DAILY REPORT MIDDLE EAST & NORTH AFRICA CONSTITUTION OF THE ISLAMIC REPUBLIC OF IRAN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP09-00438R000100260001-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 47
• Document Creation Date: December 27, 2016
• Document Release Date: July 24, 2013
• Sequence Number: 1
• Publication Date: December 6, 1979
• Content Type: REPORT

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FBIS-MEA-79-236
Thursday
6 December 1979
Vol V No 236 Supp 034
FBIS
Supplement
Daily Re ort
MIDDLE EAST &
NORTH AFRICA
CONSTITUTION OF THE ISLAMIC REPUBLIC OF IRAN
FOREIGN BROADCAST INFORMATION SERVICE
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CONSTITUTION OF THE ISLAMIC REPUBLIC OF IRAN
WA010001 Tehran KEYHAN in Persian 17 Nov 79 pp 1-4 WA
[Text] In the name of God, the compassionate, the merciful.
We sent aforetime our apostles with clear signs
And sent down with them the Book and balance that
men may, stand forth in justice. [quote from the Koran]
Introduction
The Constitution of the Islamic Republic of Iran explains the cultural,
social, political, and economic institutions of the community of Iran
based on Islamic principles and standards which are a reflection of the
heartfelt desires of the Islamic community. The essence of the great
Islamic Revolution of Iran and the process of the struggle of the Muslim
people from the beginning to victory which was 'crystallized in the explicit
and striking slogans of all classes of the people were characterized by this
basic desire, and now our nation, with all its being, is in the vanguard of
this great victory seeking to achieve this desire.
The special founding nature of this revolution vis-a-vis other movements
in Iran in the last century, both the religious school [mektebi] and
Islamic, is that the Muslim people of Iran, after experiencing an anti-
despotic constitutional movement and an anticolonialist movement nation-
alizing the oil, have acquired valuable experience showing that the main
cause and lack of success of these religious school movements was the
absence of struggles.
Although in the recent movements, Islamic ideology and the leadership of the
fighting clergy played the main and basic roles, nevertheless these move-
ments quickly headed toward stagnation because their struggles departed
from the noble principles of Islam. Now since the awakening of the people
to the exalted and exemplary leadership of his great eminence, the Ayatollah
Imam Khomeyni, the urgent need to follow the line of the noble philosophic
and Islamic movement has been recognized. And this time the country's
struggling clergy who were always in the front rank of the people's move-
ment, as well as writers and intellectuals, have found new impetus by follow-
ing his leadership. (The latest movement in Iran began in the Hegira lunar
year of 1382 which corresponds to the Hegira solar year of 1341) [1341 is
1963 A.D.]
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The Vanguard of the Revolution
The protest of the smashing of Imam Khomeyni in connection with the
American plot, "The White Revolution," which was a ploy to stabilize the
foundations of the colonialist government and strengthen Iran's political,
cultural, and economic ties with world imperialism was the cause of the
monolithic movement of the nation and afterward of the great and bloody
Islamic revolution in June 1963 which in truth was the starting point of
the blossoming of this glorious and widespread uprising which established
and confirmed the centrality of the Imam Khomeyni as the Islamic leader.
Despite his absence from Iran after the protest to the shameful law of
capitulation (immunity of American citizens), the strong ties of the nation
with the imam became perpetual, and the Muslim nation, especially the dedi-
cated intellectuals and fighting clergy in banishment or prison were under-
going continuing torture and execution.
In these circumstances, the aware and responsible elements of society were
engaging in soul-searching in the strongholds of the mosques, the seminaries
of religious scholars and universities. And with the inspiration of the
revolutionary school and the fruit of Islam, they began the relentless
and fruitful struggle of raising the level of combative and religious
school awareness and vigilance of the Muslim nation. The colonialist
regime that crushed the Islamic movement with the ferocious attack on the
Fezieh University, as well as all the vociferous clubs which started the
revolution took the most murderous measures to quell the revolutionary
rage of the people. And in these circumstances, firing squads, widespread
tortures, and long imprisonments were the price our Muslim nation paid to
show its resolve to continue the struggle. The blood of hundreds of young
men and women flowed in the execution yards at dawn as they shouted "Allah
Akbar." Or they were hit by bullets in the sidestreets or bazaars as they
furthered the Islamic Revolution of Iran, distribufed the-peeSistent state-
ments and messages of the imam on various occasions, and proclaimed the
resolution of the Islamic nation ever wider and deeper.
