Publication Of Constitution In
Official Gazette of the Islamic Republic of
Iran
No. 10,170
1st BAHMAN 1358 (January 1980)
Public Laws and Regulations
Note: This English translation of the
Iranian Constitution is, with a few changes (principally in Chapter III) and a few
additions (Preamble), a version widely used by the Iranian Government.
In the name of God, the compassionate, the merciful.
"We have sent Our apostles with veritable signs
and brought down with them scriptures and the scales of justice, so that men might conduct
themselves with fairness"
(quotations from the KORAN; English translation by
N.J. Dawood)
PREAMBLE
The Constitution of the Islamic Republic
of Iran sets forth the cultural, social, political and economic institutions of the people
of Iran, based on Islamic principles and rules, and reflecting the fundamental desires of
the Islamic people. The essence of the great Islamic Revolution of Iran, and the course of
the struggle of the Muslim people from its beginning to its victory, as manifested by the
categorical and striking slogans used by all classes of the people, get their special
character from this fundamental desire. Now our nation, with the whole of its being is in
the vanguard of this great victory, and strives for the attainment of that desire.
The unique characteristic of this Revolution, as
compared with other Iranian movements of the last century, is that it is religious and
Islamic. The Muslim people of Iran, after living through an anti-despotic movement for
constitutional government, and anti-colonialist movement for the nationalization of
petroleum, gained precious experience in that they realized that the basic and specific
reason for the failure of those movements was that that they were not religious ones.
Although in those movements Islamic thinking and the guidance of a militant clergy played
a basic and prominent part, yet they swiftly trailed off into stagnation, because the
struggle deviated from the true Islam. But now the nation's conscience has awakened to the
leadership of an exalted Authority, His Eminence Ayatollah Imam Khomeini, and has grasped
the necessity of following the line of the true religious and Islamic movement. This time
the country's militant clergy, which has always been in the front lines of the people's
movement, together with writers and committed intellectuals, has gained new strength (lit:
impetus) under his leadership (The most recent movement of the Iranian nation began in the
HEGIRA lunar year 1382, equivalent to the HEGIRA solar year 1341) -
(Translator's note: the solar year 1341 equals 1963
A.D.)
THE VANGUARD OF THE MOVEMENT
Imam Khomeini's crushing protest against
that American plot, The White Revolution, which was a step taken with a view to
strengthening the foundations of the despotic regime and consolidating Iran's political,
cultural and economic links with World Imperialism, was the motive force behind the united
uprising of the nation. There followed the great and bloody revolution of the Islamic
people in the month of KHORDAD 1342 (Translator's note: equivalent to June 1963) -This was
indeed the starting-point of the flowering of that magnificent and widespread revolt which
consolidated and confirmed the Imam's central position as the Islamic leader. Despite his
banishment from Iran following on his protest against the shameful Law of Capitulation
(immunity for American advisers), the firm bond (of the people) with the Imam was
strengthened. The Muslim nation, in particular committed intellectuals and the militant
clergy, continued along its path, amid banishment and imprisonment, torture and execution.
Meanwhile the informed and responsible section of the
community was busy with clarification of the issues, within the strongholds of mosques,
places of learning, and universities. Inspired by the revolutionary religious feeling and
the rich fruitfulness of Islam, they began a persistent and rewarding struggle to raise
the level of awareness and vigilance as regards the fight, and its religious nature, among
the Muslim nation. The despotic regime began the suppression of the Islamic movement with
a malignant attack on the FEIZIYE (Translator's note: meaning uncertain) and the
University and all the clamorous (protesting) Clubs (that were part) of the Revolution. It
took bloodthirsty but futile steps to quell the revolutionary fury of the people. While
this was going on firing squads, medieval torture, and long imprisonment were the price
our Muslim nation paid to demonstrate its firm resolve to continue the struggle. The blood
of hundreds of young men and women flowed for the Faith in the shooting yards at dawn as
they raised the cry of "God is Great" (ALLAHU AKBAR). Or they were the target
for hostile bullets in lanes and bazaars in forwarding the Islamic revolution of Iran,
distributing the ever-continuing proclamations and messages of the Imam on a variety of
occasions, and (asserting) the awareness and determination of the Islamic nation ever more
widely and deeply.
ISLAMIC GOVERNMENT
Islamic Government is designed on a basis
of "religious guardianship" (VELAYAT FAQIYE) as put forward by Imam Khomeini at
the height of the intense emotion and strangulation (felt) under the despotic regime. This
created a specific motivation and new field of advance for the Muslim people; and opened
up the true path for the religious fight of Islam, pressing forward the struggle of the
committed Muslim combatants, inside and outside the country.
The movement continued along this basic line until
eventually the dissatisfaction and fury of the people, arising out of the daily increasing
pressure and strangulation inside the country, and the extension and repetition of the
struggle by the clergy, and by militant students at world level, severely shook the rule
of the regime. The regime and its masters were forced to reduce its pressure and
strangulation, and - so to speak - to open up the political arena of the country which it
thought would be the safety valve to secure it against its certain collapse. But the
nation was aroused, aware (of the situation) , and firmly devoted to the decisive and
unshakable leadership of the Imam. It began its victorious and united uprising in ever
more wide-spread and comprehensive fashion.
THE PEOPLES' ANGER
The publication by the regime on the 17th of the
month of DEY, 1356 (equals 7 January 1978) (Translator's note: not 1977 as in original
translation) of the letter which insulted the sacred order of the clergy, and in
particular the Imam Khomeini, hastened this movement. It caused the people's anger to
explode all over the country. In an effort to control this volcano of popular anger, the
regime tried to suppress the protest uprising by bloodshed. This very fact set more blood
pulsing through the veins of the Revolution. Continuing revolutionary passion at the time
of the seven-day and forty-day commemoration of the martyrs of the Revolution, added on an
ever-increasing scale to the vitality and ardor and fervent unity of the movement
throughout the country. It continued and extended the people's upheaval in all the
country's organizations by a general strike and joining in street demonstrations while
actively seeking the downfall of the despotic regime. Widespread co-operation of men and
women of all classes, and of religious and political groups, in this struggle, took place
in decisive and dramatic fashion In particular women joined openly on all the scenes of
this great Holy War, ever more actively and extensively. Such a scene would be a mother
with a child in her bosom hastening to the battlefield and facing machine gun fire This
large section of society took a main and decisive part in the struggle.
THE PRICE THE NATION PAID
After a little over a year the budding
Revolution and its continuing struggle settled to its result. It's cost (lit: fruit) was
the blood of more than 60,000 martyrs, 100,000 wounded and with damaged health, and
milliards of tomans of financial loss; all amid cries of "Independence",
"Freedom", and "Islamic Rule". This mighty movement with its reliance
upon faith, unity, and decisiveness in leadership, came to a victorious conclusion in an
atmosphere of emotion and tension and of the nation's devotion. It was successful in
crushing all the calculations and maneuverings of Imperialism. A new chapter opened up in
its own way for popular revolutions in the world.
The 21st and 22nd of the month of BAHMAN 1357
(Translator's note: equivalent to 10th and 11th February 1979) were the days on which the
Shah's establishment collapsed Domestic despotism and the foreign domination which
depended on it were defeated. This great victory brought the glad tidings of final triumph
and was the prelude to Islamic Government which was the long-felt desire of the Muslim
people.
