| Document Name: | Constitution of the Islamic Republic of Iran |
| Jurisdiction: | Islamic Republic of Iran |
| Date Created: | 24 October 1979 |
| Date Ratified: | 3 December 1979 |
| Date Effective: | 3 December 1979 |
| Branches: | 3 |
| Chambers: | Islamic Consultative Assembly Guardian Council |
| Date Legislature: | 14 March 1980 |
| Head Of State: | Supreme Leader |
| Executive: | President-led Government Prime Minister (until 1989) |
| Courts: | Judicial system of the Islamic Republic of Iran Supreme Court of Iran |
| Number Amendments: | 1 |
| Date Last Amended: | 28 July 1989 |
| Location Of Document: | Tehran |
| Date First Executive: | 5 February 1980 |
| Signers: | Constitutional referendum by the citizens of Iran |
| Supersedes: | Persian Constitution of 1906 |
The Constitution of the Islamic Republic of Iran[1] [2] (Persian: قانون اساسی جمهوری اسلامی ایران, 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,[3] [4] and went into force replacing the Constitution of 1906.[5] It has been amended once, on 28 July 1989.[6] The constitution was originally made up of 175 articles in 12 chapters, but amended in 1989 to 177 articles in 14 chapters.
It has been called a hybrid regime of theocratic and democratic elements. Articles One and Two vest sovereignty in God and Article Six "mandates popular elections for the presidency and the Majlis, or parliament."[7] Main democratic procedures and rights are subordinate to the Guardian Council and the Supreme Leader, whose powers are spelled out in Chapter Eight (Articles 107–112).[7] [8]
See main article: Assembly of Experts for Constitution.
See also: Iranian Constitution of 1906. Over the course of the year 1978 Iran was subject to worsening cycles of "provocation, repression, and polarization"[9] in political unrest. It became more and more clear that the Pahlavi regime was likely to fall and that the leader of the revolution taking his regime down was Ayatollah Ruhollah Khomeini. Work began on a constitution for the new Islamic state that would follow the revolution. A preliminary draft was (according to Asghar Schirazi) begun in Paris by one Hassan Habibi while Khomeini was still in exile there. It was structured like the 1958 constitution of the French Fifth Republic with separation of powers among the executive, judicial and parliamentary branches.[10] An outline was presented to Khomeini in January 1979 and he brought it with him when he returned to Iran. After being reworked by two different commissions, it was published on 14 June 1979 by the provisional government of Mehdi Bazargan as the official preliminary draft of the constitution.[11]
The preliminary draft differed from the final version of the constitution in a number of ways. It made no reference to velayat-e faqih, and did not "reserve any special posts for Islamic jurists" except on the guardian council where they made up a minority and were to be approved by the parliament from a list drawn up by the "highest religious authorities".[11]
Despite this, Khomeini made "only two small changes (in part to bar women from the presidency and judgeships)",[12] in the draft, and publicly stated his approval of the draft "on more than one occasion", declaring at one point that it "must be approved quickly".[11] The Council of the Islamic Revolution approved of it unanimously after examination and "declared it to be the official preliminary draft of the Revolutionary Council".[11]
What happened next is disputed. The revolutionaries' original plan was to have a Constituent Assembly of hundreds of people write the new constitution, but with this broad support for the preliminary draft, there now seemed to be a consensus in favor of a much more streamlined completion. An "Assembly of Experts" of only a few dozen members would go over the text and "present it for final ratification in a national referendum".[11]
But Baqer Moin writes of contradictions in statements by Khomeini and questions about the election of the Experts. At the same time Ayatollah was publicly declaring the draft to be `correct`, he "had already started to denounce the supporters of a `Democratic Islamic Republic,` whose ideas were enshrined in the draft", and who included the man he had appointed president, Bazargan, as `enemies of Islam.` Also dismaying Bazargan and his colleagues, was the decision by the clerical members of the Revolutionary Council, without consulting them, to have the constitution finalized by a much smaller body—an `Assembly of Experts` with 70 members, which alarmed them because with much larger constituencies and fewer candidates "it would be easier to rig the elections". If Khomeini's network succeeded in doing so, "the likelihood of dissenting voices in the Assembly could be reduced to almost nothing".[13]
During a joint summit between the members of the provisional government and the Superieur Council of Revolution with the presence of Khomeini in Qom, it was decided that an Assembly for the Final Review of the Constitution was to be established for a final evaluation of the constitution of Iran.
