Constitution of Islamic Republic of Iran
Encyclopedia
The Constitution of the Islamic Republic of Iran was adopted by referendum on October 24, 1979, and went into force on December 3 of that year, replacing the Constitution of 1906
. It was amended
on July 28, 1989. The constitution has been called a "hybrid" of "authoritarian, theocratic and democratic elements". While articles One and Two vest sovereignty in God, article six "mandates popular elections for the presidency and the Majlis, or parliament." However all 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).
in June 1979 was modeled on the 1958 constitution of the French Fifth Republic
. The offices of the President and the Prime Minister were retained for the executive branch of government from the French model.
issued a decree convening an Assemby for Revising the Constitution. It made several changes in the constitution, in Articles 5, 107, 109, 111, eliminating the need for the Leader
to be a marja
or to be chosen by popular acclaim. 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 amendments were thought to be established because no marja had given strong support for Khomeini's policies - The amendments were approved by the voting public in August 1989 (in same election as Akbar Hashemi Rafsanjani
was elected to the first of two terms as President of Iran).
[1906-1911], and anti-colonialist movement for the nationalization of petroleum" in 1950s failed because of lack of religious coloring thereunder. Moreover, the "central axis" of the theocracy shall be Quran and hadith
.
Preamble further states: "The Assembly of Experts for Constitution...fram[ed] the Constitution...[after input] by the government...with the hope that this century will witness the establishment of a universal holy government and the downfall of all others." (See also: Mahdi
and Mohammed al-Mahdi)
Article 2 goes on to state that human beings have dignity, value and freedom with responsibility to God. From that concept, several other governing concepts (for example equity & justice) are stated to be secured by:
These goals were designed to emphasize positive liberty
.
Some of the goals are put in context of the requirements of Islam. For example:
must choose a leader in accordance with Article 107 for this office. This is stated to be related to the disappearance of the Twelfth Imam
whom it asks God to return.
."
Per Article 16, "Since the language of the Qur'an and Islamic texts ... is Arabic it must be taught ... in from elementary grades until the end of high school."
Article 24 safeguards press freedoms
Article 27 provides for freedom of assembly, "provided arms are not carried" and the assemblies "are not detrimental to the fundamental principles of Islam".
Article 29 [Welfare benefits] 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.
is to consist of three sectors: state, cooperative, and private; and is to be based on systematic and sound planning. This article has been amended in 2004 to allow for the Privatization of the Iranian economy.
Article 49: 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.
Article 57 states the Separation of Powers
.
from taking over certain businesses in Iran saying, "concessions to foreigners or the formation of companies" in Iran is forbidden.
.
Some say that the Supreme Leader's powers extend beyond those enumerated in the Constitution because he can use "Islamic issues for justification."
Article 112: 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.
Chapter X
Foreign Policy
Article 152
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.
Article 153
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.
Article 154
The Islamic Republic of Iran has as its ideal human felicity throughout human society, and considers the attainment of independence, freedom, and rule of justice and truth to be the right of all people of the world. Accordingly, while scrupulously refraining from all forms of interference in the internal affairs of other nations, it supports the just struggles of the mustad'afun (oppressed) against the mustakbirun (oppressors) in every corner of the globe.
Article 155
The government of the Islamic Republic of Iran may grant political asylum to those who seek it unless they are regarded as traitors and saboteurs according to the laws of Iran.
.
Itself a revision to the Constitution, Article 177 necessitates a “Council for Revision of the Constitution” to make future amendments to the Constitution. This panel’s membership is exclusively governmental officials beyond the advice of 3 university professors. The final amendments are put to referendum in a process initiated by the executive unlike Article 59 referendum which must be approved by a supermajority of the Islamic Consultative Assembly.
The article further stipulates that particular aspects of the Constitution are unalterable: the Islamic character of government and laws, the objectives of the republic, the democratic character of the government, “the absolute wilayat al-'amr and the leadership of the Ummah”, the administration of the country by referendum, and the official religion of Islam.
Iran Constitution of 1906
The Persia Constitution of 1906 was Persia's first constitution that resulted from the Persian Constitutional Revolution and it was written by Ismail Mumtaz. It divides into five chapters with many articles that developed over several years...
. It was amended
Iranian constitutional referendum, 1989
A constitutional referendum was held in Iran on 28 July 1989, alongside presidential elections. Approved by 97.6% of voters, It was the first and so far the only time the Constitution of the Islamic Republic of Iran has been amended. It made several changes to articles 5, 107, 109, 111, and added...
on July 28, 1989. The constitution has been called a "hybrid" of "authoritarian, theocratic and democratic elements". While articles One and Two vest sovereignty in God, article six "mandates popular elections for the presidency and the Majlis, or parliament." However all democratic procedures and rights are subordinate to the Guardian Council
Guardian Council
The Guardian Council of the Constitution , also known as the Guardian Council or Council of Guardians, is an appointed and constitutionally-mandated 12-member council that wields considerable power and influence in the Islamic Republic of Iran....
and the Supreme Leader
Supreme leader
A supreme leader typically refers to a figure in the highest leadership position of an entity, group, organization, or state, who exercises strong or all-powerful authority over it. In religion, the supreme leader or supreme leaders is God or Gods...
