IRAN'S CONSTITUTION [1]
Preamble
The Constitution of the Islamic Republic of Iran
advances the cultural, social, political, and economic institutions of Iranian
society based on Islamic principles and norms, which represent an honest
aspiration of the Islamic Ummah. This aspiration was
exemplified by the nature of the great Islamic Revolution of Iran, and by the
course of the Muslim people's struggle, from its beginning until victory, as
reflected in the decisive and forceful calls raised by all segments of the
populations. Now, at the threshold of this great victory, our nation, with all
its beings, seeks its fulfillment.
The basic characteristic of this revolution, which
distinguishes it from other movements that have taken place in Iran during the past
hundred years, is its ideological and Islamic nature. After experiencing the
anti-despotic constitutional movement and the anti-colonialist movement
centered on the nationalization of the oil industry, the Muslim people of Iran learned from this
costly experience that the obvious and fundamental reason for the failure of
those movements was their lack of an ideological basis. Although the Islamic
line of thought and the direction provided by militant religious leaders played
an essential role in the recent movements, nonetheless, the struggles waged in
the course of those movements quickly fell into stagnation due to departure
from genuine Islamic positions. Thus it was that the awakened conscience of the
nation, under the leadership of Imam Khomeini, came to perceive the necessity
of pursuing a genuinely Islamic and ideological line in its struggles. And this
time, the militant 'ulama' of the country, who had
always been in the forefront of popular movements, together with the committed
writers and intellectuals, found new impetus by following his leadership.
The Dawn of the Movement
The devastating protest of Imam Khomeini against the
American conspiracy known as the "White Revolution,[2]" which
was a step intended to stabilize the foundations of despotic rule and to
reinforce the political, cultural, and economic dependence of Iran on world
imperialism, brought into being a united movement of the people and,
immediately afterwards, a momentous revolution of the Muslim nation in June
1963.[3] Although this
revolution was drowned in blood, in reality it heralded the beginning of the
blossoming of a glorious and massive uprising, which confirmed the central role
of Imam Khomeini as an Islamic leader. Despite his exile from Iran after his protest
against the humiliating law of capitulation (which provided legal immunity for
American advisers), the firm bond between the Imam and the people endured, and
the Muslim nation, particularly committed intellectuals and militant 'ulama', continued their struggle in the face of banishment
and imprisonment, torture and execution.
Throughout this time, the conscious and responsible
segment of society was bringing enlightenment to the people from the
strongholds of the mosques, centers of religious teaching, and universities.
Drawing inspiration from the revolutionary and fertile teachings of Islam, they
began the unrelenting yet fruitful struggle of raising the level of ideological
awareness and revolutionary consciousness of the Muslim people. The despotic
regime which had begun the suppression of the Islamic movement with barbaric
attacks on the Faydiyyah Madrasah,[4] Tehran University,
and all other active centers of revolution, in an effort to evade the
revolutionary anger of the people, resorted to the most savage and brutal
measures. And in these circumstances, execution by firing squads, endurance of
medieval tortures, and long terms of imprisonment were the price our Muslim
nation had to pay to prove its firm resolve to continue the struggle. The
Islamic Revolution of Iran was nurtured by the blood of hundreds of young men
and women, infused with faith, who raised their cries of "Allahu Akbar" at
daybreak in execution yards, or were gunned down by the enemy in streets and
marketplaces. Meanwhile, the continuing declarations and messages of the Imam
that were issued on various occasions, extended and deepened the consciousness
and determination of the Muslim nation to the utmost.
Islamic Government
The plan of
the Islamic government as proposed by Imam Khomeini at the height of the period
of repression and strangulation practiced by the despotic regime, produced a
new specific, and streamline motive for the Muslim people, opening up before
them the true path of Islamic ideological struggle, and giving greater
intensity to the struggle of militant and committed Muslims both within the
country and abroad.
The movement
continued on this course until finally popular dissatisfaction and intense rage
of the public caused by the constantly increasing repression at home, and the
projection of the struggle at the international level after exposure of the
regime by the 'ulama' and militant students, shook
the foundations of the regime violently. The regime and its sponsors were
compelled to decrease the intensity of repression and to "liberalize"
the political atmosphere of the country. This, they imagined, would serve as a
safety valve, which would prevent their eventual downfall. But the people,
aroused, conscious, and resolute under the decisive and unfaltering leadership
of the Imam, embarked on a triumphant, unified, comprehensive, and countrywide
uprising.