The assembly members were voted on in the summer of 1979. Out of the "72 delegates whose election was officially recognized, 55 were clerics", almost all of them following "the line of the Imam", i.e. Khomeini loyalists.[14] (Other delegates were from different minorities of religions, scientists, Athletes.)
Schirazi writes that Khomeini then announced that the job of "determining whether or not" the constitution was "in conformity with Islamic requirements" was "exclusively reserved for revered jurists",[15] to the surprise of those outside his network. Also at odds with previous statements was that instead of quickly approving the draft, the Assembly for the Final Review of the Constitution (dominated by Khomeini supporters) rewrote it, adding a Guardian Jurist (wali-e faqih) leader with powers over other branches of government, and significantly increasing the power of the Council of Guardians.[16] (The offices of the President and the Prime Minister were retained for the executive branch of government from the French model.)[17]
A different version of events comes from Shaul Bakhash, who writes that Khomeini and his supporters accepted the preliminary draft but were provoked by an "opposition determined to establish a secular state".[12] A secularist group calling itself a "Seminar on the People's Expectations from the Constitution", called for changes in the draft: "a ceremonial president, supremacy of parliament, independent judiciary, individual rights, and equal rights for women, proposed making the universal declaration of Human Rights part of the constitution, more decentralization, and `democratization` of the army".[18] This led "Khomeini to spur the Islamic groups to counterattack', telling his supporters that the determination of whether articles of the constitution meet Islamic criteria `lies within the exclusive jurisdiction of the leading Islamic jurists,` and non-jurists should not get involved."It quickly became clear to Khomeini and his lieutenants that there existed considerable support and no mass opposition to the doctrine and that the constitution could serve to institutionalize both the supremacy of the faqih and clerical rule."[19] The idea that Khomeini "should be entrusted with supreme authority under the constitution" was brought up by provincial clerics in the Assembly and was quickly embraced by the Assembly.[19]
The assembly worked for sixty-seven sessions and in four rounds. The first round was considered with a preliminary evaluating of principles. The second round considered with providing principles in groups. The third round dealt with approbation of principles and the fourth round with investigation of all collection of principles.
According to a legal bill of council of revolution, the draft was put to a vote through a referendum, with voters given the option of voting yes or no. On 2–3 December 1979 Iranians voted, and the official result was over 99% in favor. (The vote was boycotted by some secular, leftist and Kurdish groups; and total of 15,578,956 votes was almost 5 million less than the earlier referendum for an Islamic Republic.)[20]
See main article: 1989 Iranian constitutional referendum. On 24 April 1989, Ayatollah Khomeini issued a decree convening an Assembly for Revising the Constitution. It made several changes in the constitution, in Articles 5, 107, 109, 111, eliminating the need for the Supreme Leader to be a Marja' chosen by popular acclaim.[21] It made permanent the Expediency Discernment Council to work out disagreements between the Parliament and Council of Guardians, and eliminated the post of Prime Minister. The amendment concerning qualifications for the Supreme Leader is thought to have been introduced and approved because no marja' had given strong support for Khomeini's policies.[22] The amendments were approved by the voting public on 28 July 1989 (in same election as Akbar Hashemi Rafsanjani was elected to the first of two terms as President of Iran).[23]
While liberal and leftist values are present in the constitution, the overriding both are "the values, principles and institutions of an ideal Islamic society", The Ayatollah Khomeini's concept of Velayat-e Faqih, i.e. Guardianship or rule of the Islamic Jurist, is enshrined in several places in the constitution.[24] One example is the section "Method of Governance in Islam" in the preamble, where it is stated In case the term ‘righteous’ is ambiguous, a later section of the Preamble (Guardianship of the Jurist) states Article 109, stipulates that the Leader must possess the "scholarship, as required for performing the functions of mufti in different fields of fiqh", i.e. only a high level cleric of Islamic law may be the Leader. Article 113 states the Leader is the highest public official in Islamic Republic of Iran.[24] The Head of Judiciary, who has considerable power (Establishing the organizational structure of the Judiciary, Drafting judiciary bills for parliament, hiring, dismissing, transferring judges) must be an Islamic legal cleric (mujtahid); as must be the President of the Supreme Court, the Attorney General (Article 162), and six out of the twelve members of theGuardian Council who are appointed by the Leader (Article 91) and have the power to veto legislation from the parliament that they believe does not conform to sharia (Article 96).[24]
Hassan Vakilian cites Article 4: as evidence "Sharia laws and principles" ("Islamic criteria" in the article above) "must be considered as a main source of the legal order" in the constitution.[24] Sharia is referred to numerous times in the constitution but often by another terms (as it is above):
The preamble or introduction of the constitution touches on (its version of) events leading up to the revolution and on key features of the new Islamic regime:
How the "anti-despotic movement for constitutional government [1906–1911], and anti-colonialist movement for the nationalization of petroleum" in the 1950s failed "due to departure from genuine Islamic positions"; a matter rectified by the "authentically Islamic and ideological line" under the leadership pursued under the leadership of Grand Ayatollah Khomeini.