Unanimously, the nation of Iran, in partnership with
the religious authorities, and the ULEMA of Islam, and the repository of Leadership, in a
referendum concerning the Islamic Republic, took a final and categorical decision to set
up an exalted new republican and Islamic order, and affirmed the Islamic Republic by a
majority vote of 98.2%.
Now the Constitution of the Islamic Republic, as the
announcement of the structure and political, social, cultural and economic relationships
within society, must guide the way towards the consolidation of the foundations of Islamic
Government, and produce the design for a new order of Government in substitution for the
old idolatrous order.
STRUCTURE OF GOVERNMENT IN ISLAM
From the viewpoint of Islam, government
does not spring from the sphere of classes or domination by individuals or groups. It
crystallizes the political aspirations of a nation united in faith and thinking which
provides itself with an organization so that in the process of transformation of ideas and
beliefs, its way may be opened towards the ultimate goal (moving towards God). In the
course of its revolutionary development our nation was cleansed from the dust and rust of
idolatry, and from foreign ideological influence. It returned to true Islamic intellectual
attitudes and views of the world. Now it is planning to build its new model society on
such a basis, with Islamic standards. The Mission of the Constitution is to identify
itself with the basic beliefs of the movement and to bring about the conditions under
which the lofty and worldwide values' of Islam will flourish.
The Constitution, having regard to the Islamic
contents of the Iranian Revolution, which was a movement for the victory of all the
oppressed over the arrogant, provides a basis for the continuation of that revolution both
inside and outside the country. It particularly tries to do this in developing
international relations with other Islamic movements and peoples, so as to prepare the way
towards a united single world community
("Your community is one community, and I am your
Lord who you are to worship") Quotation from the Arabic and to the continuation of
the progressive struggle for the rescue of deprived and oppressed nations throughout the
world.
Having regard to the intrinsic nature of this great
movement, the Constitution guarantees to oppose any kind of despotism, intellectual,
social, and as regards monopoly economics, and to struggle for freedom from the despotic
system, and to entrust men's destiny to their own hands.
("He releases them from their heavy burdens and
yokes which are on them") Quotation from the Arabic.
In creating the political structures and foundations
for organizing society on the basis of acceptance of religion, devout men have the
responsibility for government and administration of the country.
("The earth will be inherited by my pious
followers"). Quotation from the Arabic.
Legislation which is to set out the codes for the
management of society will have as its central axis the Koran and tradition. Therefore
there is great necessity for exact and serious supervision by just and virtuous and
dedicated Islamic scholars (FEQHA-ye-ADEL = just men of religious law). Because the aim of
government is to help mankind to develop towards the divine order and until the ground is
cleared and the human talents have blossomed forth for the glorification of God's nature
in all its dimensions, ("To emulate God's morality11) Quotation from the Arabic,
there cannot, except by delegation, be active and extensive participation at all stages in
the taking of political decisions and the determination of destiny for all persons in
society, so that every individual has a hand in the task of human development and is
responsible for growth and progress and guidance. This will be the assurance of government
for the oppressed of the earth.
THE GUARDIANSHIP OF THE JUST MAN OF RELIGIOUS LAW
(FAQIYEH-e-ADEL)
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") - Quotation from the Arabic
THE ECONOMY AS A MEANS NOT AN END
In strengthening the foundations of the
economy, the governing principle is the satisfaction of mankind's needs in the course of
its growth and development. It is not (the pursuit) of other economic objectives (systems)
, such as centralization and the accumulation of wealth and the search for profit. In
materialistic schools of thought, economic activity (the economy) is its own end This at
(different) stages of growth, economic activity is a factor working for destruction and
corruption and decay. But in Islam economic activity is a means. As an ultimate (lit:
waiting) means there can be no more effective (instrument) on the path towards the goal.
From this point of view, the Islamic program of
economic activity to provide a suitable field for the emergence of human creative power in
various forms, and in this way provide equal and well-balanced opportunities, and make
work, for all people, and satisfy the essential requirements of the advance towards
development is the responsibility of the Islamic Government.
WOMEN IN THE CONSTITUTION
In the creation of Islamic foundations, all the
human forces which had been in the service of general foreign exploitation will recover
their true identity and human rights. In doing so, women who have endured more tyranny up
till now under the idolatrous order, will naturally vindicate their rights further
The family unit is the basis of society, and the true
focus for the growth and elevation of mankind. Harmony of beliefs and aspirations in
setting up the family is the true foundation of the movement towards the development and
growth of mankind. This has been a fundamental principle. Providing the opportunities for
these objectives to be reached is one of the duties of the Islamic Government
Women were drawn away from the family unit and (put
into) the condition of "being a mere thing", or "being a mere tool for
work" in the service of consumerism and exploitation. Re-assumption of the task of
bringing up religiously-minded men and women, ready to work and fight together in life's
fields of activity, is a serious and precious duty of motherhood. And so acceptance of
this responsibility as more serious and - from the Islamic point of view -a loftier ground
for appreciation (lit: value) status (lit: greatness) will be forthcoming
THE RELIGIOUS ARMY
In the organization and equipping of the
countries defense forces, there must be regard for faith and religion as their basis and
rules. And so the Islamic Republic's army, and the corps of Revolutionary Guards must be
organized in accordance with this aim. They have responsibility not only for the
safeguarding of the frontiers, but also for a religious mission, which is Holy War (JIHAD)
along the way of God, and the struggle to extend the supremacy of God's Law in the world.
("Against them make ready your strength to the
utmost of your power, including steeds of war, to strike terror into the hearts of the
enemies of God and your enemies, and others beside") Quotation from the Arabic.
THE JUDICIARY OF THE CONSTITUTION
The question of the judiciary in relation to the
safeguarding of the people's rights along the line (adopted by) the Islamic movement with
the object of preventing localized deviation within the Islamic community, is a vital one.
Thus provision must be made for the establishment of a judicial system on the basis of
Islamic justice, manned by just judges, well acquainted with the exact rules of the
Islamic code. Such a pattern of organization is necessary because of the delicate and
subtle structure of Religion, which must be kept free from any kind of unhealthy
relationship.
("And when you judge between man and man, judge
with justice") Quotation from the Arabic.
THE EXECUTIVE POWER
The executive power must open up the path
towards the creation of an Islamic society. This is because of its special importance as
regards the putting into effect of Islamic ordinances and regulations, so that just
relationships can be attained in the governing of society; and also because of the
essential character of this vital question in laying the foundations for the ultimate goal
of life. Thus (the executive power) is to be hedged about by every kind of intricate
disciplinary arrangement which may further the attainment of this goal, or negate any
source of anxiety from the Islamic viewpoint. The bureaucracy which was the offspring of
idolatrous rule is to be eliminated with severity, so that an executive system of greater
efficiency and increasing speed (of action) can come into existence to deal with
administrative undertakings.
THE PUBLIC MEDIA
The public media (radio-television) must take
their place in the process of development of the Islamic revolution, and must serve in the
propagation of Islamic culture. In this sphere they must look for opportunities for a
healthy exchange of differing ideas, and must rigorously refrain from the propagation and
encouragement of destructive and anti-Islamic qualities (ideas).
In pursuance of the principles of this law which
recognize freedom and human dignity as the central point (lit: frontispiece) of their
objectives, and opens up the path of development and perfection of man as the
responsibility of all, the Islamic community must elect sagacious and devout
representatives, and exercise active supervision over their work, to participate in the
building up of the Islamic society. This in the hope that in building the exemplary
Islamic society they will succeed in setting a pattern of self-sacrifice to all the people
of the world
("Thus we appointed you a central nation that
you might be witnesses to the people") Quotation from the Arabic.
