Mahmoud Hashemi Shahroudi
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Mahmoud Hashemi Shahroudi (, 15 August 1948 – 24 December 2018) was an Iranian-Iraqi
Twelver Twelver Shi'ism (), also known as Imamism () or Ithna Ashari, is the Islamic schools and branches, largest branch of Shia Islam, Shi'a Islam, comprising about 90% of all Shi'a Muslims. The term ''Twelver'' refers to its adherents' belief in twel ...
Shia Shia Islam is the second-largest branch of Islam. It holds that Muhammad designated Ali ibn Abi Talib () as both his political successor (caliph) and as the spiritual leader of the Muslim community (imam). However, his right is understood ...
cleric and
conservative Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...
politician who was the Chairman of the
Expediency Discernment Council The Expediency Discernment Council of the System ( ''Majma'-e Tašxis-e Maslahat-e Nezâm'') is an administrative assembly of Iran appointed by the Supreme Leader of Iran, Supreme Leader and was created upon the revision to the Constitution of ...
from 14 August 2017 until his death on 24 December 2018. He was previously the
Chief Justice of Iran The head of the Judicial System of the Islamic Republic of Iran (), often called the chief justice of Iran, is the head of the Judicial system of the Islamic Republic of Iran (Head of Judiciary) and is responsible for its administration and super ...
from 1999 to 2009. He was also an Iraqi citizen and a former member of the
Islamic Dawa Party The Islamic Dawa Party () is an Iraqi Shia Islamist political movement that was formed in 1957 by seminarians in Najaf, Iraq, and later formed branches in Lebanon and Kuwait. The Party backed the Iranian Revolution and also Ayatollah Ruholla ...
. Shahroudi's official English-language biographical information from the Iranian Assembly of Experts' website opens with his education received in Najaf, Iraq from Muhammad Baqir al-Sadr, the Islamic Dawa Party's founder, and takes the view that al-Sadr was killed; al-Sadr was executed without trial by
Saddam Hussein Saddam Hussein (28 April 1937 – 30 December 2006) was an Iraqi politician and revolutionary who served as the fifth president of Iraq from 1979 until Saddam Hussein statue destruction, his overthrow in 2003 during the 2003 invasion of Ira ...
's regime in April 1980. Hashemi Shahroudi became the leader of the Supreme Council for the Islamic Revolution in Iraq, which caused objections to his serving as the Head of Iran's Judiciary. He was a member of Iran's
Guardian Council The Guardian Council (also called Council of Guardians or Constitutional Council, ) is an appointed and constitutionally mandated 12-member council that wields considerable power and influence in the Islamic Republic of Iran. The constitution ...
. Upon accepting his position as the Head of Iran's Judiciary, Shahroudi proclaimed: "I have inherited an utter ruin from the previous judiciary," referring to Mohammad Yazdi's 10 years in office. He appointed Saeed Mortazavi, a well known fundamentalist and controversial figure, prosecutor general of Iran. Later when Mortazavi led the judiciary against Khatami's reform movement, Shahroudi was prevented by regime hardliners from stopping Mortazavi's violent acts against dissidents or removing him from power. In July 2011 Shahroudi was appointed by Supreme Leader
Ali Khamenei Ali Hosseini Khamenei (; born 19 April 1939) is an Iranian cleric and politician who has served as the second supreme leader of Iran since 1989. He previously served as the third President of Iran, president from 1981 to 1989. Khamenei's tenure ...
to head an arbitration body to resolve an ongoing dispute between
Mahmoud Ahmadinejad Mahmoud Ahmadinejad (born Mahmoud Sabbaghian on 28 October 1956) is an Iranian Iranian principlists, principlist and Iranian nationalism, nationalist politician who served as the sixth president of Iran from 2005 to 2013. He is currently a mem ...
and the parliament.Iran's top leader names mediator in power struggle
By Ali Akbar Dareini, Associated Press, 25 July 2011
He was a favorite as one of the potential successors of
Ali Khamenei Ali Hosseini Khamenei (; born 19 April 1939) is an Iranian cleric and politician who has served as the second supreme leader of Iran since 1989. He previously served as the third President of Iran, president from 1981 to 1989. Khamenei's tenure ...
as
Supreme Leader of Iran The supreme leader of Iran, also referred to as the supreme leader of the Islamic Revolution, but officially called the supreme leadership authority, is the head of state and the highest political and religious authority of Iran (above the Presi ...
. According to one of his former alleged students, Shahroudi was considered among the wealthiest of Shi'i scholars in Iran, having amassed a substantial multi-million dollar revenue generating income from an export-import business. In 2010, he declared himself a
Marja' Marja (; plural ''marājiʿ''; ) is a title given to the highest level of Twelver Shia religious cleric, with the authority given by a hawzah (a seminary where Shi'a Muslim scholars are educated) to make legal decisions within the confines of Sh ...
.


