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Constitution of Islamic Republic of Iran

Iran

This article is part of the series: Politics and government of Iran Image File history File links This is a lossless scalable vector image. ... Image File history File links This is a lossless scalable vector image. ... Wikiquote is one of a family of wiki-based projects run by the Wikimedia Foundation, running on MediaWiki software. ... Image File history File links Coat_of_arms_of_Iran. ... The politics and government of Iran takes place in the framework of a republic with Islamist ideology. ...

Constitution Supreme Leader Ali Khamenei President Mahmoud Ahmadinejad First Vice President Parviz Davoodi Assembly of Experts Akbar Hashemi Rafsanjani Majlis of Iran (Parliament) Gholam-Ali Haddad-Adel Guardian Council Ahmad Jannati Expediency Council Akbar Hashemi Rafsanjani Judicial system of Iran Mahmoud Shahroudi Supreme National Security Council Saeed Jalili City and Village Councils Military of Iran Mostafa Mohammad-Najjar Ministry of Intelligence and Security Gholam Hossein Mohseni-Ejehei Ministry of Petroleum of Iran Gholam Hossein Nozari National Iranian Oil Company Agriculture of Iran Mohammad Reza Eskandari Central Bank of Iran Tahmasb Mazaheri Elections Recent: Experts (2006), Local (2006) Legislative (2008) Provinces (ostānhā) Counties (shahrestānhā) Political parties Foreign relations

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The Constitution of Islamic Republic of Iran^{[1] [2]} abolished the Constitution of 1906. The 1979 Constitution dates 24 October 1979 and is in force since 3 December 1979^[3]. Significant amendments were adopted on 28 July 1989.^[4] The post of Supreme Leader (Persian: رهبر انقلاب, Rahbare Enqelab,[1] lit. ... Grand Âyatollâh   (Persian: آیت‌الله سید علی حسینی کس ننه ای Ä€yatollāh Seyyed `AlÄ« ḤoseynÄ« KhāmeneÄ«) (born 17 July 1939), also known as Seyyed Ali Khamenei,[1] is the current Supreme Leader of Iran and was the president of Iran from 1981 to 1989. ... The President of Iran is the head of government. ...  [1] (born October 28, 1956)[2] is the sixth and current President of the Islamic Republic of Iran. ... Vice President of Iran is defined by article 124 of the Iranian constitution, as anyone appointed by the President to lead an organization related to the Presidential affairs. ... Parviz Davoodi (born 1952 in Tehran) is the current First Vice President of Iran (since September 11, 2005). ... The Assembly of Experts (also Assembly of Experts for the Leadership) of Iran (Persian: مجلس خبرگان رهبری, Majles-e-Khobregan), is a congressional body for selecting the Supreme Leader and supervising his activities. ... Ali Akbar Hashemi Rafsanjani (Persian: اکبر هاشمی رفسنجانی Akbar HāshemÄ« RafanjānÄ«), Hashemi Bahramani (هاشمی بهرمانی) born on August 25, 1934, is an influential Iranian politician, and is currently serving as the Chairman of the Expediency Discernment Council of Iran. ... Image:DSC--Majlis5323. ... Haddad-Adel Gholam Ali Haddad-Adel (غلامعلی حداد عادل in Persian) born in 1945 in Tehran, Iran, is the chairman of the Iranian parliament. ... The Guardian Council of the Constitution[1] (Persian: شورای نگهبان قانون اساسی) is a high chamber within the constitution of the Islamic Republic of Iran. ... Ayatollah Ahmad Jannati Massah (Persian: , born 1926 in Esfahan) is an Iranian ayatollah and political figure. ... The Expediency Discernment Council of the System [1] (Persian: ), is an administrative assembly appointed by the Supreme Leader [2] and was created upon the revision to the Constitution of Islamic Republic of Iran on 6 February 1988 [3]. Its purpose is to resolve differences or conflicts between the Majlis and... Ali Akbar Hashemi Rafsanjani (Persian: اکبر هاشمی رفسنجانی Akbar HāshemÄ« RafanjānÄ«), Hashemi Bahramani (هاشمی بهرمانی) born on August 25, 1934, is an influential Iranian politician, and is currently serving as the Chairman of the Expediency Discernment Council of Iran. ... The current judicial system of Iran was implemented and established by Ali Akbar Davar and some of his contemporaries. ... Ayatollah Seyyed Mahmoud Hashemi Shahroudi (آیت‌الله سید محمود هاشمی شاهرودی) (Born 1948 in Najaf, Iraq) is an Iranian politician and Shia cleric. ... Supreme National Security Council is a body within the Islamic Republic of Iran the secretary whereof is Ali Larijani. ... Saeed Jalili (Persian: ,born 1965 in Mashhad [1]) is an Iranian politician. ... City and Village Councils (full title is: Provincial, City, District and Village Councils) are local councils which are elected by public vote in all cities and villages throughout Iran. ... The Armed Forces of the Islamic Republic of Iran (Persian: ) include the IRIA (Persian: ) , the IRGC (Persian: ) , and the Police Force[1] (Persian: ). These forces total about 545,000 active personnel. ... Mostafa Mohammad Najjar (Persian: ) is the defense minister of Iran. ... The Ministry of Intelligence and National Security (Persian: وزارت اطلاعات Ùˆ امنیت کشور) is the primary intelligence agency of the Islamic Republic of Iran. ... Gholam-Hossein Mohseni-Ejeie is the current head of the Ministry of Intelligence in Iran, also known as SVAMA and was appointed by the current president of Iran, Mahmoud Ahmadinejad, on August 24, 2005. ... The Iranian constitution prohibits the granting of petroleum rights on a concessionary basis or direct equity stake. ... Iranian oil fields The National Iranian Oil Company (NIOC), under the direction of the Ministry of Petroleum of Iran, is an oil and natural gas producer and distributor headquartered in Tehran. ... Map of Irans major crops, circa 1978. ... Mohammad Reza Eskandari is the Minister of Agriculture of the Islamic Republic of Iran. ... Bank Markazi, Tehran, Iran Bank Markazi Iran or Bank Markazi Jomhouri Islami Iran (Persian: بانک مرکزی جمهوری اسلامی ايران) is the Central bank of Iran. ... Politics of Iran Categories: Election related stubs | Elections in Iran ... The Iranian Assembly of Experts election of 2006 is planned to take place on December 15, 2006. ... The Iranian City and Village Councils election of 2006 is planned to take place on December 15, 2006. ... Legislative elections will be held in Iran on 14 March 2008. ... Iran consists of 30 provinces: Provinces are governed from a local center, mostly the largest local city. ... The provinces of Iran are divided into counties or shahrestānhā (Persian: شهرستان, singular shahrestān), and each shahrestan is subdivided into districts or bakhshānhā (Persian: بخش, singular bakhsh). ... Political parties in Iran gives informations on the political parties in Iran. ... This article does not cite any references or sources. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... Wikisource has original text related to this article: Iran Constitution of 1906 This article or section is in need of attention from an expert on the subject. ... is the 297th day of the year (298th in leap years) in the Gregorian calendar. ... Also: 1979 by Smashing Pumpkins. ... is the 337th day of the year (338th in leap years) in the Gregorian calendar. ... Also: 1979 by Smashing Pumpkins. ... Iranian constitutional referendum of 1989 was the first and remain the only time the Constitution of the Islamic Republic of Iran was amended. ... is the 209th day of the year (210th in leap years) in the Gregorian calendar. ... Year 1989 (MCMLXXXIX) was a common year starting on Sunday (link displays 1989 Gregorian calendar). ...