, whose powers are spelled out in Chapter Eight (Articles 107-112).
History
The draft constitution published by the provisional government of Mehdi BazarganMehdi Bazargan
Mehdi Bazargan was a prominent Iranian scholar, academic, long-time pro-democracy activist and head of Iran's interim government, making him Iran's first prime minister after the Iranian Revolution of 1979. He was the head of the first engineering department of Tehran University...
in June 1979 was modeled on the 1958 constitution of the French Fifth Republic
French Fifth Republic
The Fifth Republic is the fifth and current republican constitution of France, introduced on 4 October 1958. The Fifth Republic emerged from the collapse of the French Fourth Republic, replacing the prior parliamentary government with a semi-presidential system...
. The offices of the President and the Prime Minister were retained for the executive branch of government from the French model.
1989 Amendments
On 24 April 1989, Ayatollah KhomeiniRuhollah Khomeini
Grand Ayatollah Sayyed Ruhollah Musavi Khomeini was an Iranian religious leader and politician, and leader of the 1979 Iranian Revolution which saw the overthrow of Mohammad Reza Pahlavi, the Shah of Iran...
issued a decree convening an Assemby for Revising the Constitution. It made several changes in the constitution, in Articles 5, 107, 109, 111, eliminating the need for the Leader
Supreme Leader of Iran
The Supreme Leader of Iran is the highest ranking political and religious authority in the Islamic Republic of Iran. The post was established by the constitution in accordance with the concept of Guardianship of the Islamic Jurists...
to be a marja
Marja
Marja , also known as a marja-i taqlid or marja dini , literally means "Source to Imitate/Follow" or "Religious Reference"...
or to be chosen by popular acclaim. It made permanent the Expediency Discernment Council
Expediency Discernment Council
The Expediency Discernment Council of the System is an administrative assembly appointed by the Supreme Leader and was created upon the revision to the Constitution of the Islamic Republic of Iran on 6 February 1988...
to work out disagreements between the Parliament
Majlis of Iran
The National Consultative Assembly of Iran , also called The Iranian Parliament or People's House, is the national legislative body of Iran...
and Council of Guardians, and eliminated the post of Prime Minister. The amendments were thought to be established because no marja had given strong support for Khomeini's policies - The amendments were approved by the voting public in August 1989 (in same election as Akbar Hashemi Rafsanjani
Akbar Hashemi Rafsanjani
Ayatollah Akbar Hashemi Rafsanjani is an influential Iranian politician and writer, who was the fourth President of Iran. He was a member of the Assembly of Experts until his resignation in 2011...
was elected to the first of two terms as President of Iran).
Preamble
The constitution begins by stating that the "anti-despotic movement for constitutional governmentIranian Constitutional Revolution
The Persian Constitutional Revolution or Iranian Constitutional Revolution took place between 1905 and 1907...
[1906-1911], and anti-colonialist movement for the nationalization of petroleum" in 1950s failed because of lack of religious coloring thereunder. Moreover, the "central axis" of the theocracy shall be Quran and hadith
Hadith
The term Hadīth is used to denote a saying or an act or tacit approval or criticism ascribed either validly or invalidly to the Islamic prophet Muhammad....
.
Preamble further states: "The Assembly of Experts for Constitution...fram[ed] the Constitution...[after input] by the government...with the hope that this century will witness the establishment of a universal holy government and the downfall of all others." (See also: Mahdi
Mahdi
In Islamic eschatology, the Mahdi is the prophesied redeemer of Islam who will stay on Earth for seven, nine or nineteen years- before the Day of Judgment and, alongside Jesus, will rid the world of wrongdoing, injustice and tyranny.In Shia Islam, the belief in the Mahdi is a "central religious...
and Mohammed al-Mahdi)
Article 1 (Form of Government)
Article 1 states that the form of Government in Iran is that of an Islamic Republic. It explains this form is due to the referendum passed by 98% of the eligible voters of Iran and gives credit to Imam Khomeini for the victorious revolution.Article 2 (Foundation Principles)
Article 2 defined an Islamic Republic as a system based on the belief:- There is only one GodAllahAllah is a word for God used in the context of Islam. In Arabic, the word means simply "God". It is used primarily by Muslims and Bahá'ís, and often, albeit not exclusively, used by Arabic-speaking Eastern Catholic Christians, Maltese Roman Catholics, Eastern Orthodox Christians, Mizrahi Jews and...