The Wrath of the People
The publication of an outrageous article meant to
malign the revered 'ulama' and in particular Imam
Khomeini on 7 Jan 1978 by the ruling
regime accelerated the revolutionary movement and caused an outburst of popular
outrage across the country. The regime attempted to quiet the heat of the
people's anger by drowning the protest and uprising in blood, but the bloodshed
only quickened the pulse rate of the Revolution. The seventh-day and
fortieth-day commemorations of the martyrs of the Revolution, like a series of
steady heartbeats, gave greater vitality, intensity, vigor, and solidarity to
this movement all over the country. In the course of this popular movement, the
employees of all government establishments took an active part in the effort to
overthrow the tyrannical regime by calling a general strike and participating
in street demonstrations. The widespread solidarity of men and women of all
segments of society and of all political and religious factions, played a
clearly determining role in the struggle. Especially the women were actively
and massively present in a most conspicuous manner at all stages of this great
struggle. The common sight of mothers with infants in their arms rushing
towards the scene of battle and in front of the barrels of machine-guns
indicated the essential and decisive role played by this major segment of
society in the struggle.
The Price the Nation Paid
After slightly more than a year of continuous and
unrelenting struggle, the sapling of the evolution, watered by the blood of
more than 60,000 martyrs and 100,000 wounded and disabled,[5] not to mention
property damage, came to bear fruit amidst the cries of "Independence! Freedom!
Islamic government!" This great movement, which attained victory
through reliance upon faith, unity, and the decisiveness of its leadership at
every critical and sensitive juncture, as well as the self-sacrificing spirit
of the people, succeeded in upsetting all the calculations of imperialism and
destroying all its connections and institutions, thereby opening a new chapter
in the history of all-embracing popular revolutions of the world.
On 12 and 13 Feb 1979, the world witnessed the collapse of the
monarchical regime. Domestic tyranny and foreign domination, both of which were
based upon it, were shattered. This great success proved to be the vanguard of
Islamic government -- a long-cherished desire of the Muslim people -- and
brought with it the glad tidings of final victory.
Unanimously, the Iranian people declared their final
and firm decision, in the referendum on the Islamic Republic, to bring about a
new political system, that of the Islamic Republic. A majority of 98.2% of the
people voted for this system. The Constitution of the Islamic Republic of Iran,
setting forth as it does the political, social, cultural, and economic
institutions and their relations that are to exist in society, must now provide
for the consolidation of the foundations of Islamic government, and propose the
plan of a new system of government to be erected on the ruins of the previous
order.
The Form of Government in Islam
In the view of Islam, government does not derive
from the interests of a class, nor does it serve the domination of an
individual or a group. Rather, it represents the fulfillment of the political
ideal of a people who bear a common faith and common outlook, taking an
organized form in order to initiate the process of intellectual and ideological
evolution towards the final goal, i.e., movement towards Allah. Our nation, in
the course of its revolutionary developments, has cleansed itself of the dust
and impurities that accumulated during the past and purged itself of foreign
ideological influences, returning to authentic intellectual standpoints and
world-view of Islam. It now intends to establish an ideal and model society on
the basis of Islamic norms. The mission of the Constitution is to realize the
ideological objectives of the movement and to create conditions conducive to
the development of man in accordance with the noble and universal values of
Islam.
With due attention to the Islamic content of the
Iranian Revolution, 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
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.
With due attention to the essential character of
this great movement, the Constitution guarantees the rejection of all forms of
intellectual and social tyranny and economic monopoly, and aims at entrusting
the destinies of the people to the people themselves in order to break
completely with the system of oppression. (This is in accordance with the
Koranic verse "He removes from them their burdens an the fetters that
were upon them" [7:157]).
In creating, on the basis of ideological outlook,
the political infrastructures and institutions that are the foundation of society,
the righteous will assume the responsibility of governing and administering the
country (in accordance with the Koranic verse "Verily My righteous
servants shall inherit the earth" [21:105]). Legislation setting forth
regulations for the administration of society will revolve around the Koran and
the Sunnah. Accordingly, the exercise of meticulous
and earnest supervision by just, pious, and committed scholars of Islam is an
absolute necessity. In addition, the aim of government is to foster the growth
of man in such a way that he progresses towards the establishment of a Divine
order (in accordance with the Koranic phrase "And toward God is the
journeying" [3 28]); and to create favorable conditions for the
emergence and blossoming of man's innate capacities, so that the theomorphic
dimensions of the human being are manifested (in accordance with the injunction
of the Prophet (S) "Mould yourselves according to the Divine
morality"); this goal cannot be attained without the active and broad
participation of all segments of society in the process of social development.
