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66-709: The office was established by the Constitution of Iran in 1979, pursuant to Ayatollah Ruhollah Khomeini 's concept of the Guardianship of the Islamic Jurist , and is a lifetime appointment. Originally the constitution required the Supreme Leader to be Marja' -e taqlid , the highest-ranking cleric in the religious laws of Usuli Twelver Shia Islam . In 1989, however, the constitution was amended and simply asked for Islamic "scholarship" to allow

132-706: 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." 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). Over the course of the year 1978 Iran

198-638: 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

264-476: A new successor, a relatively low-ranking member of the clergy, Ali Khamene'i . However Article 109 stipulated that the leader be "a source of imitation" (Marja-e taqlid). Khomeini wrote a letter to the president of the Assembly for Revising the Constitution, which was in session at the time, making the necessary arrangements to designate Khamene'i as his successor, and Article 109 was revised accordingly. "Khomeini

330-486: A salary. Shortly before Khomeini's death a change was made in the constitution allowing a lower ranking Shia cleric to become Supreme Leader. Khomeini had a falling out with his successor Hussein-Ali Montazeri who disapproved of human rights abuses by the Islamic Republic such as the mass execution of political prisoners in late summer and early autumn 1988. Montazeri was demoted as a marja and Khomeini chose

396-474: A very popular role model for Shiites and hoped for the Iranian Revolution to be the first step to a much larger Islamic revolution, transcending Shia Islam, in the same way that Vladimir Lenin and Leon Trotsky wanted their revolution to be a world revolution, not just a Russian one. Duties and Powers given to the Supreme Leader by the Constitution, decrees and other laws are: The role of

462-538: Is "the fundamental unit of society" within which women will recover their "precious function of motherhood". 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". The judicial system will be based on Islamic justice. The executive branch will implement "the laws and ordinances of Islam". "Mass communications media" will diffuse Islamic culture and refrain from anti-Islamic "qualities". The "central axis" of

528-402: Is a single community, and I am your Lord, so worship Me' [21:92]), and to assure the continuation of the struggle for the liberation of all deprived and oppressed peoples in the world. According to author Seyyed Vali Nasr, Khomeini appealed to the masses, during the pre-1979 period, by referring to them as the oppressed and with charisma and political ability was tremendously successful. He became

594-534: Is allowed, "provided arms are not carried" and the assemblies "are not detrimental to the fundamental principles of Islam". 1979 Iranian Islamic Republic referendum A referendum on creating an Islamic Republic was held in Iran on 30 and 31 March 1979. Ayatollah Khomeini did not allow an open referendum, insisting that the Iranian population had chosen an "Islamic Republic" already by demonstrating against

660-588: Is also the only government body in charge of choosing and dismissing Supreme Leaders of Iran. The Supreme Leader is the commander-in-chief of the armed forces and the provisional head of the three branches of the state (the Judiciary , the Legislature , and the Executive ). He oversees, appoints (or inaugurates) and can dismiss the following offices: Iran's regional policy is directly controlled by

726-518: Is not an Islamic notion. Finally, Iran has kept the solar calendar and celebrates the new year on March 21. 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

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792-553: Is supposed to have written a letter to the Chairman of the assembly of Leadership Experts on 29.4.89 in which he emphasised that he had always been of the opinion that the marja'iyat was not a requirement for the office of leader." The constitution of Iran combines concepts of both democracy and theocracy , theocracy in the form of Khomeini's concept of vilayat-e faqih (Guardianship of the Islamic Jurist), as expressed in

858-729: 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

924-629: The Islamic Republic . According to Ayatollah Khomeini, the Guardianship of the Islamic Jurist was not restricted to orphans or mental incompetents, but applied to everyone in absence of the twelfth Imam . Jurists were the only rightful political/governmental leaders because "God had commanded Islamic government" and "no one knew religion better than the ulama " (Islamic clergy). They alone would preserve "Islamic order" and keep everyone from deviating from "the just path of Islam". Prior to

990-460: 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. The amendments were approved by the voting public on 28 July 1989 (in same election as Akbar Hashemi Rafsanjani was elected to

1056-777: 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

1122-660: The office of the Supreme Leader with the Ministry of Foreign Affairs ' task limited to protocol and ceremonial occasions. All of Iran's ambassadors to Arab countries, for example, are chosen by the Quds Force , which directly reports to the Supreme Leader. According to the constitution, all Supreme Leaders (following Ayatollah Khomeini) are to be elected by the Assembly of Experts who are elected by Iranian voters to eight year terms. However, all candidates for membership at

1188-465: The revolution , observant Shia Muslims selected their own leading faqih to emulate (known as a Marja' -i taqlid ) according to their own decision making. The "congregation rather than the hierarchy decided how prominent the ayatollah was" thus allowing the public to possibly limit the influence of the Faqih. After the revolution Shia Muslims (or at least Iranian Shia) were commanded to show allegiance to

