¶ÙÄ€³Õ´¡¸é, Ê¿ALĪ-AKBAR (b. Tehran, 1302/1885, d. Tehran, 21 Bahman 1315 Š./10 February 1937), journalist, politician, statesman, and founder of the modern Persian judicial system, as well as of several state enterprises in the time of ReÅ¼Ä Shah (1304-20 Š/1925-41). He was the son of Kalb-Ê¿AlÄ« Khan ḴÄzen Ḵalwat, a government employee, and was educated at the DÄr al-fonÅ«n, from which he received his diploma in humanities in 1327/1909 (Ê¿Ä€qelÄ«, pp. 12-13). With the help of the Persian Democratic party (FerqÄ-ye demokrÄt-e ĪrÄn), he began his career at the Ministry of justice (WezÄrat-e Ê¿adlÄ«ya), where he was appointed to the district court (á¹¢adÄ«q, p. 265). In 1328/1910, at the age of twenty-five years, he became district attorney for Tehran. In this period he also wrote political articles for the radical newspaper Šarq, which was edited by Sayyed ŻīÄʾ-al-DÄ«n ṬabÄá¹abÄʾī (Ê¿Ä€qelÄ«, p. 16). In 1329/1911 ḤÄjj EbrÄhÄ«m PanÄhÄ«, a merchant in TabrÄ«z, provided financing for him to study in Switzerland while serving as guardian for PanÄhÄ«’s minor child. In 1920 DÄvar received a law degree from the Université de Genève and became a doctoral candidate. After the announcement of the Anglo-Persian Agreement of 1919 he joined with other Persian intellectuals abroad in opposing it and wrote several newspaper articles (AfšÄr, pp. 454-74). Nevertheless, when the news of ŻīÄʾ-al-DÄ«n’s coup d’etat of 1299 Š./1921 reached him in Switzerland DÄvar abandoned work on his doctoral thesis in law and returned to Persia to enter politics. He first became director of public education and then director-general of the Ministry of education (WezÄrat-e maÊ¿Äref; á¹¢adÄ«q, p. 268).
In the elections of 1301 Š./1922 DÄvar became representative for VarÄmÄ«n to the Fourth Majles. During this period he briefly published the newspaper Mard-e ÄzÄd, for which he wrote radical editorials read mostly by the Persian intelligentsia (ḴᵛÄja NÅ«rÄ«, p. 10); organized 330 young intellectuals in the Radical party (Ḥezb-e rÄdÄ«kÄl; Ê¿Ä€qelÄ«, p. 33); and formed a group in the Majles to support the minister of war, ReÅ¼Ä Khan (BahÄr, II, p. 91). In the elections for the Fifth Majles in 1303 Š./1924 he became deputy from LÄr. Five other members of the Radical party were also elected. DÄvar rose to prominence in the Majles and joined with Ê¿Abd-al-Ḥosayn TeymÅ«rtÄš, and FÄ«rÅ«z MÄ«rzÄ FÄ«rÅ«z (Noá¹£rat-al-Dawla) to lead support for ReÅ¼Ä Khan. On 25 Bahman 1303 Š./14 February 1925 DÄvar presented a bill to appoint ReÅ¼Ä Khan commander-in-chief of the army. On 9 Ä€bÄn 1304 Š./31 October 1925 he also introduced legislation to depose the Qajar dynasty and entrust the state to ReÅ¼Ä Khan, pending the convening of a constituent assembly (Majles-e moʾassesÄn) to amend certain articles in the Addendum to the Constitution. Eighty of eighty-five deputies in the Majles had cosigned the bill. In this historic session of the Majles it was DÄvar who gave detailed replies to questions raised by Sayyed Ḥasan Modarres and Dr. Moḥammad Moá¹£addeq (AmÄ«r ṬahmÄsbÄ«, pp. 248-67; Ê¿Ä€qelÄ«, pp. 71-85; MakkÄ«, p. 337). He was then put in charge of organizing the constituent assembly and became spokesman for the Committee to amend the constitutional law (KomÄ«sÄ«Å«n-e moá¹ÄleÊ¿a), which paved the way for transfer of kingship to ReÅ¼Ä Khan and his descendants (á¹¢adÄ«q, 1352 Š./1973b, pp. 303-05; AmÄ«r ṬahmÄsbÄ«, pp. 427, 507, 615-17).
Under ReÅ¼Ä Shah DÄvar became head of the Ministry of public utilities and trade (WezÄrat-e fawÄʾed-e Ê¿Ämma wa tejÄrat) in the cabinet of Moḥammad-Ê¿AlÄ« Forūḡī (28 Ä€á¸ar 1304 Š./19 December 1925). In this position he oversaw preparations for constructing the Persian railroad. He founded a school of business, the Madrasa-ye tejÄrat, in Tehran and laid the foundations for a Persian chamber of commerce. In 1305 Š./1926 he was again elected representative from LÄr to the Sixth Majles (Ê¿Ä€qelÄ«, p. 91), and in February 1927 he was appointed minister of justice in the cabinet of Ḥasan MostawfÄ«.