With due attention to this goal, the Constitution
provides the basis of such participation by all members of society at all
stages of the political decision-making process on which the destiny of the
country depends. In this way during the course of human development towards
perfection, each individual will himself be involved in, and responsible for
the growth, advancement, and leadership of society. Precisely in this lies the
realization of the holy government upon earth (in accordance with the Koranic
verse "And we wish to show favor to those who have been oppressed upon
earth, and to make them leaders and the inheritors." [28:5]).
The Principles of Governance of the Just Holy Person
In keeping with the principles of governance and the perpetual necessity of
leadership, the Constitution provides for the establishment of leadership by a
holy person possessing the necessary qualifications and recognized as leader by
the people (this is in accordance with the saying "The direction of
affairs is in the hands of those who are learned concerning God and are
trustworthy in matters pertaining to what He permits and forbids").
Such leadership will prevent any deviation by the various organs of State from
their essential Islamic duties.
The Economy is a Means, Not an End
In strengthening
the foundations of the economy, the fundamental consideration will be
fulfillment of the material needs of man in the course of his overall growth
and development. This principle contrasts with other economic systems, where
the aim is concentration and accumulation of wealth and maximization of profit.
In materialist schools of thought, the economy represents an end in itself, so
that it comes to be a subversive and corrupting factor in the course of man's
development. In Islam, the economy is a means, and all that is required of a
means is that it should be an efficient factor contributing to the attainment
of the ultimate goal.
From this
viewpoint, the economic program of Islam consists of providing the means needed
for the emergence of the various creative capacities of the human being.
Accordingly, it is the duty of the Islamic government to furnish all citizens
with equal and appropriate opportunities, to provide them with work, and to
satisfy their essential needs, so that the course of their progress may be
assured.
Woman in the Constitution
Through the
creation of Islamic social infrastructures, all the elements of humanity that
served the multifaceted foreign exploitation shall regain their true identity
and human rights. As a part of this process, it is only natural that women
should benefit from a particularly large augmentation of their rights, because
of the greater oppression that they suffered under the old regime.
The family is the
fundamental unit of society and the main center for the growth and edification
of human being. Compatibility with respect to belief and ideal, which provides
the primary basis for man's development and growth, is the main consideration
in the establishment of a family. It is the duty of the Islamic government to
provide the necessary facilities for the attainment of this goal. This view of
the family unit delivers woman from being regarded as an object or instrument
in the service of promoting consumerism and exploitation. Not only does woman
recover thereby her momentous and precious function of motherhood, rearing of
ideologically committed human beings, she also assumes a pioneering social role
and becomes the fellow struggler of man in all vital areas of life. Given the
weighty responsibilities that woman thus assumes, she is accorded in Islam
great value and nobility.
An Ideological Army
In the formation
and equipping of the country's defence forces, due attention must be paid to
faith and ideology as the basic criteria. Accordingly, the Army of the Islamic
Republic of Iran and the Islamic Revolutionary Guards Corps are to be organized
in conformity with this goal, and they will be responsible not only for
guarding and preserving the frontiers of the country, but also for fulfilling
the ideological mission of jihad in God's way; that is, extending the
sovereignty of God's law throughout the world (this is in accordance with the
Koranic verse "Prepare against them whatever force you are able to
muster, and strings of horses, striking fear into the enemy of God and your
enemy, and others besides them" [8:60]).
The Judiciary in
the Constitution
The judiciary is of
vital importance in the context of safeguarding the rights of the people in
accordance with the line followed by the Islamic movement, and the prevention
of deviations within the Islamic nation. Provision has therefore been made for
the creation of a judicial system based on Islamic justice and operated by just
judges with meticulous knowledge of the Islamic laws. This system, because of
its essentially sensitive nature and the need for full ideological conformity,
must be free from every kind of unhealthy relation and connection (this is in
accordance with the Koranic verse "When you judge among the people,
judge with justice" [4:58]).
Executive Power
Considering the particular importance of the
executive power in implementing the laws and ordinances of Islam for the sake
of establishing the rule of just relations over society, and considering, too,
its vital role in paving the way for the attainment of the ultimate goal of
life, the executive power must work toward the creation of an Islamic society.
