{
Adopted on: 24 Oct 1979 }
{ Effective since: 3 Dec 1979
}
{ Amended on: 28 July 1989 }
{ ICL Document Status: 1992 }
{ Editor's Note
The original raw text is based
on a translation provided by the
Iranian embassy in London. It
has been extensively changed in
1994 and 1995 to adapt it to ICL
standards. }
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 Khumayni,
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
Khumayni against the American
conspiracy known as the "White
Revolution," 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. 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 Khumayni 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,
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 Khumayni 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
Khumayni 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, 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.