Early life

Ayatollah Mahmoud Hashemi Shahroudi was born in
Najaf Najaf is the capital city of the Najaf Governorate in central Iraq, about 160 km (99 mi) south of Baghdad. Its estimated population in 2024 is about 1.41 million people. It is widely considered amongst the holiest cities of Shia Islam an ...
,
Iraq Iraq, officially the Republic of Iraq, is a country in West Asia. It is bordered by Saudi Arabia to Iraq–Saudi Arabia border, the south, Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq border, the east, the Persian Gulf and ...
to ethnic Persian parents. His father, Ali Hosseini Shahroudi was a scholar and teacher at the
Najaf Najaf is the capital city of the Najaf Governorate in central Iraq, about 160 km (99 mi) south of Baghdad. Its estimated population in 2024 is about 1.41 million people. It is widely considered amongst the holiest cities of Shia Islam an ...
seminary and Ayatollah Mahmoud Hashemi Shahroudi completed elementary schooling at Najaf's Alaviye school before going to seminary.
Ayatollah Khomeini Ruhollah Musavi Khomeini (17 May 1900 or 24 September 19023 June 1989) was an Iranian revolutionary, politician, political theorist, and religious leader. He was the founder of the Islamic Republic of Iran and the main leader of the Iranian ...
and Muhammad Baqir al-Sadr were his teachers in Najaf. When he came to
Iran Iran, officially the Islamic Republic of Iran (IRI) and also known as Persia, is a country in West Asia. It borders Iraq to the west, Turkey, Azerbaijan, and Armenia to the northwest, the Caspian Sea to the north, Turkmenistan to the nort ...
following the
Iranian Revolution The Iranian Revolution (, ), also known as the 1979 Revolution, or the Islamic Revolution of 1979 (, ) was a series of events that culminated in the overthrow of the Pahlavi dynasty in 1979. The revolution led to the replacement of the Impe ...
, he taught at
Qom Qom (; ) is a city in the Central District of Qom County, Qom province, Iran, serving as capital of the province, the county, and the district. It is the seventh largest metropolis and also the seventh largest city in Iran. The city is ...
and
Hassan Nasrallah Hassan Nasrallah (, ; 31 August 196027 September 2024) was a Lebanese cleric and politician who served as the third secretary-general of Hezbollah, a Shia Islamist political party and militia, from 1992 until his assassination in 2024. Bor ...
, current
Secretary General Secretary is a title often used in organizations to indicate a person having a certain amount of authority, Power (social and political), power, or importance in the organization. Secretaries announce important events and communicate to the org ...
of the Lebanese political and
paramilitary A paramilitary is a military that is not a part of a country's official or legitimate armed forces. The Oxford English Dictionary traces the use of the term "paramilitary" as far back as 1934. Overview Though a paramilitary is, by definiti ...
party
Hezbollah Hezbollah ( ; , , ) is a Lebanese Shia Islamist political party and paramilitary group. Hezbollah's paramilitary wing is the Jihad Council, and its political wing is the Loyalty to the Resistance Bloc party in the Lebanese Parliament. I ...
, was one of his students.


Political career


Before the Iranian Revolution

In 1974, Ayatollah Shahroudi was imprisoned by the
Ba'ath Party The Arab Socialist Ba'ath Party ( ' ), also known simply as Bath Party (), was a political party founded in Syria by Michel Aflaq, Salah al-Din al-Bitar, and associates of Zaki al-Arsuzi. The party espoused Ba'athism, which is an ideology ...
, due to political activities related to the Dawa Party.