Consequently, the confinement of the executive power within any kind of complex
and inhibiting system that delays or impedes the attainment of this goal is
rejected by Islam. Therefore, the system of bureaucracy, the result and product
of old forms of government, will be firmly cast away, so that an executive
system that functions efficiently and swiftly in the fulfillment of its
administrative commitments comes into existence.
Mass-Communication Media
The mass-communication media, radio and television,
must serve the diffusion of Islamic culture in pursuit of the evolutionary
course of the Islamic Revolution. To this end, the media should be used as a
forum for healthy encounter of different ideas, but they must strictly refrain
from diffusion and propagation of destructive and anti-Islamic practices.
It is incumbent on all to adhere to the principles
of this Constitution, for it regards as its highest aim the freedom and dignity
of the human race and provides for the growth and development of the human
being. It is also necessary that the Muslim people should participate actively
in the construction of Islamic society by selecting competent and believing
officials and keeping close and constant watch on their performance. They may
then hope for success in building an ideal Islamic society that can be a model
for all people of the world and a witness to its perfection (in accordance with
the Koranic verse "Thus We made you a median community, that you might
be witnesses to men" [2:143]).
Representatives
The Assembly of Experts, composed of representatives
of the people, completed its task of framing the Constitution, on the basis of
the draft proposed by the government as well as all the proposals received from
different groups of the people, in one hundred and seventy-five articles
arranged in twelve chapters, in 1979, and in accordance with the aims and
aspirations set out above, with the hope that this century will witness the
establishment of a universal holy government and the downfall of all others.
Chapter I General Principles
Article 1 [Form of Government]
The form
of government of Iran is that of an Islamic Republic, endorsed by the people of
Iran on the basis of their longstanding belief in the sovereignty of truth and
Koranic justice, in the referendum of 29 and 30 March 1979, through the affirmative
vote of a majority of 98.2% of eligible voters, held after the victorious
Islamic Revolution led by Imam Khomeini.
Article 2 [Foundational Principles]
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 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 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 leadership of the holy persons, possessing necessary qualifications,
exercised on the basis of the Koran and the Sunnah,
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 [State Goals]
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 the 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 defense 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 freedom fighters of the world.
Article 4 [Islamic Principle]
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 wise persons of the Guardian Council are
judges in this matter.
Article 5 [Office of Religious Leader]
During
the occultation of the Wali al-'Asr
(may God hasten his reappearance), the leadership of the Ummah
devolve upon the just and pious person, 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 [Administration of Affairs]
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 [Consultative
Bodies]
(1)
In accordance with the command of the Koran 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.
(2) The nature 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 [Community
Principle]
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 Koranic
verse "The believers, men and women, are guardians of one another; they
enjoin the good and forbid the evil." [9:71])
Article 9 [Independence
Principle]
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 [Family
Principle]
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 [Unity of
Islam Principle]
In accordance with the sacred verse of the
Koran "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 have 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 [Official
Religion]
The official religion of Iran is Islam and
the Twelve Ja'fari school, and this principle will
remain eternally immutable. Other Islamic schools 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
constitute the majority, local regulations, within the bounds of the jurisdiction
of local councils, are to be in accordance with the respective school, without
infringing upon the rights of the followers of other schools.
Article 13 [Recognized
Religious Minorities]
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
[Non-Muslims' Rights]
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
Muslims 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 [Official
Language]
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 [Arabic
Language]
Since the language of the Koran 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 [Official
Calendar]
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 [Official
Flag]
The Official Flag of Iran is composed of green,
white, and red colors, with the special emblem of the Islamic Republic,
together with the State Motto.
Chapter III the Rights of
the People
Article 19 [No
Discrimination, No Privileges]
All people of Iran, whatever the ethnic group
or tribe to which they belong, enjoy equal rights; color, race, language, and
the like, do not bestow any privilege.
Article 20 [Equality
before Law]
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 [Women's
Rights]
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 child-rearing, 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, 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 [Human
Dignity and Rights]
The dignity, life, property, rights,
residence, and occupation of the individual are inviolate, except in cases
sanctioned by law.
Article 23 [Freedom of
Belief]
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 [Freedom of
the Press]
Publications and the press have freedom of expression
except when it is detrimental to the fundamental principles of Islam or the
rights of the public. The details of this exception will be specified by law.
Article 25 [Secrecy of
Communication]
The inspection of letters and the failure to
deliver them, the recording and disclosure of telephone conversations, the
disclosure of telegraphic and telex communications, censorship, or the willful
failure to transmit them, eavesdropping, and all forms of covert investigation
are forbidden, except as provided by law.