The judicial system established in 1324/1906-07 by MÄ«rzÄ á¸¤asan Khan MošÄ«r-al-Dawla had evolved gradually, but it still suffered from organizational deficiencies, particularly the proliferation of religious and secular jurisdictions and absence of a uniform legal code, most notably in civil and criminal areas. In 1306 Š./1927 the government decided to revoke capitulations (q.v.) to foreign powers, which had permitted their citizens to be tried in special courts, and to bring the entire judiciary under Persian control; in exchange the foreign powers insisted that the government take measures to centralize and modernize the Persian judicial system (KomÄ«sÄ«Å«n-e mellÄ«, p. 993). DÄvar seized this opportunity, and on 27 Bahman 1305 Š./17 February 1927 he was granted discretion by the Majles to compile a new legal code on the basis of reformed principles and to select a body of qualified judges. DÄvar appointed committees of experts to formulate new legislation; in a very short period 120 separate legal bills were ratified by the judiciary committee of the Majles. The most important was the civil code, and in addition there were the basic judicial law, the criminal code, the commercial code, and the code for religious courts (á¹¢adÄ«q, 1352 Š./1973a, p. 126). On 5 OrdÄ«behešt 1306 Š./25 April 1927 the new legal system was inaugurated in the presence of ReÅ¼Ä Shah, who at the same time officially terminated the capitulations (ŠafÄ, I, p. 56).
In the seven years that he served as minister of justice DÄvar founded new courts throughout Persia and selected suitable judges, both from among those already serving and from among qualified religious jurists (mojtaheds) and government employees. It was also he who organized the recording of documents and properties in appropriate registries (see DAFTAR-E ASNÄ€D-E RASMĪ). Other achievements included combining the ministerial schools of law and political science into the Higher school of law and political science (Madrasa-ye Ê¿ÄlÄ«-e ḥÅqÅ«q wa Ê¿olÅ«m-e sÄ«ÄsÄ«) under the supervision of the Ministry of education, in 1306 Š./1927, and organizing courses in jurisprudence in the Ministry of justice. DÄvar also formulated rules and regulations for the office of defense attorney (Ê¿Ä€qelÄ«, pp. 188-89).
The most important criticism of DÄvar’s performance as minister of justice was that he retained for himself power to intervene in the judgments of the courts and to remove disobedient judges; this power was embodied in an amendment weakening Article 82 of the Constitutional law, which had established an independent judiciary. The amendment was ratified by the Majles judiciary committee on 26 MordÄd 1310 Š./17 August 1931 (AfšÄr, pp. 363-71; for some cases under the amendment, see KasrawÄ«, pp. 256-57, 272, 288-90, 305-40).
In 1311 Š./1932 the Persian government unilaterally abrogated the oil treaty with the British (see ANGLO-PERSIAN OIL COMPANY), who filed a complaint with the Permanent Court of International Justice. The Persian government denied the jurisdiction of the court over its internal affairs, and the British appealed to the Council of the League of Nations. In February DÄvar headed a delegation to Geneva to respond to the complaint; the defense was successful, and the court found in favor of Persia, denying the court jurisdiction (FÄteḥ, p. 292; Ê¿Ä€qelÄ«, pp. 207-41).
In September DÄvar was appointed minister of finance in the cabinet of Moḥammad-Ê¿AlÄ« Forūḡī. During the next five years he strove to strengthen the Persian economy, founding or enlarging numerous state enterprises and monopolies. He instituted barter transactions with Germany and the Soviet Union, exporting agricultural products in exchange for industrial goods. In order to promote and standardize exports and to streamline the distribution system, he also centralized the management of state companies (WakÄ«lÄ«, pp. 32-98). Forūḡī’s government resigned in 1314 Š./1935, and DÄvar expected to be named prime minister; instead the shah appointed MaḥmÅ«d Jam, reappointing DÄvar as minister of finance. DÄvar considered this choice a sign of the shah’s disfavor and feared for his life. Fear and the increasing pressures of work, especially the problem of ensuring sufficient grain for Tehran in the drought year 1315 Š./1936, contributed to his suicide from an overdose of opium in February 1937 (TaqÄ«zÄda, pp. 220-22).
DÄvar was a capable, ambitious, and courageous statesman, devoted to his work. As a politician, he was machiavellian, believing that the end justifies the means (AfšÄr, pp. 457-59; GolšÄʾīÄn, pp. 611-22). Aside from his judicial and economic reforms, his legacy included his influence on a group of capable administrators of the next generation, including Ê¿AlÄ« AmÄ«nÄ«, Ê¿AbbÄsqolÄ« GolšÄʾīÄn, Aḥmad MatÄ«n DaftarÄ«, and AllÄhyÄr á¹¢Äleḥ.
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(BÄqer Ê¿Ä€qelÄ«)
Originally Published: December 15, 1994
Last Updated: November 18, 2011
This article is available in print.
Vol. VII, Fasc. 2, pp. 133-135