After the Iranian Revolution

After the
Iranian Revolution The Iranian Revolution (, ), also known as the 1979 Revolution, or the Islamic Revolution of 1979 (, ) was a series of events that culminated in the overthrow of the Pahlavi dynasty in 1979. The revolution led to the replacement of the Impe ...
, Shahroudi moved to Iran. Ayatollah Shahroudi helped preserve the relationship between Ayatollah Khomeini and Muhammad Sadiq al-Sadr, as well as relaying the messages of Marja in Najaf to Ayatollah Khomeini. He was elected as a member of
guardian council The Guardian Council (also called Council of Guardians or Constitutional Council, ) is an appointed and constitutionally mandated 12-member council that wields considerable power and influence in the Islamic Republic of Iran. The constitution ...
in 1995. Then he was appointed the head of the Judiciary in 1999. In July 2011, Shahroudi was appointed by the Supreme Leader
Ali Khamenei Ali Hosseini Khamenei (; born 19 April 1939) is an Iranian cleric and politician who has served as the second supreme leader of Iran since 1989. He previously served as the third President of Iran, president from 1981 to 1989. Khamenei's tenure ...
to head an arbitration body to resolve an ongoing dispute between president
Mahmoud Ahmadinejad Mahmoud Ahmadinejad (born Mahmoud Sabbaghian on 28 October 1956) is an Iranian Iranian principlists, principlist and Iranian nationalism, nationalist politician who served as the sixth president of Iran from 2005 to 2013. He is currently a mem ...
and the
parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
. The five-member body which Shahroudi headed is made up of "hard-liners known for their opposition to any reforms within the ruling system", according to the
Associated Press The Associated Press (AP) is an American not-for-profit organization, not-for-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are dist ...
news agency. The appointment was seen as a move to sideline or weaken the past President of Iran
Hashemi Rafsanjani Akbar Hashemi Bahramani Rafsanjani (25 August 19348 January 2017) was an Iranian cleric, politician and writer who served as the fourth president of Iran from 1989 to 1997. One of the founding fathers of the Islamic Republic, Rafsanjani was the ...
who helmed the Expediency Council, a body set up to arbitrate disputes within the ruling system in the Islamic Republic. Rafsanjani had alienated Khamenei and the Islamic establishment with "his tacit support" for opposition to the controversial June 2009 presidential elections results that re-elected president Ahmadinejad. Shahroudi denounced
ISIL The Islamic State (IS), also known as the Islamic State of Iraq and the Levant (ISIL), the Islamic State of Iraq and Syria (ISIS) and Daesh, is a transnational Salafi jihadist organization and unrecognized quasi-state. IS occupied signif ...
as a terrorist organization that commits the worst sins of killing people in the name of
jihad ''Jihad'' (; ) is an Arabic word that means "exerting", "striving", or "struggling", particularly with a praiseworthy aim. In an Islamic context, it encompasses almost any effort to make personal and social life conform with God in Islam, God ...
. Shahroudi had also denounced ISIL for wrecking the infrastructure of civilizations and countries, and for committing murder.


Appointment as Chief Justice


Career in juridical power

After Ayatollah Khamenei became leader of the Islamic Republic, Ayatollah Yazdi served as the president of the Supreme Court. He remained in the post for many years before being replaced by Ayatollah Shahroudi.


Prosecution of parliament members

In 2001, the judiciary prosecuted several reformist members of parliament for speeches and activities they had carried out in their capacity as MPs. The
Iranian constitution The Constitution of the Islamic Republic of Iran (, ''Qanun-e Asasi-ye Jomhuri-ye Eslâmi-ye Iran'') is the supreme law of Iran. It was adopted by referendum on 2 and 3 December 1979, and went into force replacing the Constitution of 1906. It ...
grants immunity to members of parliament during their tenure and the courts have no right to put MPs on trial for speeches given in parliament. The incident led to a major conflict between Iranian president
Mohammad Khatami Mohammad Khatami (born 14 October 1943) is an Iranian politician and Shia cleric who served as the fifth president of Iran from 3 August 1997 to 3 August 2005. He also served as Iran's Minister of Culture from 1982 to 1992. Later, he was critic ...
and Chief of Judiciary Shahroudi. In a letter, Khatami protested the courts' prosecution of MPs, insisting the act contravened the political immunity which the Iranian Constitution has provided for the deputies. The notice prompted Shahroudi to respond, calling Khatami's letter "a surprise." "Since judges, according to the Constitution and ordinary laws as well as the jurisprudential principles, are independent in their interpretation of the law and issuing verdicts, nobody -- not even the judiciary chief -- has the right to impose its interpretation of the law on judges," Shahroudi said in part of his letter to President Khatami. Shahroudi denounced reformist MPs, stating they weakened parliament by defending "westernized" journalists and other liberals.