1254-463: The Assembly of Experts (along with candidates for president and for the Majlis (parliament)) must have their candidacy approved by the Guardian Council (in 2016, 166 candidates were approved by the Guardians out of 801 who applied to run for the office), whose members in turn, are half appointed unilaterally by the Supreme Leader and half subject to confirmation by the Majlis after being appointed by

1320-429: The Constitution as well as to all other laws and regulations… 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. 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

1386-464: 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". This led "Khomeini to spur the Islamic groups to counterattack', telling his supporters that

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1452-534: The Iranian Vice Supreme Leader (Deputy Supreme Leader) was eventually incorporated into the authority of the Supreme Leader. During the presidency of Hassan Rouhani and amid longstanding rumors of Khamenei's declining health, it was recommended to Khamenei to reestablish the office of deputy supreme leader to better facilitate the transition towards new leadership. Constitution of the Islamic Republic of Iran The Constitution of

1518-465: The Islamic Republic of Iran ( 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, and went into force replacing the Constitution of 1906 . It has been amended once, on 28 July 1989. 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

1584-485: 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

1650-677: 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. On key questions Iranian law remains fairly un-Islamic. The constitution grants equal rights among men and women (article 20). The discretionary law of repudiation

1716-514: 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: 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

1782-637: 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. 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

1848-591: The Preamble (Guardianship of the Jurist) states On the basis of continuous Guardianship and Leadership (Imamate) the Constitution provides for leadership under all conditions, (by a person) recognized by the people as lender, so that there shall be security against deviation by various organizations ("The course of affairs is in the hands of those who know God and who are trustworthy in matters having to do with what he permits and forbids") Article 109, stipulates that

1914-637: The President and the Prime Minister were retained for the executive branch of government from the French model.) 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". A secularist group calling itself a "Seminar on the People's Expectations from

1980-678: The President of the Supreme Court, the Attorney General (Article 162), and six out of the twelve members of the Guardian 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). Hassan Vakilian cites Article 4: civil, penal financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic criteria. This principle applies absolutely and generally to all articles of

2046-493: 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". During

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2112-936: The Shah. In response, political parties such as the National Democratic Front and the Organization of Iranian People's Fedai Guerrillas boycotted the referendum. The People's Mojahedin Organization of Iran , the Tudeh Party of Iran , the Freedom Movement of Iran , the National Front , and the Islamic People's Republican Party , also "objected to the imposition of Khomeini's choice". According to "official results", it

2178-467: The Supreme Leader or appointed by an individual ( Chief Justice of Iran ) appointed by the Supreme Leader. In its history , the Islamic Republic of Iran has had only two Supreme Leaders: Khomeini, who held the position from 1979 until his death in 1989 and Ali Khamenei, who has held the position for more than 30 years since Khomeini's death. The Supreme Leader of Iran is elected by the Assembly of Experts ( مجلس خبرگان , Majles-e Khobregan ), which

2244-530: The Supreme Leader to be a lower-ranking cleric. As the Guardian Jurist ( Vali-ye faqih ), the Supreme Leader guides the country, protecting it from heresy and imperialist predations, and ensuring the laws of Islam are followed. The style "Supreme Leader" ( Persian : رهبر معظم , romanized :  rahbar-e mo'azzam ) is commonly used as a sign of respect although the Constitution designates them simply as "Leader" ( رهبر , rahbar ). According to

2310-482: The West, and it does not meet our criteria of democracy". Sadegh Zibakalam describes the referendum as "free and fair". Michael Axworthy states "there may have been some irregularities in the referendum, but most balanced observers then and since have accepted that whatever the conditions, a referendum at that time with that question would always have given a massive majority for the same result". A huge voter turnout

2376-515: The basis of Islamic norms. ... the Constitution provides the necessary basis for ensuring the continuation of the Revolution at home and abroad. In particular, in the development of international relations, the Constitution will strive with other Islamic and popular movements to prepare the way for the formation of a single world community (in accordance with the Koranic verse 'This your community

2442-501: The blood of 60,000 martyrs". How 98.2% of voters approved of Iran becoming an Islamic Republic. Our nation "intends to establish the ideal and model society" with the final goal of "movement toward God". Governance by the " just faqih " will prevent deviation of the government from essential Islamic duties. The economy in Islam will be "a means not an end", providing work, "suitable opportunities", "essential needs". The family

2508-450: The constitution (Article 111), the Assembly of Experts is tasked with electing (following Ayatollah Khomeini), supervising, and dismissing the Supreme Leader. In practice, the Assembly has never been known to challenge or otherwise publicly oversee any of the Supreme Leader's decisions (all of its meetings and notes are strictly confidential). Members of the Assembly are chosen by bodies (the Guardian Council ) whose members are appointed by

2574-469: The current vali-e faghih , Guardian Jurist or Supreme Leader. In this new system, the jurist oversaw all governmental affairs. The complete control exercised by the Faqih was not to be limited to the Iranian Revolution because the revolution and its Leader had international aspirations. As the constitution of the Islamic Republic states, it intends to establish an ideal and model society on

2640-409: 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

2706-465: 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

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2772-483: The faqih and clerical rule." 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. 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