Article 26 [Freedom of
Association]
The formation of parties, societies,
political or professional associations, as well as religious societies, whether
Islamic or pertaining to one of the recognized religious minorities, is
permitted provided they do not violate the principles of independence, freedom,
national unity, the criteria of Islam, or the basis of the Islamic Republic. No
one may be prevented from
participating in the aforementioned groups, or be compelled to participate in
them.
Article 27 [Freedom of
Assembly]
Public gatherings and marches may be freely
held, provided arms are not carried and that they are not detrimental to the
fundamental principles of Islam.
Article 28 [Work]
(1)
Everyone has the right to choose any occupation he wishes, if it is not
contrary to Islam and the public interests, and does not infringe the rights of
others.
(2) The government has the duty, with
due consideration of the need of society for different kinds of work, to
provide every citizen with the opportunity to work, and to create equal
conditions for obtaining it.
Article 29 [Welfare
Rights]
(1) To benefit from social security
with respect to retirement, unemployment, old age, disability, absence of a
guardian, and benefits relating to being stranded, accidents, health services,
and medical care and treatment, provided through insurance or other means, is
accepted as a universal right.
(2) The government must provide the
foregoing services and financial support for every individual citizen by drawing,
in accordance with the law, on the national revenues and funds obtained through
public contributions.
Article 30 [Education]
The government must provide all citizens with
free education up to secondary school, and must expand free higher education to
the extent required by the country for attaining self-sufficiency.
Article 31 [Housing]
It is the right of every Iranian individual
and family to possess housing commensurate with his needs. The government must
make land available for the implementation of this article, according priority
to those, whose need is greatest, in particular the rural population and the
workers.
Article 32 [Arrest]
No one may be arrested except by the order
and in accordance with the procedure laid down by law. In case of arrest,
charges with the reasons for accusation must, without delay, be communicated
and explained to the accused in writing, and a provisional dossier must be
forwarded to the competent judicial authorities within a maximum of twenty-four
hours so that the preliminaries to the trial can be completed as swiftly as
possible. The violation of this article will be liable to punishment in
accordance with the law.
Article 33 [Residence]
No one can be banished from his place of
residence, prevented from residing in the place of his choice, or compelled to
reside in a given locality, except in cases provided by law.
Article 34 [Recourse to
the Courts]
It is the indisputable right of every citizen
to seek justice by recourse to competent courts. All citizens have right of
access to such courts, and no one can be barred from courts to which he has a
legal right of recourse.
Article 35 [Right to
Counsel]
Both parties to a lawsuit have the right in
all courts of law to select an attorney, and if they are unable to do so, arrangements
must be made to provide them with legal counsel.
Article 36 [Sentencing]
The passing and execution of a sentence must
be only by a competent court and in accordance with law.
Article 37 [Presumption
of Innocence]
Innocence is to be presumed, and no one is to
be held guilty of a charge unless his or her guilt has been established by a
competent court.
Article 38 [Torture]
All forms of torture for the purpose of
extracting confession or acquiring information are forbidden. Compulsion of
individuals to testify, confess, or take an oath is not permissible; and any
testimony, confession, or oath obtained under duress is devoid of value and
credence. Violation of this article is liable to punishment in accordance with the
law.
Article 39 [Dignity of
Arrested]
All affronts to the dignity and repute of
persons arrested, detained, imprisoned, or banished in accordance with the law,
whatever form they may take, are forbidden and liable to punishment.
Article 40 [Public Interest]
No one is entitled to exercise his rights in
a way injurious to others or detrimental to public interests.
Article 41
[Citizenship]
Iranian citizenship is the indisputable right
of every Iranian, and the government cannot withdraw citizenship from any
Iranian unless he himself requests it or acquires the citizenship of another
country.
Article 42
[Nationalization]
Foreign nationals may acquire Iranian
citizenship within the framework of the laws. Citizenship may be withdrawn from
such persons if another State accepts them as its citizens or if they request
it.
Chapter IV Economy and
Financial Affairs
Article 43 [Principles]
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, content, 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 an 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 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 [Sectors]
(1)
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.
(2) 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.
(3)
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.
(4)
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.
(5)
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.
(6)
The 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]
Public wealth and property, such as
uncultivated or abandoned land, mineral deposits, seas, lakes, rivers and other
public waterways, 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 [Fruits of
Business]
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
Property]
Private ownership, legitimately acquired, is
to be respected. The relevant criteria are determined by law.