REPRESENTATIVES
The Council of Experts (MAJLIS-e-KHEBREGAN),
composed of representatives of the people, drew up the Constitution on the basis of
scrutiny of the draft proposed by the Government, and of the proposals put forward by
various groups. It contains 12 chapters and 175 articles. It was completed on the eve of
the 15th century since the HEGIRA of the great Prophet (God bless and preserve him) and
the establishment of the redeeming faith of Islam with the aims and motives described
above, and in the hope that this century will be the century of the rule of the world by
the oppressed, and the complete overthrow of the arrogant ones.
THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF IRAN
CHAPTER I:
General Principles
Article 1
The form of government of Iran is that of an Islamic
Republic, endorsed by the people of Iran on the basis of their long-standing belief in the
sovereignty of truth and Qur'anic justice, in the referendum of Farwardin 9 and 10 in the
year 1358 of the solar Islamic calendar, corresponding to Jamadi al-'Awwal 1 and 2 in the
year 1399 of the lunar Islamic calendar (March 29 and 30, 1979], through the affirmative
vote of a majority of 98.2% of eligible voters, held after the victorious Islamic
Revolution led by the eminent marji' al-taqlid, Ayatullah al-Uzma Imam Khomeyni.
Article 2
The Islamic Republic is a system based on belief in:
1. the One God (as stated in the phrase "There is no
god except Allah"), His exclusive sovereignty and the right to legislate, and the
necessity of submission to His commands;
2. Divine revelation and its fundamental role in setting
forth the laws;
3. the return to God in the Hereafter, and the constructive
role of this belief in the course of man's ascent towards God;
4. the justice of God in creation and legislation;
5. continuous leadership (imamah) and perpetual guidance,
and its fundamental role in ensuring the uninterrupted process of the revolution of Islam;
6. the exalted dignity and value of man, and his freedom
coupled with responsibility before God; in which equity, justice, political, economic,
social, and cultural independence, and national solidarity are secured by recourse to:
a. continuous ijtihad of the fuqaha' possessing necessary
qualifications, exercised on the basis off the Qur'an and the Sunnah of the Ma'sumun, upon
all of whom be peace;
b. sciences and arts and the most advanced results of human
experience, together with the effort to advance them further;
c. negation of all forms of oppression, both the infliction
of and the submission to it, and of dominance, both its imposition and its acceptance.
Article 3
In order to attain the objectives specified in Article 2,
the government of the Islamic Republic of Iran has the duty of directing all its resources
to the following goals:
1. the creation of a favorable environment for the growth of
moral virtues based on faith and piety and the struggle against all forms of vice and
corruption;
2. raising the level of public awareness in all areas,
through the proper use of the press, mass media, and other means;
3. free education and physical training for everyone at all
levels, and the facilitation and expansion of higher education;
4. strengthening the spirit of inquiry, investigation, and
innovation in all areas of science, technology, and culture, as well as Islamic studies,
by establishing research centers and encouraging researchers;
5. the complete elimination of imperialism and the
prevention of foreign influence;
6. the elimination of all forms of despotism and autocracy
and all attempts to monopolize power;
7. ensuring political and social freedoms within the
framework of the law;
8. the participation of the entire people in determining
their political, economic, social, and cultural destiny;
9. the abolition of all forms of undesirable discrimination
and the provision of equitable opportunities for all, in both the material and
intellectual spheres;
10. the creation of a correct administrative system and
elimination of superfluous government organizations;
11. all round strengthening of the foundations of national
defence to the utmost degree by means of universal military training for the sake of
safeguarding the independence, territorial integrity, and the Islamic order of the
country;
12. the planning of a correct and just economic system, in
accordance with Islamic criteria in order to create welfare, eliminate poverty, and
abolish all forms of deprivation with respect to food, housing, work, health care, and the
provision of social insurance for all;
13. the attainment of self-sufficiency in scientific,
technological, industrial, agricultural, and military domains, and other similar spheres;
14. securing the multifarious rights of all citizens, both
women and men, and providing legal protection for all, as well as the equality of-all
before the law;
15. the expansion and strengthening of Islamic brotherhood
and public cooperation among all the people;
16. framing the foreign policy of the country on the basis
of Islamic criteria, fraternal commitment to all Muslims, and unsparing support to the
mustad'afiin of the world.
Article 4
All 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 the
Constitution as well as to all other laws and regulations, and the fuqaha' of the Guardian
Council are judges in this matter.
Article 5
During the Occultation of the Wali al-Asr (may God hasten
his reappearance), the wilayah and leadership of the Ummah devolve upon the just ('adil]
and pious [muttaqi] faqih, who is fully aware of the circumstances of his age; courageous,
resourceful, and possessed of administrative ability, will assume the responsibilities of
this office in accordance with Article 107.
Article 6
In the Islamic Republic of Iran, the affairs of the country
must be administered on the basis of public opinion expressed by the means of elections,
including the election of the President, the representatives of the Islamic Consultative
Assembly, and the members of councils, or by means of referenda in matters specified in
other articles of this Constitution.
Article 7
In accordance with the command of the Qur'an contained in
the verse ("Their affairs are by consultations among them" [42:38]) and
("Consult them in affairs" [3:159]), consultative bodies - such as the Islamic
Consultative Assembly, the Provincial Councils, and the City, Region, District, and
Village Councils and the likes of them - are the decision-making and administrative organs
of the country. The nature of each of these councils, together with the manner of their
formation, their jurisdiction, and scope of their duties and functions, is determined by
the Constitution and laws derived from it.
Article 8
In the Islamic Republic of Iran, al-'amr bilma'ruf wa
al-nahy 'an al-munkar is a universal and reciprocal duty that must be fulfilled by the
people with respect to one another, by the government with respect to the people, and by
the people with respect to the government. The conditions, limits, and nature of this duty
will be specified by law. (This is in accordance with the Qur'anic verse; "The
believers, men and women, are guardians of one another; they enjoin the good and forbid
the evil" [9:71]).
Article 9
In the Islamic Republic of Iran, the freedom, independence,
unity, and territorial integrity of the country are inseparable from one another, and
their preservation is the duty of the government and all individual citizens. No
individual, group, or authority, has the right to infringe in the slightest way upon the
political, cultural, economic, and military independence or the territorial integrity of
Iran under the pretext of exercising freedom. Similarly, no authority has the right to
abrogate legitimate freedoms, not even by enacting laws and regulations for that purpose,
under the pretext of preserving the independence and territorial integrity of the country.
Article 10
Since the family is the fundamental unit of Islamic society,
all laws, regulations, and pertinent programs must tend to facilitate the formation of a
family, ,and to safeguard its sanctity and the stability of family relations on the basis
of the law and the ethics of Islam.
Article 11
In accordance with the sacred verse of the Qur'an
("This your community is a single community, and I am your Lord, so worship Me"
[21:92]), all Muslims form a single nation, and the government of the Islamic Republic of
Iran has the duty of formulating its general policies with a view to cultivating the
friendship and unity of all Muslim peoples, and it must constantly strive to bring about
the political, economic, and cultural unity of the Islamic world.