2838-433: The first of two terms as President of Iran). 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. One example is the section "Method of Governance in Islam" in

2904-502: The first week of December in 1979 . According to Francis Fukuyama , the 1979 constitution is a "hybrid" of "theocratic and democratic elements" with much of it based on the ideas Khomeini presented in his published book Islamic Government ( Hukumat-e Islami ). In the work, Khomeini argued that government must be run in accordance with traditional Islamic sharia , and for this to happen a leading Islamic jurist ( faqih ) must provide political "guardianship" ( wilayat or velayat ) over

2970-399: The following statement: The Interim Government of Iran invited a four-man delegation of international jurists from International Association of Democratic Lawyers to monitor the voting. According to The Washington Post , polling places lacked voting booths and the colored ballots could clearly be seen by observers, quoting head of the delegation "this is not the way we do things in

3036-412: 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

3102-566: The head of the Iranian judiciary ( Chief Justice of Iran ), who is himself appointed by the Supreme Leader. The Assembly has never questioned the Supreme Leader. There have been cases where the Guardian Council repealed its ban on particular people after being directed to do so by Khamenei. The Supreme Leader is legally considered "inviolable", with Iranians being routinely punished for questioning or insulting him. In March 1979, shortly after Ruhollah Khomeini 's return from exile and

3168-441: The importance of the Supreme Leader. Article 5 states during the absence of the removed Twelfth Imam (may God hasten his reappearance) government and leadership of the community in the Islamic Republic of Iran belong to the rightful God fearing legal scholar (Faqih) who is recognized and acknowledged as the Islamic leader by the majority of the population. Article 107 in the constitution mentions Khomeini by name and praises him as

3234-400: 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." Assembly

3300-431: The most learned and talented leader for emulation ( marja-i taqlid ). The responsibilities of the Supreme Leader are vaguely stated in the constitution, thus any 'violation' by the Supreme Leader would be dismissed almost immediately. As the rest of the clergy governed affairs on a daily basis, the Supreme Leader is capable of mandating a new decision as per the concept of Vilayat-e Faqih. The Supreme Leader does not receive

3366-514: The movement dawned in June 1963 with " the devastating protest by Imam Khomeini against the American conspiracy known as the ' White Revolution '". The plan of Islamic government set forth by Imam Khomeini known as " governance of the faqih ". The fury of the Iranian people at a January 7, 1978 newspaper article insulting Imam Khomeini . The "watering" of the "sapling" of the revolution "by

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3432-501: The official preliminary draft of the constitution. 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". Despite this, Khomeini made "only two small changes (in part to bar women from

3498-430: The overthrow of Iran's monarchy, a national referendum was held throughout Iran with the question "Islamic Republic, yes or no?" . Although some groups objected to the wording and choice and boycotted the referendum, 98% of those voting voted "yes". Following this landslide victory, the constitution of Iran of 1906 was declared invalid and a new constitution for an Islamic state was created and ratified by referendum during

3564-429: The people. The leading jurist were known as Marja' . The Constitution stresses the importance of the clergy in government, with Article 4 stating that all civil, criminal, financial, economic, administrative, cultural, military, political, and all other statutes and regulations (must) be keeping with Islamic measures;…the Islamic legal scholars of the watch council (Shura yi Nigahban) will keep watch over this. and

3630-459: The preamble, where it is stated in creating the political infrastructures and institutions which make the foundation of society on the basis of an ideological outlook, the righteous assume the responsibility of governing and administering the country with the Qur’anic verse (verily, my righteous servants shall inherit the earth Q.21:105) In case the term ‘righteous’ is ambiguous, a later section of

3696-493: The presidency and judgeships)", 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". 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". What happened next is disputed. The revolutionaries' original plan

3762-440: 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

3828-471: 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. (The offices of

3894-479: 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." (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

3960-586: Was almost 5 million less than the earlier referendum for an Islamic Republic.) 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. It made permanent the Expediency Discernment Council to work out disagreements between

4026-463: Was approved by 98.2% of eligible citizens. In order to include the Iranian youth who participated in the revolution, the voting age was lowered from 18 to 16. Following this, the 1906 constitution was declared invalid and a new constitution for an Islamic state was created and ratified by another referendum in December 1979. Voters were given a three-part ballot, two of which containing

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4092-418: Was not recognized for men. There is no legal discrimination on the basis of personal status against Christians, Jews, Zoroastrians, all of whom perform military service, pay no special taxes and hold full citizenship; nevertheless they are prohibited from assuming leadership posts and vote in separate colleges. Similarly, a Muslim foreigner has the same status as a Christian foreigner. In short Iranian citizenship

4158-467: Was officially recognized, 55 were clerics", almost all of them following "the line of the Imam", i.e. Khomeini loyalists. (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", to

4224-505: 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. 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

4290-583: Was subject to worsening cycles of "provocation, repression, and polarization" 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

4356-457: 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". But Baqer Moin writes of contradictions in statements by Khomeini and questions about

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