Decriminalization Bill

The Decriminalization Bill (Persian: تعيين مجازات‌های جايگزين) refers to a legal bill submitted by the Iranian Judiciary to the parliament. It aims at substituting imprisonment and execution by educational workshops and social penalties. The bill is considered one of the most important legal bills to have been prepared by the Iranian judiciary during Shahroudi's tenure. According to the bill, for all minor crimes, whose punishment is less than six months of imprisonment, imprisonment will be substituted with social penalties. This category of crimes include crimes related to traffic, environmental, medical, family, cultural and hunting offenses. The bill also demands that criminals undergo an educational or skill training course convened by the judiciary system. The bill also addresses the crimes conducted by minors in the three age categories 7–12, 12-15 and 15–18 years old. It is reminiscent to the Iranian criminal law of 1925. According to the bill, minors can no longer be executed. The bill is based on several years of continuous discussion with religious scholars at the seminaries. According to the bill, the crimes conducted by children of 7–12 years old are not punishable. For the 12-15 and 15-18 age ranges, imprisonment is replaced by mandatory training and education programs. For the age category of 15–18, execution is applied for crimes like murders if and only if the judge is confident that the criminals are mentally developed as adults and the crime is intentional and premeditated. However, both teenagers and young adults (older than 18) with low mental development, cannot be sentenced to death. In 2009, the bill was approved by the judiciary commission of the Iranian parliament. The bill will be ratified after the approval of the parliament and the
guardian council The Guardian Council (also called Council of Guardians or Constitutional Council, ) is an appointed and constitutionally mandated 12-member council that wields considerable power and influence in the Islamic Republic of Iran. The constitution ...
. Shahroudi is most notable in the West for instituting Iran's 2002 moratorium on
stoning Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times. Stoning appears t ...
as a form of
capital punishment Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...
. The penalty remains on the books however, leaving open the possibility that the moratorium could again be overturned as it was in 2006 and 2007.


2009 Bill on Iran's Bar Association

In 2009, Shahroudi offered a bill to the Iranian parliament that targets the independence of Iran's Bar Association. According to this bill, lawyers will be watched by the Iranian ministry of Intelligence and their credentials depend on the approval of the intelligence service.


Restriction of media

In 2009, Shahroudi issued an order to restrict people's access to Iranian Satellite TV Channels and to prosecute staff of Satellite TV Channels whose opinion is not in line with that of the Islamic Republic. People who support these channels and Internet users who do not act according to the line of the constitution can be punished with up to five years of imprisonment.


Political and social positions

* Chairman of the Expediency Council * Member of the World Assembly of Ahl al-Bayt * Member of the World Assembly for the Rapprochement of Islamic Religions * Chairman and founder of the Encyclopedia of Islamic Jurisprudence on the religion of the Ahl al-Bayt * Member and Vice President of the Assembly of Leadership Experts * Member and Vice President of the Expediency Council * Member of Qom Seminary Teachers Association * Member of the jurists of the Guardian Council * Head of the Judiciary * Chairman of the High Board for Dispute Resolution and Regulation of the relations between the three powers