How the movement dawned in June 1963 with "the devastating protest by Imam Khomeini against the American conspiracy known as the 'White Revolution'".[25]
The plan of Islamic government set forth by Imam Khomeini known as "governance of the faqih".[25]
The fury of the Iranian people at a January 7, 1978 newspaper article insulting Imam Khomeini.[25]
The "watering" of the "sapling" of the revolution "by the blood of 60,000 martyrs".
How 98.2% of voters approved of Iran becoming an Islamic Republic.[25]
Our nation "intends to establish the ideal and model society" with the final goal of "movement toward God".[25]
Governance by the "just faqih" will prevent deviation of the government from essential Islamic duties.[25]
The economy in Islam will be "a means not an end", providing work, "suitable opportunities", "essential needs".[25]
The family is "the fundamental unit of society" within which women will recover their "precious function of motherhood".[25]
The Army and Islamic Revolutionary Guard Corps are responsible not only for guarding the country but for "fulfilling the ideological mission of jihad in God's path".[25]
The judicial system will be based on Islamic justice.[25] The executive branch will implement "the laws and ordinances of Islam".[25]
"Mass communications media" will diffuse Islamic culture and refrain from anti-Islamic "qualities".[25]
The "central axis" of the theocracy shall be Quran and hadith, and as framed by the Assembly of Experts for Constitution, who hope that "this century will witness the establishment of a universal holy government and the downfall of all others."[26] (See also: Mahdi and Mohammed al-Mahdi)
Some of the more important articles of the constitution are described below:
The form of Government in Iran is that of an Islamic Republic following the Islamic revolution led by Grand Ayatollah Khomeini, affirmed by the referendum of Farvardin 9 and 10.
The Islamic Republic is a system based on the belief in:[27]
The duty of the Islamic Republic is to direct all of its resources to a number of goals.
These goals were designed to emphasize positive liberty.
Some of the goals are put in context of the requirements of Islam. For example:
All laws and regulations "absolutely and generally" must be based on Islamic criteria. Enforcing this will be the Islamic jurists (fuqaha') and the Council of Guardians.
Olivier Roy points out that traditionally sharia was the "sole foundation for the judicial norm", not constitutions which were secular. Khomeini himself specifically affirmed the preeminence of the Islamic state over sharia in January 1989 when he publicly dressed down the future Supreme Leader Ali Khamanei, pronouncing the opposite.
During the occultation of the Twelfth Imam, the Ummah (Islamic community) must be led by a just and pious, courageous, resourceful faqih (Islamic jurist) knowledgeable about affairs of the day, in accordance with Article 107.
"The official religion of Iran is Islam"—specifically of the Twelver Shi'ism in Usul al-Dîn and of the Ja'farî school in fiqh, -- "and this principle will remain eternally immutable."
"Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities", who, within the limits of the law, are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education.
"The government ... and all Muslims are duty-bound to treat non-Muslims" with "Islamic justice and equity", provided those non-Muslims "refrain from engaging in conspiracy or activity against Islam and the Islamic Republic of Iran".
