[His Holiness Great Leader of the Islamic Revolution and Founder of the Islamic Republic of Iran Hadrat Ayatullah al-`Uzma Imam Khomeini, May his presence endure,
After greeting and wishing you blessed longevity, in view of the fact that a major portion of penal codes comprises ta`zirat and majority of the claims presented in justice courts fall under this portion and on the other hand in present conditions when we are facing with shortage or absence of jurist judge and the courts are composed of judges holding judicial degree or divinity degree (traditional branch) or bachelors of Judicial and Administrative Sciences Faculty or those holding judicial degree from Qum Supreme Judicial School or theology students completing at least two years of advanced courses, Islamic Consultative Assembly in order to observe unity of procedure in courts of the Islamic Republic that is necessary and part of the duties of judicial system (article 161) and observance of definite jurisprudential principle has determined the type of" ta`zir" and its amount between maximum and minimum to be determined by the judge and these ratifications have so far been confirmed by the esteemed Guardian Council and the justice courts act in accordance with these laws, recently the esteemed Guardian Council has observed that determining the type and amount of" ta`zir" is against the canon and it is necessary to be entrusted to the view of the judge to determine the type and amount of it for any amount, it appears that if the laws, type and amount of" ta`zir" are not specified, problems would ensure beside the fact that ratification of law will be meaningless.
Firstly, absence of judicial procedure unity, glaring difference has emerged in the verdicts issued and every court will determine a type of punishment for a single crime thus doddering the judicial system and transform the judicial establishment.
Secondly, past ratifications of the Majlis will be enfeebled with this remarks and the judicial system will vacillate. Undoubtedly, guidelines of that honorable leader will be helpful in settling this problem and induces our appreciation.
Muhammad Yazdi
Judicial and Legal Commission of the Islamic Consultative Assembly
24/8/1364 AHS]
In His Most Exalted Name
At this juncture when overwhelming majority of those in charge of judgment are not qualified for canonical judgment and has been authorized to make judgment out of necessity, they are not entitled to determine the limits of jurist without permission of fully-qualified jurist. Therefore, it necessary to set up a delegation comprising you, Hujjat al-Islam Mr. Ardebili and two faqihs of the Guardian Council recommended by the said faqihs of the council determine the limits of ta`zirat so that within that framework permission would be given and none would have the right to violate. Of course, this measure is temporary and emergency until the fully-qualified judges are identified.
Rouhullah al-Mousawi al-Khomeini
28,1364 AHS