Illness and death

Shahroudi was admitted to a Tehran hospital in May 2017 due to illness. Some other officials, including the Iranian Supreme leader
Ali Khamenei Ali Hosseini Khamenei (; born 19 April 1939) is an Iranian cleric and politician who has served as the second supreme leader of Iran since 1989. He previously served as the third President of Iran, president from 1981 to 1989. Khamenei's tenure ...
, visited him. Shahroudi's physician indicated that his surgery was for a "fairly common digestive disorder". In January 2018, Shahroudi's son announced that he had traveled abroad to continue the treatment but did not refer to the country in which the further treatment was sought. The ''
Hannoversche Allgemeine ''Hannoversche Allgemeine Zeitung'' (abbreviated HAZ) is a German newspaper with a circulation of 158,000 (as of 2009) and a widespread resonance all over Germany. It is distributed in Hanover Hanover ( ; ; ) is the capital and largest c ...
'' newspaper reported on 4 January 2018 that Shahroudi was currently in the International Neuroscience Institute in
Hannover Hanover ( ; ; ) is the capital and largest city of the States of Germany, German state of Lower Saxony. Its population of 535,932 (2021) makes it the List of cities in Germany by population, 13th-largest city in Germany as well as the fourth-l ...
, Germany. The news agencies then confirmed the news, a photo of Shahroudi was published along with
Majid Samii Majid Samii (, born 19 June 1937) is an Iranian neurosurgeon and medical scientist. Biography Samii was born in Tehran, Iran on 19 June 1937. After having completed his high school education in Iran, he moved to Germany, where he started his m ...
, who heads the center. Shahroudi’s presence draw a lot of criticism in Germany. The mass-circulation Bild daily’s front-page headline Monday read: “Death judge in Iran, luxury patient in Germany.” At the same time, many Iranians from Germany resorted to the Neurology Clinic. So from these protests and criticisms made to Samii, a physician and surgeon in the Iranian brain, conducted an interview with the
BBC Persian BBC Persian () is the Persian language broadcast station and subsidiary of BBC World Service which conveys the latest political, social, economical and sport news relevant to Iran and the world. Its headquarters are in London, United Kingdom. Pe ...
Department, claiming that he was not aware of the policy because of his departure. A poster on Instagram wrote that "Any medicine that treats a patient with sex, race, sexual orientation, politics, or any other component". With the rise of protests, Volker Beck, a
Green Party A green party is a formally organized political party based on the principles of green politics, such as environmentalism and social justice. Green party platforms typically embrace Social democracy, social democratic economic policies and fo ...
member and former German MP, reportedly sued Shahroudi on charges of "murder" and "crimes against humanity." However, the complaint did not finally come to a close, and Shahroudi left Germany for two days in the territory two days later. He later announced in an interview that he had been insinuing doctors to Germany, and he himself had opposed it. ''
Bild ''Bild'' (, ) or ''Bild-Zeitung'' (, ) is a German tabloid newspaper published by Axel Springer SE. The paper is published from Monday to Saturday; on Sundays, its sister paper '' Bild am Sonntag'' () is published instead, which has a differen ...
'' and ''Hannoversche Allgemeine'' newspapers have reported that Shahroudi had a brain tumor. On 23 December 2018, it was reported by some Iranian media outlets that Shahroudi had died. However, the news was not confirmed by his family. His medicine team announced that Shahroudi was in a
coma A coma is a deep state of prolonged unconsciousness in which a person cannot be awakened, fails to Nociception, respond normally to Pain, painful stimuli, light, or sound, lacks a normal Circadian rhythm, sleep-wake cycle and does not initiate ...
and that there was no hope for his recovery. On 22:04 IST of the following day, his death was announced. He was 70. A
state funeral A state funeral is a public funeral ceremony, observing the strict rules of protocol, held to honour people of national significance. State funerals usually include much pomp and ceremony as well as religious overtones and distinctive elements o ...
was held on 26 December in
Tehran Tehran (; , ''Tehrân'') is the capital and largest city of Iran. It is the capital of Tehran province, and the administrative center for Tehran County and its Central District (Tehran County), Central District. With a population of around 9. ...
and he was buried at Fatima Masumeh Mosque in
Qom Qom (; ) is a city in the Central District of Qom County, Qom province, Iran, serving as capital of the province, the county, and the district. It is the seventh largest metropolis and also the seventh largest city in Iran. The city is ...
.


Criticism

Shahroudi received criticism from a number of Iranian scholars and lawyers. Mostafa Mohaghegh Damad, a well-known Iranian scholar and expert on Islamic law, wrote a letter criticizing Shahroudi in August 2009.


See also

* List of ayatollahs * Iranian Criminal Code


References


External links


JUDICIARY BOSS TELLS PRESIDENT MIND YOUR OWN BUSINESS



The Moving Report on the Judiciary System
from Mohammad Ali Abtahi's weblog (in Persian)
Shahroudi harshly criticized Iranian police and some hard-line judges
(in Persian) {{DEFAULTSORT:Hashemi Shahroudi, Mahmoud 1948 births 2018 deaths People from Najaf Iraqi emigrants to Iran Iranian ayatollahs Members of the Guardian Council Members of the Assembly of Experts Chief justices of Iran Islamic Supreme Council of Iraq politicians Islamic Dawa Party politicians Society of Seminary Teachers of Qom members Burials at Fatima Masumeh Shrine