The "Official language and writing script (of Iran)... is Persian. In addition "regional and tribal languages" are allowed "in the press and mass media, as well as for teaching of their literature in schools"
"Since the language of the Qur'an and Islamic texts ... is Arabic", Arabic "must be taught ... in school from elementary grades until the end of high school."
The official calendar of Iran is the Solar Hijri calendar, which combines a year zero from the Islamic Hijri calendar, and organization of months according to the Iranian solar calendar. "The official weekly holiday is Friday. Both the solar and lunar Islamic calendars are recognized".
The official flag of Iran is composed of green, white and red colours with the special emblem of the Islamic Republic, together with the motto (Allahu Akbar).
Women will enjoy equal legal, "human, political, economic, social, and cultural rights", when "in conformity with Islamic criteria".
"The dignity, life, property, rights," etc. "of the individual are inviolate", "except in cases sanctioned by law".
The Iranian constitution holds that “the investigation of individuals’ beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief.”
"Publications and the press are free to discuss issues" unless it is "deemed harmful to the principles of Islam or the rights of the public."[28]
Assembly is allowed, "provided arms are not carried" and the assemblies "are not detrimental to the fundamental principles of Islam".
"Innocence is to be presumed, ... unless his or her guilt has been established by a competent court."
It is a "universal right" of all to enjoy social insurance or other forms of security for "retirement, unemployment, old-age disability", lack of guardianship, being a wayfarer, accident and the need for health and treatment services and medical care. The government, in accordance with the laws and by drawing on national revenues, is required to provide such insurance and economic protection to each and every citizen of the country.
"All forms of torture for the purpose of extracting confession or acquiring information are forbidden. Compulsion of individuals to testify, confess, or take an oath is not permissible; and any testimony, confession, or oath obtained under duress is devoid of value and credence. Violation of this article is liable to punishment in accordance with the law."[29]
Videotaped confessions and "ideological recantations" by opponents of the regime are very common on Iranian broadcast television. The government denies using torture (shekanjeh) to elicit these statements, but Human Rights Watch calls torture and other ill-treatment "widespread and systematic" in Iran. Historian Ervand Abrahamian[30] describes on way the government has found to skirt the explicit ban on torture and coerced confessions in the Constitution,[31] by using Ta'zir or "Discretionary Punishment" of up to 74 lashes for lying to authorities."The new regime has often told UN delegations that ta'zir should not be equated with torture because it is sanctioned by the sharia and administered by qualified magistrates."[31]
"The economy of Iran is to consist of three sectors: state, cooperative, and private; and is to be based on systematic and sound planning.""All large-scale and mother industries, foreign trade, major minerals, banking, insurance, power generation, dams, and large-scale irrigation networks, radio and television, post, telegraph and telephone services, aviation, shipping, roads, railroads and the like" are to be entirely owned by the government. This article was amended in 2004 to allow for privatization.[32] [33] [34]
"The government has the responsibility of confiscating all wealth accumulated through usury, usurpation, bribery, embezzlement, theft, gambling, misuse of endowments, misuse of government contracts and transactions, the sale of uncultivated lands and other resources subject to public ownership, the operation of centers of corruption, and other illicit means and sources, and restoring it to its legitimate owner; and if no such owner can be identified, it must be entrusted to the public treasury. This rule must be executed by the government with due care, after investigation and furnishing necessary evidence in accordance with the law of Islam."
Protecting the environment is "a public duty" and economic activity that degrades or causes irreversible harm to the environment is forbidden.
The executive, judicial, and legislative branches are separate powers and supervised by the leadership (Article 57);Pursuant to Article 60, the president fulfills "executive" functions "except in the matters that are directly placed under the jurisdiction of the [Leader]" as enumerated in Article 110. Suspension of elections is allowedduring wartime (Article 68).