History

Main article: Assembly of Experts for Constitution

See also: Iranian Constitution of 1906

The draft constitution published by the provisional government of Mehdi Bazargan in June 1979 was modeled on the 1958 constitution of the French Fifth Republic. Although the draft was altered later by the elective Assembly of Experts for Constitution, the offices of the President and the Prime Minister were retained for the executive branch of government from the French model.^[5] Assembly of Experts for Constitution was elected in the summer of 1979 to write a new constitution for the Islamic Republic. ... The Iran Constitution of 1906[1] was Persias and later Irans first constitution that resulted from the Persian Constitutional Revolution after more than 5000 years of recorded history. ... Mehdi Bazargan (مهدی بازرگان In Persian) (September, 1907? - January 20, 1995) (also spelled Mahdi Bazargan) was head of Irans interim government, virtually Irans first prime minister after the Iranian Revolution of 1979. ... This article or section is in need of attention from an expert on the subject. ... Assembly of Experts for Constitution was elected in the summer of 1979 to write a new constitution for the Islamic Republic. ...

Preamble

The constitution begins by stating that the "anti-despotic movement for constitutional government [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. The Iranian Constitutional Revolution (also Persian Constitutional Revolution and Constitutional Revolution of Iran) took place between 1905 and 1911. ... The Quran (Arabic al-qurʾān أَلْقُرآن; also transliterated as Quran, Koran, and less commonly Alcoran) is the holy book of Islam. ... Hadith ( transliteration: ) are oral traditions relating to the words and deeds of 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."^[6] (See also: Mahdi and Mohammed al-Mahdi) Assembly of Experts for Constitution was elected in the summer of 1979 to write a new constitution for the Islamic Republic. ... It has been suggested that this article or section be merged into Muhammad al-Mahdi. ... Muḥammad al-Mahdī (born 868; year of death unknown) (Arabic: ‎) is the twelfth and final Shia Imam. ...