Article 12
The official religion of Iran is Islam and the Twelver
Ja'fari school [in usual al-Din and fiqh], and this principle will remain eternally
immutable. Other Islamic schools, including the Hanafi, Shafi'i, Maliki, Hanbali, and
Zaydi, are to be accorded full respect, and their followers are free to act in accordance
with their own jurisprudence in performing their religious rites. These schools enjoy
official status in matters pertaining to religious education, affairs of personal status
(marriage, divorce, inheritance, and wills) and related litigation in courts of law. In
regions of the country where Muslims following any one of these schools of fiqh constitute
the majority, local regulations, within the bounds of the jurisdiction of local councils,
are to be in accordance with the respective school of fiqh, without infringing upon the
rights of the followers of other schools.
Article 13
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.
Article 14
In accordance with the sacred verse; ("God does not
forbid you to deal kindly and justly with those who have not fought against you because of
your religion and who have not expelled you from your homes" [60:8]), the government
of the Islamic Republic of Iran and all Mu slims are duty-bound to treat non-Muslims in
conformity with ethical norms and the principles of Islamic justice and equity, and to
respect their human rights. This principle applies to all who refrain from engaging in
conspiracy or activity against Islam and the Islamic Republic of Iran.
CHAPTER II:
The Official Language, Script, Calendar, and Flag of the Country
Article 15
The official language and script of Iran, the lingua franca
of its people, is Persian. Official documents, correspondence, and texts, as well as
text-books, must be in this language and script. However, 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.
Article 16
Since the language of the Qur'an and Islamic texts and
teachings is Arabic, and since Persian literature is thoroughly permeated by this
language, it must be taught after elementary level, in all classes of secondary school and
in all areas of study.
Article 17
The official calendar of the country takes as its point of
departure the migration of the Prophet of Islam - God's peace and blessings upon him and
his Family. Both the solar and lunar Islamic calendars are recognized, but government
offices will function according to the solar calendar. The official weekly holiday is
Friday.
Article 18
The official flag of Iran is composed of green, white and
red colors with the special emblem of the Islamic Republic, together with the motto
[Allah-o Akbar].
CHAPTER III:
The Rights of the People
Article 19
All people of Iran, whatever the ethnic group or tribe to
which they belong, enjoy equal rights; and color, race, language, and the like, do not
bestow any privilege.
Article 20
All citizens of the country, both men and women, equally
enjoy the protection of the law and enjoy all human, political, economic, social, and
cultural rights, in conformity with Islamic criteria.
Article 21
The government must ensure the rights of women in all
respects, in conformity with Islamic criteria, and accomplish the following goals:
1. create a favorable environment for the growth of woman's
personality and the restoration of her rights, both the material and intellectual;
2. the protection of mothers, particularly during pregnancy
and childbearing, and the protection of children
without guardians;
3. establishing competent courts to protect and preserve the
family;
4. the provision of special insurance for widows, and aged
women and women without support;
5. the awarding of guardianship of children to worthy
mothers, in order to protect the interests of the children, in the absence of a legal
guardian.
Article 22
The dignity, life, property, rights, residence, and
occupation of the individual are inviolate, except in cases sanctioned by law.
Article 23
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
Publications and the press have freedom of expression except
when it is where there is infringement of the basic tenets of Islam or public rights. In
this respect detailed provisions will be laid down by law.
Article 25
Examination of (the contents of), and non-delivery of,
letters; recording and divulging of telephone conversations; disclosure of telegraphic or
telex communications; censorship, pruning or non-transmission of messages; tapping and
bugging and any kind of investigation are all forbidden, unless when so ordered by the
law.
Article 26
Political parties, societies, political and craft
associations, and Islamic or recognized minority religious associations may be freely
brought into being, provided that no violation is involved of the principles of
independence, freedom, national unity, Islamic standards, and the foundations of the
Islamic Republic. No person may be prevented from joining, or compelled to join, one of
the above.
Article 27
Unarmed assemblies and marches may be freely organized,
provided that no violation of the foundations of Islam is involved.
Article 28
Every person is entitled to choose the employment he wishes,
so long as it is not contrary to Islam or the public interest or the rights of others.
The Government is bound, with due regard for the needs of
society for a variety of employment for all men, to create the possibility of employment,
and equal opportunities for obtaining it.
Article 29
Every person is entitled to the enjoyment of Social
Security. This covers retirement, unemployment, old age, being laid off (AZ KAR OFTADEGI),
being without a guardian, casual misfortune, accidents, and occurrences giving rise to the
need for health services and medical care and treatment, through insurance etc.
The Government is bound, in accordance with the laws, to use
public revenues and the revenue drawn from individual contributions to provide the
services and financial support mentioned above for every individual in the country
Article 30
The Government is bound to make available, tree of charge,
educational facilities for all up to the close of the secondary stage, and to expand free
facilities for higher education up to the limits of the country's own capacity
Article 31
Every Iranian individual and family is entitled to a
dwelling appropriate to their need. The Government is bound to provide this, giving
priority to those whose need is greatest, in particular peasants and workers, in the
implementation of this Article.
Article 32
No person may be arrested except according to and in the
manner laid down in the law. If someone is detained, the subject matter of the charge,
with reasons (for bringing it), must immediately be communicated and explained in writing
to the accused. Within at most 24 hours the file on the case and preliminary documentation
must be referred to the competent legal authority. Legal procedures must be initiated as
early as possible. Anyone infringing this principle will be punished in accordance with
the law.
Article 33
No person may be ousted from his residence, or forbidden to
reside in the locality of his choice, or compelled to reside In a particular locality,
unless the law prescribes this.
Article 34
To ask for justice is the unquestioned right of every
individual Everyone may refer to the competent courts in search of justice. All members of
the nation are entitled to have recourse to such courts within their reach. No one may be
prevented from recourse to any court to which the law entitles him to refer
Article 35
In all courts, both parties to the claim are entitled to
select a lawyer for themselves. If they do not have the capacity to do this, the means of
a lawyer being appointed to act for them must be made available to them.
Article 36
A sentence to punishment and its execution must only be by
the decision of a competent court, and by virtue of law
Article 37
Innocence is the basic principle No person is considered
legally guilty, except in cases where his guilt is established in a competent court.
Article 38
Any kind of torture used to extract an admission of guilt or
to obtain information is forbidden. Compelling people to give evidence, or confess or take
an oath is not allowed. Such evidence or confession or oath is null and void. Any person
infringing this principle is to be punished in accordance with the law.
Article 39
Aspersion of the dignity of and respect due to any person
who has been arrested or put in detention, or imprisoned or exiled by command of the law
is forbidden in any form, and is liable to punishment.
Article 40
No person may exercise his own rights as a means of
constraining others or violating the public interest.
Article 41
Citizenship of Iran is the unquestioned right of all
Iranians. The Government may not deprive any Iranian of his citizenship, except at their
own request, or if they take up citizenship of another country.
Article 42
Foreign nationals may within the limits of the law take up
Iranian citizenship. The citizenship of such persons may only be taken away if, possibly,
another Government accepts them into citizenship, or at their own request.