Representatives of the people to be members of the Islamic Consultative Assembly will be elected directly and by secret ballot (Article 62),
Term of membership in the Islamic Consultative Assembly is four years (Article 63),
There are to be 270 members, for minority religions, Zoroastrians and Jews will each elect one representative; Assyrian and Chaldean Christians will jointly elect one representative; and Armenian Christians in the north and those in the south of the country will each elect one representative (Article 64),
Deliberations of the Islamic Consultative Assembly must be open, and full minutes of them made available to the public (Article 69),
The Islamic Consultative Assembly cannot enact laws contrary to the usul and ahkam of the official religion of the country or to the Constitution. It is the duty of the Guardian Council to determine whether a violation has occurred, in accordance with Article 96 (Article 72).
Multinational corporations are forbidden from taking over certain businesses in Iran: "concessions to foreigners or the formation of companies" in Iran is forbidden.
A "Guardian Council" is to "examine the compatibility of the legislations passed by the Islamic Consultative Assembly with Islam". The council is to be made up of:
The Guardian Council has the responsibility of supervising the elections of the Assembly of Experts for Leadership, the President of the Republic, the Islamic Consultative Assembly, and the direct recourse to popular opinion and referenda.
"Each village, division, city, municipality, and province will be supervised by a council" to "expedite social, economic, development, public health, cultural, and educational programmes" etc. "according to local needs". Members of these councils "will be elected by the people of the locality".
In order to prevent discrimination and secure the cooperation, and arrange for the supervision, a Supreme Council of the Provinces will be formed, composed of representatives of the Provincial Councils.
The Supreme Council of the Provinces may draft bills and submit them to the Islamic Consultative Assembly,
Provincial governors, city governors, divisional governors, and other officials appointed by the government must abide by all decisions taken by the councils within their jurisdiction.
In order to ensure Islamic equity and cooperation, councils consisting of the representatives of the workers, peasants, other employees, and managers, will be formed in educational, administrative, industrial and other units, composed of representatives of the members of those units.
Decisions taken by the councils must not be contrary to the criteria of Islam and the laws of the country.
The councils may not be dissolved unless they deviate from their legal duties.
After the death of Grand Ayatollah Khomeini, the Experts shall choose a new leader from among the fuqaha possessing qualities specified in articles 5 and 105. It also states that the leader is legally equal to the populace.
Before the 1989 amendments to the constitution, Article 107 called for the leader to be someone who was "accepted as a marja' and Leader by a decisive majority of the people", and if such a person could not be found, to appoint a "leadership council" made up of marja'[35] In his book Islamic Government: Guardianship of the Jurist, Khomeini had argued that "only the most senior religious jurists -- not just any cleric -- had the scholastic expertise and the educational training to fully comprehend the intricacies of Islamic jurisprudence."[36] According to historian Ervand Abrahamian, the original constitution also declared that "the leadership clauses, especially those stipulating that ultimate authority resides in the senior religious jurists [marja'], were to endure until the Mahdi, the Lord of the Age, reappears on earth."[37]
They were amended nonetheless because the Assembly of Experts that would choose the next leader knew "well that the senior jurists distrusted their version of Islam", i.e. Khomeini and his supporters interpretation of Islam.[38] Abrahamian argues that this "unwittingly undermined the intellectual foundations" of the jurist's roll as guardian.[36] Another scholar (Olivier Roy) called the change "an end to the logic of the Islamic revolution" for the same reason.[39]
The constitution accords many powers to the Supreme Leader of Iran, including:
Human rights groups have argued that the Supreme Leader's powers extend beyond those specifically enumerated in the Constitution because he can use "Islamic issues for justification."[40]
Under some circumstances, such as incapacity, a leader can be removed or replaced.
If a proposed bill of Majles is "against the principles of Shariah or the Constitution," then the Guardian Council should meet with the Expediency Council to resolve the legislative deadlock.
The president is the second-highest office holder (Article 114),
elected for a four-year term (Article 114).
He must be of Iranian origin and nationality and a Twelver Shi'i, have administrative capacity and resourcefulness, virtues of trustworthiness and piety, stay loyal to the principles of the Islamic Republic (Article 115)
and declare his candidacy officially (Article 116).
Elections will have a second run-off round if there is no majority in the first round (Article 117),
will be supervised by the Guardian Council (Article 118)
and must take place no later than one month before the end of the term of the outgoing president. (Article 119),
Foreign military bases in Iran, even for peaceful purposes, are forbidden.