Chapter I [Article 1 to 14]: General Principles

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 to the referendum passed by 98% of the elegible voters of Iran and gives credit to Imam Khumayni 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 god.
• 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: Allah is the Arabic language word for God. ...

• That the leadership be qualifed in regard to the Koran and the Sunnah.
• The government should advance the Arts & Sciences.
• Oppression in any form is not acceptable.

The Quran (Arabic al-qurʾān أَلْقُرآن; also transliterated as Quran, Koran, and less commonly Alcoran) is the holy book of Islam. ... Sunnah(t) () literally means “trodden path”, and therefore, the sunnah of the prophet means “the way of the prophet”. Terminologically, the word ‘Sunnah’ in Sunni Islam means those religious actions that were instituted by Muhammad(PBUH) during the 23 years of his ministry and which Muslims initially received through consensus...

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

Some of the goals are put in context of the requirements of Islam. For example:

• The planing 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. The Guardian Council of the Constitution (شورای نگهبان قانون اساسی in Persian) is a high office within the constitution of the Islamic Republic of Iran which has the authority to interpret the constitution and to determine if the laws passed by the parliament are in line with the constitution of...

Article 5 (Office of Religious Leader)

This article explains the leaders of Ummah 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. This article or section does not adequately cite its references or sources. ... It has been suggested that Mahdi be merged into this article or section. ...

Chapter II [Article 15 to 18]: Official Language, Script, Calendar, & Flag of Country

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 Koran 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 29 [Welfare benefits]

Chapter IV [Article 43 to 55]: Economy & Financial Affairs

The Islamic Republic is not a Communist state as the Islamic scholars fiercely oppose this. Notwithstanding this, pursuant to obsolete^[7][8][9] 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. (See also: Privatization of the Iranian economy) This article is about communism as a form of society and as a political movement. ... According to the Fourth Five-Year Economic Development Plan (2005-2010), the Privatization Organization of Iran affiliated to the Ministry of Economic Affairs and Finance is in charge of setting prices and ceding shares to the general public and on the stock market. ...

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. The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ...

Chapter VI [Article 62 to 99]: Legislative Power

Article 81 [Foreign Business]

This article makes it impossible for a multinational corporation to take over certain businesses in Iran saying "concessions to foreigners or the formation of companies" in Iran is forbidden. multinational corporation (or transnational corporation) (MNC/TNC) is a corporation or enterprise that manages production establishments or delivers services in at least two countries. ...

Chapter VII [Article 100 to 106]: Councils

Chapter VIII [Article 107 to 112]: Leader

Article 110 [Leadership Duties and Powers]

The constitution accords many powers to the Supreme Leader. Ayatollah Sayyed Ali Khamenei, Supreme Leader of Iran. ...

Some say that the Supreme Leader's powers extend beyond those enumerated in the Constitution because he can use "Islamic issues for justification."^[10]

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. Sharia (Arabic شريعة also Sharia, Shariah or Syariah) is traditional Islamic law. ...

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 Iran

Chapter X Foreign Policy ^[11]

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 against the mustakbirun 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.

Chapter XI [Article 156 to 174]: Judiciary

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. ^[12]

Chapter XIII [Article 176]: Supreme Council for National Security

Chapter 8, which has only one article, establishes Iran's National Security Council. Supreme National Security Council is a body within the Islamic Republic of Iran the secretary whereof is Ali Larijani. ...

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^[13] unlike Article 59 referendum which must be approved by a supermajority of the Islamic Consultative Assembly. ^[14] 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 Shi'a Islam. ^[15]

See also

• Politics of Iran
• Sharia
• Blasphemy laws of Islamic Republic of Iran
• List of members of Constitutional Amendment Council of Iran
• Iran Constitution of 1906

The politics and government of Iran takes place in the framework of a republic with Islamist ideology. ... Shariah (Arabic: transliteration: ) is the body of Islamic religious law. ... This article or section is in need of attention from an expert on the subject. ... This is a list of members of Constitutional Amendment Council of Iran, appointed by Ayatollah Khomeini, who reviewed and amended the Constitution of Iran in 1989: Abbas Ali Amid-Zanjani Ebrahim Amini Ahmad Azari-Ghomi Asadollah Bayat Mohammad Emami-Kashani Hassan Habibi Najafgholi Habibi Hossein Hashemian Akbar Hashemi Rafsanjani Ahmad... Wikisource has original text related to this article: Iran Constitution of 1906 This article or section is in need of attention from an expert on the subject. ...

References and notes

External links

Wikiquote has a collection of quotations related to:

Constitution of Islamic Republic of Iran

• Constitution of Iran, as an unofficial English translation hosted at University of Bern, Switzerland (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.)
• Islamic Chamber Society
• Iran Law Library
• http://www.iranhrdc.org/english/pdfs/Codes/TheConstitution.pdf
• 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