CHAPTER IV:
Economy and Financial Affairs
Article 43
The economy of the Islamic Republic of Iran, with its
objectives of achieving the economic independence of the society, uprooting poverty and
deprivation, and fulfilling human needs in the process of development while preserving
human liberty, is. based on the following criteria:
1. the provision of basic necessities for all citizens:
housing, food, clothing, hygiene, medical treatment, education, and the necessary
facilities for the establishment of a family;
2. ensuring conditions and opportunities of employment for
everyone, with a view to attaining full employment; placing the means of work at the
disposal of everyone who is able to work but lacks the means, in the form of cooperatives,
through granting interest-free loans or recourse to any other legitimate means
that neither results in the concentration or circulation of
wealth in the hands of a few individuals or groups, nor turns the government into a major
absolute employer. These steps must be taken with due regard for the requirements
governing the general economic planning of the country at each stage of its growth;
3. the plan for the national economy, must be structured in
such a manner that the form, con-tent, and hours of work of every individual will allow
him sufficient leisure and energy to engage, beyond his professional endeavor, in
intellectual, political, and social activities leading to all-round development of his
self, to take active part in leading the affairs of the country, improve his skills, and
to make full use of his creativity;
4. respect for the right to choose freely one's occupation;
refraining from compelling anyone to engage in a particular job; and preventing the
exploitation of another's labor;
5. the prohibition of infliction of harm and loss upon
others, monopoly, hoarding, usury, and other illegitimate and evil practices;
6. the prohibition of extravagance and wastefulness in all
matters related to the economy, including consumption, investment, production,
distribution, and services;
7. the utilization of science and technology, and the
training of skilled personnel in accordance with the developmental needs of the country's
economy;
8. prevention of foreign economic domination over the
country's economy;
9. emphasis on increase of agricultural, livestock, and
industrial production in order to satisfy public needs and to make the country
self-sufficient and free from dependence.
Article 44
The economy of the Islamic Republic of Iran is to consist of
three sectors: state, cooperative, and private, and is to be based on systematic and sound
planning. The state sector is to include 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; all these will be publicly owned and
administered by the State. The cooperative sector is to include cooperative companies and
enterprises concerned with production and distribution, in urban and rural areas, in
accordance with Islamic criteria. The private sector consists of those activities
concerned with agriculture, animal husbandry, industry, trade, and services that
supplement the economic activities of the state and cooperative sectors. Ownership in each
of these three sectors is protected by the laws of the Islamic Republic, in so far as this
ownership is in conformity with the other articles of this chapter, does not go beyond the
bounds of Islamic law, contributes to the economic growth and progress of the country, and
does not harm society. The [precise] scope of each of these sectors, as well as the
regulations and conditions governing their operation, will be specified by law.
Article 45
Public wealth and property, such as uncultivated or
abandoned land, mineral deposits, seas, lakes, rivers and other public water-ways,
mountains, valleys, forests, marshlands, natural forests, unenclosed pastures, legacies
without heirs, property of undetermined ownership, and public property recovered from
usurpers, shall be at the disposal of the Islamic government for it to utilize in
accordance with the public interest. Law will specify detailed procedures for the
utilization of each of the foregoing items.
Article 46
Everyone is the owner of the fruits of his legitimate
business and labor, and no one may deprive another of the opportunity of business and work
under the pretext of his right to ownership.
Article 47
Private ownership, legitimately acquired, is to be
respected. The relevant criteria are determined by law.
Article 48
There must be no discrimination among the various provinces
with regard to the exploitation of natural resources, utilization of public revenues, and
distribution of economic activities among the various provinces and regions of the
country, thereby ensuring that every region has access to the necessary capital and
facilities in accordance with its needs and capacity for growth.
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 50
The preservation of the environment, in which the present as
well as the future generations have a right to flourishing social existence, is regarded
as a public duty in the Islamic Republic. Economic and other activities that inevitably
involve pollution of the environment or cause irreparable damage to it are therefore
forbidden.
Article 51
No form of taxation may be imposed except in accordance with
the law. Provisions for tax exemption and reduction will be determined by law.
Article 52
The annual budget of the country will be drain up by the
government, in the manner specified by law, and submitted to the Islamic Consultative
Assembly for discussion and approval. Any change in the figures contained in the budget
will be in accordance with the procedures prescribed by law.
Article 53
All sums collected by the government will be deposited into
the government accounts at the central treasury, and all disbursements, within the limits
of allocations approved, shall be made in accordance with law.
Article 54
The National Accounting Agency is to be directly under the
supervision of the Islamic Consultative Assembly. Its organization and mode of operation
in Tehran and at the provincial capitals, are to be determined by law.
Article 55
The National Accounting Agency will inspect and audit, in
the manner prescribed by law, all the accounts of ministries, government institutions and
companies as well as other organizations that draw, in any way, on the general budget of
the country, to ensure that no expenditure exceeds the allocations approved and that all
sums are spent for the specified purpose. It will collect all relevant accounts,
documents, and records, in accordance with law, and submit to the Islamic Consultative
Assembly a report for the settlement of each year's budget together with its own comments.
This report must be made available to the public.
CHAPTER V:
The Right of National Sovereignty and the Powers Deriving Therefrom
Article 56
Absolute sovereignty over the world and man belongs to God,
and it is He Who has made man master of his own social destiny. No one can deprive man of
this divine right, nor subordinate it to the vested interests of a particular individual
or group. The people are to exercise this divine right in the manner specified in the
following articles.
Article 57
The powers of government in the Islamic Republic are vested
in the legislature, the judiciary, and the executive powers, functioning under the
supervision of the absolute wilayat al-'amr and the leadership of the Ummah, in accordance
with the forthcoming articles of this Constitution. These powers are independent of each
other.
Article 58
The function of the legislature are to be exercised through
the Islamic Consultative Assembly, consisting of the elected representatives of the
people. Legislation approved by this body, after going through the stages specified in the
articles below, is communicated to the executive and the judiciary for implementation.
Article 59
In extremely important economic, political, social, and
cultural matters, the function of the legislature may be exercised through direct recourse
to popular vote through a referendum. Any request for such direct recourse to public
opinion must be approved by two-thirds of the members of the Islamic Consultative
Assembly.
Article 60
The functions of the executive, except in the matters that
are directly placed under the jurisdiction of the Leadership by the Constitution, are to
be exercised by the president and the ministers.
Article 61
The function of the judiciary are to be performed by courts
of justice, which are to be formed in accordance with the criteria of Islam, and are
vested with the authority to examine and settle lawsuits, protect the rights of the
public, dispense and enact justice, and implement the Divine limits [al-hudud
al-Ilahiyyah].
CHAPTER VI:
The Legislative Power
SECTION ONE:
The Islamic Consultative Assembly
Article 62
The Islamic consultative Assembly is constituted by the
representatives of the people elected directly and by secret ballot. The qualifications of
voters and candidates, as well as the nature of election, will be specified by law.
Article 63
The term of membership in the Islamic Consultative Assembly
is four years. Elections for each term must take place before the end of the preceding
term, so that the country is never without an Assembly.
Article 64
There are to be two hundred seventy members of the Islamic
Consultative Assembly which, keeping in view the human, political, geographic and other
similar factors, may increase by not more than twenty for each ten-year period from the
date of the national referendum of the year 1368 of the solar Islamic calendar. The
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. The limits of the election
constituencies and the number of representatives will be deter-mined by law.
Article 65
After the holding of elections, sessions of the Islamic
Consultative Assembly are considered legally valid when two-thirds of the total number of
members are present. Drafts and bills will be approved in accordance with the code of
procedure approved by it, except in cases where the Constitution has specified a certain
quorum. The consent of two-thirds of all members present is necessary for the approve of
the code of procedure of the Assembly.
Article 66
The manner of election of the Speaker and the Presiding
Board of the Assembly, the number of committees and their term of office, and matters
related to conducting the discussions and maintaining the discipline of the Assembly will
be determined by the code of procedure of the Assembly.
