similar to the Western form of common law. While imams and judges applied civil law in their practice, the urf was mainly exercised by local commissioners who inspected villages on behalf of the Shah, and by the Minister of Justice (Divanbegi). The latter were all secular officials who worked on behalf of the Shah. [200] The criminal justice system was completely separate from the civil law and was judged under the common law, which was administered by the Minister of Justice, local governors and the Minister of Justice (the Nazir). Although it was based on urf, it was based on certain legal principles. Murder was punishable by death, and punishment for assault was invariably the Bastinado. The thieves had their right wrists amputated the first time and sentenced to death on every occasion. State criminals were subject to the karkan, a wooden triangular collar placed around the neck. On extraordinary occasions, when the Shah took justice into his own hands, he dressed in red according to ancient tradition for the significance of the event. [200] Tahmāsp also planted the seeds, which would inadvertently produce changes much later.
During his reign, looking at both his own empire and that of the neighboring Ottomans, he realized that there were dangerous rival factions and internal family rivalries that posed a threat to heads of state. If not properly treated, they posed a serious threat to the sovereign, or worse, could cause the overthrow of the former or lead to unnecessary judicial intrigues. According to the Encyclopædia Iranica, the problem for Tahmāsp revolved around the empire`s military tribal elite, the Qezelbāš, who believed that physical proximity and control of an immediate Safavid family member guaranteed spiritual benefits, political happiness, and material progress. [83] Although Tahmāsp was able to negate and overlook some of his concerns about potential problems related to his family by regularly transferring his direct close male relatives such as his brothers and sons to various positions as governors of the empire, he understood and acknowledged that any long-term solution would primarily consist of minimizing the political and military presence of the Qezelbāš as a whole. During the fourth invasion in 1553, it was now clear that Tahmāsp was pursuing a policy of annexation and resettlement when he took control of Tbilisi and the Kartli region, while physically transplanting more than 30,000 people into central Iran. [83] According to the Encyclopædia Iranica, this would be the starting point of the corps of ḡolāmān-e ḵāṣṣa-ye-e šarifa, or royal slaves, who would dominate the Safavid army over most of the empire. As non-Turkmen converts to Islam, these Circassian and Georgian ḡolāmāns (also written Ghoulams) were completely free from clan loyalties and kinship obligations, which was an attractive feature for a ruler like Tahmāsp, whose childhood and upbringing had been deeply influenced by Qezelbāš tribal politics. [83] In turn, many of these transplanted women became wives and concubines of Tahmāsp, and the Safavid harem developed into a competing and sometimes deadly arena of ethnic politics as cliques of Turkmen, Circassian, and Georgian women and courtiers competed with each other for the Shah`s attention.
[83] In February 1874, the Shah issued a decree establishing “lodges of justice” in front of the royal palace in Tehran and elsewhere; for example, such a box was also set up in Bušehr this year (Persian Gulf Political Residency, S.