. - Understanding God's divine nature is fundamental in setting laws
- Human beings return to God after death.
- God is just.
- Leadership shall continue the revolution of Islam.
Article 2 goes on to state that human beings have dignity, value and freedom with responsibility to God. From that concept, several other governing concepts (for example equity & justice) are stated to be secured by:
- That the leadership be qualified in regard to the Qur'anQur'anThe Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
and the SunnahSunnahThe word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...
. - The government should advance the arts and sciences.
- Oppression in any form is not acceptable.
Article 3 (State Goals)
Article 3 states the objective of the Islamic Republic is to direct all of its resources to a number of goals. These goals cover general topics in governance. For example:- Support good moral values based on faith
- Fight all forms of vice and corruption
- Raise public awareness through the proper use of the mass media and press
- Free education
- Free physical training
- Strengthening advanced scientific research
- The elimination of imperialism and foreign influence
- The elimination of despotism, autocracy and monopoly
- Ensure social and political freedoms within the law
- The end to all forms of undesirable discrimination
These goals were designed to emphasize positive liberty
Positive liberty
Positive liberty is defined as having the power and resources to fulfill one's own potential ; as opposed to negative liberty, which is freedom from external restraint...
.
Some of the goals are put in context of the requirements of Islam. For example:
- The planning of a just economic system
- Public cooperation of all people
- The creation of the government's foreign policy
Article 4 (Islamic Principle)
Article 4 is immutable and the Council of Guardians ensures that all articles of the Constitution as well other laws are based on Islamic criteria.Article 5 (Office of Religious Leader)
This article explains the leaders of UmmahUmmah
Ummah is an Arabic word meaning "community" or "nation." It is commonly used to mean either the collective nation of states, or the whole Arab world...
must choose a leader in accordance with Article 107 for this office. This is stated to be related to the disappearance of the Twelfth Imam
Muhammad al-Mahdi
Muḥammad ibn al-Ḥasan al-Mahdī is believed by Twelver Shī‘a Muslims to be the Mahdī, an ultimate savior of humankind and the final Imām of the Twelve Imams...
whom it asks God to return.
Language
Article 15 states that the "Official language (of Iran)... is Persian ...[and]... the use of regional and tribal languages in the press and mass media, as well as for teaching of their literature in schools, is allowed in addition to Persian.."
Per Article 16, "Since the language of the Qur'an and Islamic texts ... is Arabic it must be taught ... in from elementary grades until the end of high school."
Chapter III [Article 19 to 42]: Rights of People
Article 23 of 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.”Article 24 safeguards press freedoms
Article 27 provides for freedom of assembly, "provided arms are not carried" and the assemblies "are not detrimental to the fundamental principles of Islam".
Article 29 [Welfare benefits] 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.
Chapter IV [Article 43 to 55]: Economy & Financial Affairs
Article 44: The Islamic Republic is not a Communist state as the Islamic scholars fiercely oppose this. Notwithstanding this, pursuant to Article 44, "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 entirely owned by the government. According to the Article 44 of the Iranian Constitution, the economy of IranEconomy of Iran
The economy of Iran is the eighteenth largest in the world by purchasing power parity and according to Iranian officials' claims is going to become the 12th largest by 2015. The economy of Iran is a mixed and transition economy with a large public sector and some 50% of the economy centrally planned...
is to consist of three sectors: state, cooperative, and private; and is to be based on systematic and sound planning. This article has been amended in 2004 to allow for the Privatization of the Iranian economy.
Article 49: The government has the responsibility of confiscating all wealth accumulated through usury
Usury
Usury Originally, when the charging of interest was still banned by Christian churches, usury simply meant the charging of interest at any rate . In countries where the charging of interest became acceptable, the term came to be used for interest above the rate allowed by law...
, 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.
Chapter V [Article 56 to 61]: Right of National Sovereignty
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. Article 68 allows suspension of elections during wartime.Article 57 states the Separation of Powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
.
Article 81 [Foreign Business]
This article forbids multinational corporationMultinational corporation
A multi national corporation or enterprise , is a corporation or an enterprise that manages production or delivers services in more than one country. It can also be referred to as an international corporation...
from taking over certain businesses in Iran saying, "concessions to foreigners or the formation of companies" in Iran is forbidden.
Article 110 [Leadership Duties and Powers]
The constitution accords many powers to the Supreme LeaderSupreme leader
A supreme leader typically refers to a figure in the highest leadership position of an entity, group, organization, or state, who exercises strong or all-powerful authority over it. In religion, the supreme leader or supreme leaders is God or Gods...
.