Article 67
Members of the Assembly must take the following oath at the
first session of the Assembly and affix their signatures to its text: In the Name of God,
the Compassionate, the Merciful. In the presence of the Glorious Qur'an, I swear by God,
the Exalted and Almighty, and undertake, swearing by my own honor as a human being, to
protect the sanctity of Islam and guard the accomplishments of the Islamic Revolution of
the Iranian people and the foundations of the Islamic Republic; to protect, as a just
trustee, the honor bestowed upon me by the people, to observe piety in fulfilling my
duties as people's representative; to remain always committed to the independence and
honor of the country; to fulfill my duties towards the nation and the service of the
people; to defend the Constitution; and to bear in mind, both in speech and writing and in
the expression of my views, the independence of the country, the freedom of the people,
and the security of their interests.
Members belonging to the religious minorities will swear by
their own sacred books while taking this oath.
Members not attending the first session will perform the
ceremony of taking the oath at the first session they attend.
Article 68
In time of war and the military occupation of the country,
elections due to be held in occupied areas or countrywide may be delayed for a specified
period if proposed by the President of the Republic, and approved by three-fourths of the
total members of the Islamic Consultative Assembly, with the endorsement of the Guardian
Council. If a new Assembly is not formed, the previous one will continue to function.
Article 69
The deliberations of the Islamic Consultative Assembly must
be open, and full minutes of them made available to the public by the radio and the
official gazette. A closed session may be held in emergency conditions, if it is required
for national security, upon the requisition of the President, one of the ministers, or ten
members of the Assembly. Legislation passed at a closed session is valid only when
approved by three-fourths of the members in the presence of the Guardian Council. After
emergency conditions have ceased to exist, the minutes of such closed sessions, together
with any legislation approved in them, must be made available to the public.
Article 70
The President, his deputies and the ministers have the right
to participate in the open sessions of the Assembly either collectively or individually.
They may also have their advisers accompany them. If the members of the Assembly deem it
necessary, the ministers are obliged to attend. [Conversely], whenever they request it,
their statements are to be heard.
SECTION TWO:
Powers and Authority of the Islamic Consultative
Assembly
Article 71
The Islamic Consultative Assembly can establish laws on all
matters, within the limits of its competence as laid down in the Constitution.
Article 72
The Islamic Consultative Assembly cannot enact laws contrary
to the usual 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 73
The interpretation of ordinary laws falls within the
competence of the Islamic Consultative Assembly. The intent of this Article does not
prevent the interpretations that judges may make in the course of cassation.
Article 74
Government bills are presented to the Islamic Consultative
Assembly after receiving the approval of the Council of Ministers. Members' bills may be
introduced in the Islamic Consultative Assembly if sponsored by at least fifteen members.
Article 75
Members' bills and proposals and amendments to governments
bills proposed by members that entail the reduction of the public income or the increase
of public expenditure may be introduced in the Assembly only if means for compensating for
the decrease in income or for meeting the new expenditure are also specified.
Article 76
The Islamic Consultative Assembly has the right to
investigate and examine all the affairs of the country.
Article 77
International treaties, protocols, contracts, and agreements
must be approved by the Islamic Consultative Assembly.
Article 78
All changes in the boundaries of the country are forbidden,
with the exception of minor amendments in keeping with the interests of the country, on
condition that they are not unilateral, do not encroach on the independence and
territorial integrity of the country, and receive the approval of four-fifths of the total
members of the Islamic Consultative Assembly.
Article 79
The proclamation of martial law is forbidden. In case of war
or emergency conditions akin to war, the government has the right to impose temporarily
certain necessary restrictions, with the agreement of the Islamic Consultative Assembly.
In no case can such restrictions last for more than thirty days; if the need for them
persists beyond this limit, the government must obtain new authorization for them from the
Assembly.
Article 80
The taking and giving of loans or grants-in-aid, domestic
and foreign, by the government, must be approved by the Islamic Consultative Assembly.
Article 81
The granting of concessions to foreigners for the formation
of companies or institutions dealing with commerce, industry, agriculture, services or
mineral extraction, is absolutely forbidden.
Article 82
The employment of foreign experts is forbidden, except in
cases of necessity and with the approval of the Islamic Consultative Assembly.
Article 83
Government buildings and properties forming part of the
national heritage cannot be transferred except with the approval of the Islamic
Consultative Assembly; that, too, is not applicable in the case of irreplaceable
treasures.
Article 84
Every representative is responsible to the entire nation and
has the right to express his views on all internal and external affairs of the country.
Article 85
The right of membership is vested with the individual, and
is not transferable to others. The Assembly cannot delegate the power of legislation to an
individual or committee. But whenever necessary, it can delegate the power of legislating
certain laws to its own committees, in accordance with Article 72. In such a case, the
laws will be implemented on a tentative basis for a period specified by the Assembly, and
their final approval will-rest with the Assembly. Likewise, the Assembly may, in
accordance with Article 72, delegate to the relevant committees the responsibility for
permanent approval of articles of association of organizations, companies, government
institutions, or organizations affiliated to the government and or invest the authority in
the government. In such a case, the government approvals must not be inconsistent with the
principles and commandments of the official religion in the country and or the
Constitution which question shall be determined by the Guardian Council in accordance with
what is stated in Article 96. In addition to this, the government approvals shall not be
against the laws and other general rules of the country and, while calling for
implementation, the same shall be brought to the knowledge of the Speaker of the Islamic
Consultative Assembly for his study and indication that the approvals in question are not
inconsistent with the aforesaid rules.
Article 86
Members of the Assembly are completely free in expressing
their views and casting their votes in the course of performing their duties as
representatives, and they cannot be prosecuted or arrested for opinions expressed in the
Assembly or votes cast in the course of performing their duties as representatives.
Article 87
The President must obtain, for the Council of Ministers,
after being formed and before all other business, a vote of confidence from the Assembly.
During his incumbency, he can also seek a vote of confidence for the Council of Ministers
from the Assembly on important and controversial issues.
Article 88
Whenever at least one-fourth of the total members of the
Islamic Consultative Assembly pose a question to the President, or any one member of the
Assembly poses a question to a minister on a subject relating to their duties, the
President or the minister is obliged to attend the Assembly and answer the question. This
answer must not be delayed more than one month in the case of the President and ten days
in the case of the minister, except with an excuse deemed reasonable by the Islamic
Consultative Assembly.
Article 89
1. Members of the Islamic Consultative Assembly can
interpolate the Council of Ministers or an individual minister in instances they deem
necessary. Interpolations can be tabled if they bear the signatures of at least ten
members. The Council of Ministers or interpolated minister must be present in the Assembly
within ten days after the tabling of the interpolation in order to answer it and seek a
vote of confidence. If the Council of Ministers or the minister concerned fails to attend
the Assembly, the members who tabled the interpolation will explain their reasons, and the
Assembly will declare a vote of no-confidence if it deems it necessary. If the Assembly
does not pronounce a vote of confidence, the Council of Ministers or the minister subject
to interpolation is dismissed. In both cases, the ministers subject to interpolation
cannot become members of the next Council of Ministers formed immediately afterwards.
2. In the event at least one-third of the members of the
Islamic Consultative Assembly interpolate the President concerning his executive
responsibilities in relation with the Executive Power and the executive affairs of the
country, the President must be present in the Assembly within one month after the tabling
of the interpolation in order to give adequate explanations in regard to the matters
raised. In the event, after hearing the statements of the opposing and favoring members
and the reply of the President, two-thirds of the members of the Assembly declare a vote
of no confidence, the same will be communicated to the Leadership for information and
implementation of Section (10) of Article 110 of the Constitution.