The foreign policy of the Islamic Republic of Iran is based upon the rejection of all forms of domination, both the exertion of it and submission to it, the preservation of the independence of the country in all respects and its territorial integrity, the defence of the rights of all Muslims, non-alignment with respect to the hegemonic superpowers, and the maintenance of mutually peaceful relations with all non-belligerent States.[41] [42]
Any form of agreement resulting in foreign control over the natural resources, economy, army, or culture of the country, as well as other aspects of the national life, is forbidden.
The ideal of the Islamic Republic of Iran is independence, justice, truth, and felicity among all people of the world. Accordingly, it supports the just struggles of the Mustad'afun (oppressed) against the Mustakbirun (oppressors) in every corner of the globe.
The government of the Islamic Republic of Iran may grant political asylum to those who seek it and are worthy of it.
Duties of the Judiciary:
The Leader shall appoint the head of the judiciary
The head of the judiciary shall be responsible for the establishing the structure for the administration of justice; draft bills on the judiciary; appointing, dismissing, transferring judges (Article 158),
Grievances and complaints will be referred to the courts
The Supreme Court will "supervise the correct implementation of the laws by the courts", ensure "uniformity of judicial procedure";
The chief of the Supreme Court and the Prosecutor-General must both be just mujtahids (Islamic jurisprudents). They will be nominated by the head of the judiciary branch for a period of five years, in consultation with the judges of the Supreme Court;
Judges cannot be removed from office except by trial and conviction, or by being dismissed in consequence of a violation;
Trials are to be open to the public; unless detrimental to public morality or discipline, or in case of private disputes;
Verdicts of courts must be well reasoned out and documented (Article 166),
Judges must make use of "Islamic sources and...verdicts " in matters where the Iranian law books are silent;
"Political and press offences will be tried openly ... in accordance with the Islamic criteria";
"No act or omission may be regarded as a crime with retrospective effect on the basis of a law framed subsequently";
Judges may not execute statutes and regulations that conflict with the laws or the norms of Islam;
When there is a moral or material loss as the result of an incorrect ruling of a judge the defaulting judge must stand surety for the reparation of that loss in accordance with the Islamic criteria;
Military courts will be established to investigate crimes committed in connection with military or security duties by members of the military or security;
The National General Inspectorate will "supervise the proper conducting of affairs and the correct implementation of laws by the administrative organs of the government".
This article guarantees the freedom of expression and dissemination of thoughts in the "Radio and Television of the Islamic Republic of Iran" when keeping with the Islamic criteria and best interests of the country. It gives the Leader the power to appoint and dismiss the head of the "Radio and Television of the Islamic Republic of Iran" and establishes a council with two representatives (six in total) from each branch of the government to supervise this organization.[43]
Chapter 8, which has only one article, establishes Iran's National Security Council."The Council shall consist of: heads of three branches of the government, chief of the Supreme Command Council of the Armed Forces, the officer in charge of the planning and budget affairs, two representatives nominated by the Leader, ministers of foreign affairs, interior, and information, a minister related with the subject, and the highest-ranking officials from the Armed Forces and the Islamic Revolution's Guards Corps."
To revise the constitution, the Leader must "issue an edict to the President after consultation with the Nation's Exigency Council stipulating the amendments or additions to be made by the Council for Revision of the Constitution which consists of:
Whatever this Council and the Leader agree on will be put to a national referendum and amend the constitution if it receives an absolute majority vote. (Unlike referenda under Article 59, where referendum must be approved by a supermajority of the Islamic Consultative Assembly before going to a vote.)[44]
Parts of the constitution that cannot be amended: "Articles of the Constitution related to the Islamic character of the political system; the basis of all the rules and regulations according to Islamic criteria; the religious footing; the objectives of the Islamic Republic of Iran; the democratic character of the government; the wilayat al-'amr; the Imamate of Ummah; and the administration of the affairs of the country based on national referenda, official religion of Iran [Islam] and the school [Twelver Ja'fari]".
This article itself was a revision to the Constitution, so the constitution was amended in 1989 without this chapter allowing amendments being a part of the constitution.[45]