Some say that the Supreme Leader's powers extend beyond those enumerated in the Constitution because he can use "Islamic issues for justification."
Article 112: 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.
Chapter IX [Article 113 to 151]: Presidency, Ministers, Army ,& Islamic Revolutionary Guards Corps
Article 146 [No Foreign Military Base]
"...[F]oreign military base in Iran, even for peaceful purposes, is forbidden."Chapter X [Article 152 to 155]: Foreign Policy
The Constitution of Islamic Republic of IranChapter X
Foreign Policy
Article 152
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.
Article 153
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.
Article 154
The Islamic Republic of Iran has as its ideal human felicity throughout human society, and considers the attainment of independence, freedom, and rule of justice and truth to be the right of all people of the world. Accordingly, while scrupulously refraining from all forms of interference in the internal affairs of other nations, it supports the just struggles of the mustad'afun (oppressed) against the mustakbirun (oppressors) in every corner of the globe.
Article 155
The government of the Islamic Republic of Iran may grant political asylum to those who seek it unless they are regarded as traitors and saboteurs according to the laws of Iran.
Islamic laws & fatwas
Article 167 [Rule of Law for Judiciary] stipulates that judges must make use of "Islamic sources and...fatwas" in matters where the Iranian law books are silent.Chapter XII [Article 175]: Radio & Television
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.Chapter XIII [Article 176]: Supreme Council for National Security
Chapter 8, which has only one article, establishes Iran's National Security CouncilSupreme National Security Council
Supreme National Security Council is the national security council of the Islamic Republic of Iran, the current secretary of which is Saeed Jalili. This institution was founded during the 1989 revision of the constitution...
.
Chapter XIV [Article 177]: Revision of Constitution
This article regulates the process for revising the Constitution and puts a moratorium on revisions to particular aspects of the Constitution. Absent its own repeal, Article 177 requires an edict by the Leader to initiate the process of making future revisions to the Constitution.Itself a revision to the Constitution, Article 177 necessitates a “Council for Revision of the Constitution” to make future amendments to the Constitution. This panel’s membership is exclusively governmental officials beyond the advice of 3 university professors. The final amendments are put to referendum in a process initiated by the executive unlike Article 59 referendum which must be approved by a supermajority of the Islamic Consultative Assembly.
The article further stipulates that particular aspects of the Constitution are unalterable: the Islamic character of government and laws, the objectives of the republic, the democratic character of the government, “the absolute wilayat al-'amr and the leadership of the Ummah”, the administration of the country by referendum, and the official religion of Islam.
See also
- Politics of IranPolitics of IranThe politics of Iran take place in a framework of theocracy guided by an Islamist ideology. The December 1979 constitution, and its 1989 amendment, define the political, economic, and social order of the Islamic Republic of Iran, declaring that Shi'a Islam of the Twelver school of thought is...
- ShariaShariaSharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
- Blasphemy laws of Islamic Republic of Iran
- Iranian constitutional referendum, 1989Iranian constitutional referendum, 1989A constitutional referendum was held in Iran on 28 July 1989, alongside presidential elections. Approved by 97.6% of voters, It was the first and so far the only time the Constitution of the Islamic Republic of Iran has been amended. It made several changes to articles 5, 107, 109, 111, and added...
- List of members of Constitutional Amendment Council of Iran
- Iran Constitution of 1906Iran Constitution of 1906The Persia Constitution of 1906 was Persia's first constitution that resulted from the Persian Constitutional Revolution and it was written by Ismail Mumtaz. It divides into five chapters with many articles that developed over several years...
- Iranian RevolutionIranian RevolutionThe Iranian Revolution refers to events involving the overthrow of Iran's monarchy under Shah Mohammad Reza Pahlavi and its replacement with an Islamic republic under Ayatollah Ruhollah Khomeini, the leader of the...
- Iran Secular Constitution
External links
- Constitution of Iran, as an unofficial English translation hosted at University of Bern, SwitzerlandUniversity of BerneThe University of Bern is a university in the Swiss capital of Bern and was founded in 1834. It is regulated and financed by the Canton of Bern. It is a comprehensive university offering a broad choice of courses and programmes in eight faculties and some 160 institutes. The university is an...
(with good summaries) - Islamic Republic of Iran Constitution
- Article on the Constitution of the Islamic Republic of Iran from the Encyclopaedia Iranica resource. (Click 'Read' for each of the eight pages in turn.)
- Iran Chamber Society
- Iran Law Library
- http://www.helplinelaw.com/law/iran/constitution/constitution02.php
- http://www.ibchamber.org/lawreg/constitution.htm
- http://www.iloveiran.com/PDF/gazett.pdf
- http://www.alaviandassociates.com/documents/constitution.pdf
- Iran Electoral Archive - Iranian Constitution