Article 48 [Resources
for Regions]
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
[Confiscation]
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
[Preservation of the Environment]
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 [Taxation]
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 [Budget]
The annual budget of the country will be
drawn 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 procedure
prescribed by law.
Article 53 [Central
Treasury]
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 [Accounting
Agency]
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 [Auditing,
Report]
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
Article 56 [Divine
Right of Sovereignty]
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 [Separation
of Powers]
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 religious Leader and
the Leadership of the Ummah, in accordance with the
forthcoming articles of this Constitution. These powers are independent of each
other.
Article 58
[Legislature]
The functions 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 [Mandatory
Referendum]
In extremely important economic, political,
social, and cultural matters, the functions 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 [Executive]
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 [Judiciary]
The functions 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.
Chapter VI the
Legislative Powers
Section 1 the Islamic
Consultative Assembly
Article 62 [Election]
(1)
The Islamic Consultative Assembly is constituted by the representatives of the
people elected directly and by secret ballot.
(2)
The qualifications of voters and candidates, as well as the nature of election,
will be specified by law.
Article 63 [Term]
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 [270 Members, Religious Representatives]
(1) 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.
(2)
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.
(3) The delimitation of the election
constituencies and the number of representatives will be determined by law.
Article 65 [Quorum, Code of Procedure]
(1) After the holding of elections,
sessions of the Islamic Consultative Assembly are considered legally valid when
two-thirds of the total numbers 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.
(2)
The consent of two-thirds of all members present is necessary for the approval
of the code of procedure of the Assembly.
Article 66 [Rules of Procedure]
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 [Oath]
(1) 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 Koran, 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."
(2) Members belonging to the
religious minorities will swear by their own sacred books while taking this
oath.
(3) Members not
attending the first session will perform the ceremony of taking the oath at the
first session they attend.
Article 68 [Suspended Elections during Wartime]
In time of war and the military occupation of
the country, elections due to be held in occupied areas or countrywide may be
suspended 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 [Publicity, Closed Sessions]
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 [Government Attendance]
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. Whenever they request it, their statements are to be heard.
Section 2 Powers and Authority of the Islamic Consultative
Assembly
Article 71 [Legislation]
The Islamic
Consultative Assembly can establish laws on all matters, within the limits of
its competence as laid down in the Constitution.
Article 72 [Limits]
The Islamic
Consultative Assembly cannot enact laws contrary to 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 [Interpretation of Laws]
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 [Bills]
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 [Spending Bills]
Members'
bills and proposals and amendments to government 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 [Investigation]
The Islamic
Consultative Assembly has the right to investigate and examine all the affairs
of the country.
Article 77 [Treaties]
International
treaties, protocols, contracts, and agreements must be approved by the Islamic
Consultative Assembly.
Article 78 [Boundary Laws]
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 [Martial Law, Temporary
Restrictions]
The proclamation
of martial law is forbidden. In case of war or emergency conditions comparable
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 [Aid]
The taking and
giving of governmental loans or grants-in-aid, domestic and foreign, must be
approved by the Islamic Consultative Assembly.
Article 81 [Foreign Business]
The granting
of concessions to foreigners or the formation of companies or institutions
dealing with commerce, industry, agriculture, service, or mineral extraction,
is absolutely forbidden.
Article 82 [Foreign Experts]
The
employment of foreign experts is forbidden, except in cases of necessity and
with the approval of the Islamic Consultative Assembly.
Article 83 [Property of National
Heritage]
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 [Responsibility]
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 [Delegated Legislation]
(1) 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.
(2) 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 or with 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 [Independence, Indemnity]
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 [Vote of Confidence]
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 [Questioning Government]
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 [Interpellation]
(1) Members of the Islamic Consultative Assembly
can interpellate the Council of Ministers or an
individual Minister in instances they deem necessary. Interpellations can be
tabled if they bear the signatures of at least ten members.
The Council of Ministers or interpellated Minister must be present in the Assembly
within ten days after the tabling of the interpellation 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
interpellation 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 interpellation is dismissed. In both cases, the
Ministers subject to interpellation 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 interpellate
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
interpellation 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 Article 110 (10).
Article 90 [Complaints, Petitions]
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 [Guardian Council]
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 religious men, 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 [Term]
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 [Mandatory Formation]
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 [Review of Legislation]
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 [Extended Review]
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 [Majority]
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 religious men 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 [Attendance in
Parliament]
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 [Authoritative Interpretation]
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 [Supervision of
Elections]
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,<