Article 90
Whoever has a complaint concerning the work of the Assembly
or the executive power, or the judicial power can forward his complaint in writing to the
Assembly. The Assembly must investigate his complaint and give a satisfactory reply. In
cases where the complaint relates to the executive or the judiciary, the Assembly must
demand proper investigation in the matter and an adequate explanation from them, and
announce the results within a reasonable time. In cases where the subject of the complaint
is of public interest, the reply must be made public.
Article 91
With a view to safeguard the Islamic ordinances and the
Constitution, in order to examine the compatibility of the legislation passed by the
Islamic Consultative Assembly with Islam, a council to be known as the Guardian Council is
to be constituted with the following composition:
1. six 'adil fuqaha' conscious of the present needs and the
issues of the day, to be selected by the Leader, and
2. six jurists, specializing in different areas of law, to
be elected by the Islamic Consultative Assembly from among the Muslim jurists nominated-by
the Head of the Judicial Power.
Article 92
Members of the Guardian Council are elected to serve for a
period of six years, but during the first term, after three years have passed, half of the
members of each group will be changed by lot and new members will be elected in their
place.
Article 93
The Islamic Consultative Assembly does not hold any legal
status if there is no Guardian Council in existence, except for the purpose of approving
the credentials of its members and the election of the six jurists on the Guardian
Council.
Article 94
All legislation passed by the Islamic Consultative Assembly
must be sent to the Guardian Council. The Guardian Council must review it within a maximum
of ten days from its receipt with a view to ensuring its compatibility with the criteria
of Islam and the Constitution. If it finds the legislation incompatible, it will return it
to the Assembly for review. Otherwise the legislation will be deemed enforceable.
Article 95
In cases where the Guardian Council deems ten days
inadequate for completing the process of review and delivering a definite opinion, it can
request the Islamic Consultative Assembly to grant an extension of the time limit not
exceeding ten days.
Article 96
The determination of compatibility of the legislation passed
by the Islamic Consultative Assembly with the laws of Islam rests with the majority vote
of the fuqaha' on the Guardian Council; and the determination of its compatibility with
the Constitution rests with the majority of all the members of the Guardian Council.
Article 97
In order to expedite the work, the members of the Guardian
Council may attend the Assembly and listen to its debates when a government bill or a
members' bill is under discussion. When an urgent government or members' bill is placed on
the agenda of the Assembly, the members of the Guardian Council must attend the Assembly
and make their views known.
Article 98
The authority of the interpretation of the Constitution is
vested with the Guardian Council, which is to be done with the consent of three-fourths of
its members.
Article 99
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.
CHAPTER VII:
Councils
Article 100
In order to expedite social, economic, development, public
health, cultural, and educational programs and facilitate other affairs relating to public
welfare with the cooperation of the people according to local needs, the administration of
each village, division, city, municipality, and province will be supervised by a council
to be named the Village, Division, City, Municipality, or Provincial Council. Members of
each of these councils will be elected by the people of the locality in question.
Qualifications for the eligibility of electors and candidates for these councils, as well
as their functions and powers, the mode of election, the jurisdiction of these councils,
the hierarchy of their authority, will be determined by law, in such a way as to preserve
national unity, territorial integrity, the system of the Islamic Republic, and the
sovereignty of the central government.
Article 101
In order to prevent discrimination in the preparation of
programs for the development and welfare of the provinces, to secure the cooperation of
the people, and to arrange for the supervision of coordinated implementation of such
programs, a Supreme Council of the Provinces will be formed, composed of representatives
of the Provincial Councils. Law will specify the manner in which this council is to be
formed and the functions that it is to fulfill.
Article 102
The Supreme Council of the Provinces has the right within
its jurisdiction to draft bills and to submit them to the Islamic Consultative Assembly,
either directly or through the government. These bills must be examined by the Assembly.
Article 103
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.
Article 104
In order to ensure Islamic equity and cooperation in
chalking out the programs and to bring about the harmonious progress of all units of
production, both industrial and agricultural, councils consisting of the representatives
of the workers, peasants, other employees, and managers, will be formed in educational and
administrative units, units of service industries, and other units of a like nature,
similar councils will be formed, composed of representatives of the members of those
units. The mode of the formation of these councils and the scope of their functions and
powers, are to be specified by law.
Article 105
Decisions taken by the councils must not be contrary to the
criteria of Islam and the laws of the country.
Article 106
The councils may not be dissolved unless they deviate from
their legal duties. The body responsible for determining such deviation, as well as the
manner for dissolving the councils and re-forming them, will be specified by law. Should a
council have any objection to its dissolution, it has the right to appeal to a competent
court, and the court is duty-bound to examine its complaint outside the docket sequence.
CHAPTER VIII:
The Leader or Leadership Council
Article 107
After the demise of the eminent marji' al-taqlid and great
leader of the universal Islamic revolution, and founder of the Islamic Republic of Iran,
Ayatullah al-'Uzma Imam Khomeyni - quddisa sirruh al-sharif - who was recognized and
accepted as marji' and Leader by a decisive majority of the people, the task of appointing
the Leader shall be vested with the experts elected by the people. The experts will review
and consult among themselves concerning all the fuqaha' possessing the qualifications
specified in Articles 5 and 109. In the event they find one of them better versed in
Islamic regulations, the subjects of the fiqh, or in political and social Issues, or
possessing general popularity or special prominence for any of the qualifications
mentioned in Article 109, they shall elect him as the Leader. Otherwise, in the absence of
such a superiority, they shall elect and declare one of them as the Leader. The Leader
thus elected by the Assembly of Experts shall assume all the powers of the wilayat al-amr
and all the responsibilities arising therefrom. The Leader is equal with the rest of the
people of the country in the eyes of law.
Article 108
The law setting out the number and qualifications of the
experts [mentioned in, the preceding article], the mode of their election, and the code of
procedure regulating the sessions during the first term, must be drawn up by the fuqaha'
on the first Guardian Council, passed by a majority of votes and then finally approved by
the Leader of the Revolution. The power to make any subsequent change or a review of this
law, or approval of all the provisions concerning the duties of the experts is vested in
themselves.
Article 109
Following are the essential qualifications and conditions
for the Leader:
a. scholarship, as required for performing the functions of
mufti in different fields of fiqh.
b. Justice and piety, as required for the leadership of the
Islamic Ummah.
c. right political and social perspicacity, prudence,
courage, administrative facilities and adequate capability for leadership.
In case of multiplicity of persons fulfilling the above
qualifications and conditions, the person possessing the better jurisprudential and
political perspicacity will be given preference.
Article 110
Following are the duties and powers of the Leadership:
1. Delineation of the general policies of the Islamic
Republic of Iran after consultation with the Nation's Exigency Council.
2. Supervision over the proper execution of the general
policies of the system.
3. Issuing decrees for national referenda.
4. Assuming supreme command of the armed forces.
5. Declaration of war and peace, and the mobilization of the
armed forces.
6. Appointment, dismissal, and acceptance of resignation of:
a. the fuqaha' on the Guardian Council.
b. the supreme judicial authority of the country.
c. the head of the radio and television network of the
Islamic Republic of Iran.
d. the chief of the joint staff.
e. the chief commander of the Islamic Revolution Guards
Corps.
f. the supreme commanders of the armed forces.
7. Resolving differences between the three wings of the
armed forces and regulation of their relations.
8. Resolving the problems, which cannot be solved by
conventional methods, through the Nation's Exigency Council.
9. Signing the decree formalizing the election of the
President of the Republic by the people. The suitability of candidates for the Presidency
of the Republic, with respect to the qualifications specified in the Constitution, must be
confirmed before elections take place by the Guardian Council; and, in the case of the
first term [of the Presidency], by the Leadership;
10. Dismissal of the' President of the Republic, with due
regard for the interests of the country, after the Supreme Court holds him guilty of the
violation of his constitutional duties, or after a vote of the Islamic Consultative
Assembly testifying to his incompetence on the basis of Article 89 of the Constitution.
11. Pardoning or reducing the sentences of convicts, within
the framework of Islamic criteria, on a recommendation [to that effect] from the Head of
judicial power.
The Leader may delegate part of his duties and powers to
another person.
Article 111
Whenever the Leader becomes incapable of fulfilling his
constitutional duties, or lobs one of the qualifications mentioned in Articles 5 and 109,
or it becomes known that he did not possess some of the qualifications initially, he will
be dismissed. The authority of determination in this matter is vested with the experts
specified in Article 108. In the event of the death, or resignation or dismissal of the
Leader, the experts shall take steps within the shortest possible time for the appointment
of the new Leader. Till the appointment of the new Leader, a council consisting of the
President, head of the judicial power, and a faqih from the Guardian Council, upon the
decision of the Nation's Exigency Council, shall temporarily take over all the duties of
the Leader. In the event, during this period, any one of them is unable to fulfill his
duties for whatsoever reason, another person, upon the decision of majority of fuqaha' in
the Nation's Exigency Council shall be elected in his place. This council shall take
action in respect of items 1,3,5, and 10, and sections d, e and f of item 6 of Article
110, upon the decision of three-fourths of the members of the Nation's Exigency Council.
Whenever the Leader becomes temporarily unable to perform the duties of leadership owing
to his illness or any other incident, then during this period, the council mentioned in
this Article shall assume his duties.
Article 112
Upon the order of the Leader, the Nation's Exigency Council
shall meet at any time the Guardian Council judges a proposed bill of the Islamic
Consultative Assembly to be against the principles of Shariah or the Constitution, and the
Assembly is 'unable to meet the expectations of the Guardian Council. Also, the Council
shall meet for consideration on any issue forwarded to it by the Leader and shall carry
out any other responsibility as mentioned in this Constitution. The permanent and
changeable members of the Council shall be appointed by the Leader. The rules for the
Council shall be formulated and approved by the Council members subject to the
confirmation by the Leader.
CHAPTER IX:
The Executive Power
SECTION ONE:
The Presidency
Article 113
After the office of Leadership, the President is the highest
official in the country. His is the responsibility for implementing the Constitution and
acting as the head of the executive, except in matters directly concerned with (the office
of) the Leadership.
Article 114
The President is elected for a four-year term by the direct
vote of the people. His re-election for a successive term is permissible only once.
Article 115
The President must be elected from among religious and
political personalities possessing the following qualifications: Iranian origin; Iranian
nationality; administrative capacity and resourcefulness; a good past-record;
trustworthiness and piety; convinced belief in the fundamental principles of the Islamic
Republic of Iran and the official religion of the country.
Article 116
Candidates nominated for the post of President must declare
their candidature officially. Law lays down the manner in which the President is to be
elected.
Article 117
The President is elected by an absolute majority of votes
polled by the voters. But if none of the candidates is able to win such a majority In the
first round, voting will take place a second time on Friday of the following week. In the
second round only the two candidates who received greatest number of votes in the first
round will participate. If, however, some of the candidates securing greatest votes in the
first round withdraw from the elections, the final choice will be between the two
candidates who won greater number of votes than all the remaining candidates.
Article 118
Responsibility for the supervision of the election, of the
President lies with the Guardian Council, as stipulated in Article 99. But before the
establishment of the first Guardian Council, however, it lies with a supervisory body to
be constituted by law.
Article 119
The election of a new President must take place no later
than one month before the end of the term of the outgoing President. In the interim period
before the election of the new President and the end of the term of the outgoing
President, the outgoing President will perform the duties of the, President.
Article 120
In case any of the candidates whose suitability is
established in terms of the qualifications listed above should die within ten days before
polling day, the elections will be postponed for two weeks. If one of the candidates
securing greatest number of votes dies in the intervening period between the first and
second rounds of voting, the period for holding (the second round of) the election will be
extended for two weeks.
Article 121
The President must take the following oath and affix his
signature to it at a session of the Islamic Consultative Assembly in the presence of the
head of the judicial power and the members of the Guardian Council:
"In, the Name of God, the Compassionate, the Merciful,
I, as President, swear, in the presence of the Noble Qur'an and the people of Iran, by
God, the Exalted and Almighty, that I will guard the official religion of the country, the
order of the Islamic Republic and the Constitution of the country; that I will devote all
my capacities and abilities to the fulfillment of the responsibilities that I have
assumed; that I will dedicate myself to the service of the people, the honor of the
country, the propagation of religion and morality, and the support of truth and justice,
refraining from every kind of arbitrary behavior; that I will protect the freedom and
dignity of all citizens and the rights that the Constitution has accorded the people; that
in guarding the frontiers and the political, economic, and cultural independence of the
country I will not shirk any necessary measure; that, seeking help from God and following
the Prophet of Islam and the infallible Imams (peace be upon them), I will guard, as a
pious and selfless trustee, the authority vested in me by the people as a sacred trust,
and transfer it to whomever the people may elect after me."
Article 122
The President, within the limits of his powers and duties,
which he has by virtue of this Constitution or other laws, is responsible to the people,
the Leader and the Islamic Consultative Assembly.
Article 123
The President is obliged to sign legislation approved by the
Assembly or the result of a referendum, after the (related) legal procedures have been
completed and it has been communicated to him. After signing, he must forward it to the
responsible authorities for implementation.
Article 124
The President may have deputies for the performance of his
constitutional duties. With the approval of the President, the first deputy of the
President shall be vested with the responsibilities of administering the affairs of the
Council of Ministers and coordination of functions of other deputies.
Article 125
The President or his legal representative has the authority
to sign treaties, protocols, contracts, and agreements concluded by the Iranian government
with other governments, as well as agreements pertaining to international organizations,
after obtaining the approval of the Islamic Consultative Assembly.
Article 126
The President is responsible for national planning and
budget and state employment affairs and may entrust the administration of these to others.
Article 127
In special circumstances, subject to approval of the Council
of Ministers the President may appoint one or more special representatives with specific
powers. In such cases, the decisions of his representative(s) will be considered as tee
same as those of the President and the Council of Ministers.
Article 128
The ambassadors shall be appointed upon the recommendation
of the foreign minister and approval of the President. The President signs the credentials
of ambassadors and receives the credentials presented by the ambassadors ,of the foreign
countries.
Article 129
The award of state decorations is a prerogative of the
President.
Article 130
The President shall submit his resignation to the Leader and
shall continue performing his duties until his resignation is not accepted.
Article 131
In case of death, dismissal, resignation, absence, or
illness lasting longer than two months of the President, or when his term in office has
ended and a new president has not been elected due to some impediments, or similar other
circumstances, his first deputy shal | 