Islamic Government
The plan of the Islamic government is based on religious authority which
was introduced by Imam Khomeyni at the height of the-satrangutatiorr and-
suffocation on the part of the colonialist regime and created the new
characteristic motivation of the Muslim people and widened the noble path
of the struggle of the school of Islam which, in turn, expedited the struggle
of the dedicated Muslim fighters both inside and outside the country.
It is in this line that the movement continued until finally the strong
dissatisfaction and rage of the people, due to daily increasing pressure
and strangulation inside the country, caused the struggle to be taken up
by the fighting clergy and students on the worldwide level that strongly
shook the rule of the regime and forced it to reduce its pressure and
strangulation. [paragraph continues]
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It forced the regime, so to speak, to open the political field inside the
country until it thought the degree of safety had been achieved to prevent
the certain fall of the regime. However, the nation which was excited,
aware, and resolute in the unwavering and undauntable leadership of the
imam rose victoriously and unanimously on all sides.
The rage of the people: Publication of the letter insulting the holiness
of the clergy, especially Imam Khomeyni on 7 January 1977 by the regime
hastened this movement and caused the rage of the people to explode all
across the country. In order to control the spreading of the people's
rage the regime tried to suppress this protest uprising by shedding
blood, but this only quickened the blood in the veins of the revolution and
the tempo of the revolution in the coming weeks and the 40-day commemora-
tions of martyrs and increased the fervor and solidarity of this movement
all across the country. It also perpetuated the movement of the people in
all the country's organizations by means of a general strike and participa-
tion in street demonstrations to bring down the colonialist regime as well
as encouraging active participation and widespread solidarity of both men
and women from all classes and religious and political groups in this
struggle in a striking fashion. Women in particular joined actively in
this great and widespread holy war. In particular, mothers holding children
rushed into the squares in front of machineguns. They were a large and
determining societal group in this struggle.
The Price the Nation Paid
After one year the outburst of the revolution and persistent struggle cost
more than 60,000 martyrs, hundreds of wounded and injured, as well as
billions of tomans in property damage to the champions of independence,
freedom, and Islamic government. And this great movement which offered
security, unity, and certainty stirred feelings and excitement which led
to victory and success in smashing all the calculations, dealings, and
arrangements of imperialism so that, in turn, the new high season of peoples'
revolutions was ushered into the world.
The 10th and 11th of February 1979, the days when the shah's establishment
fled and the domestic despotism and the foreign intermediaries based on it
were defeated, were also the days when the glad tidings of the great final
victory of the Islamic government, long sought by the Muslim people, came.
As one man, the Iranian nation, with the inspiration and teaching of Islam
and its leadership in matters of the Islamic republic, made their final
and definite decision to create the new order of the Islamic republic and
proclaimed it in Order 97/2.
At present, the Constitution of the Islamic Republic of Iran, which is the
proclamation of all the political, social, cultural and economic ideals and
relations of our society, should be the guide to solidify the bases of the
Islamic government and the new framework and plan of the order of government
to replace the ruins of the previous order of the idolators.
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Style of Government in Islam
From the viewpoint of Islam, the government does not arise from the notion
of classes and mediation among persons or groups but is a crystallization
of political idealism based on religious community and concord which pro-
vide its organization--which through the process of ideological transfor-
mation turns its path toward the final goal (movement toward God). Our
nation which during its revolutionary experience was cleansed of the mist
and corrosion of the idolators and foreign ideological influences returned
to the noble worldview of Islam. And now it is on that basis that it is
building its model (equal) society with Islamic norms, principles, and
mission as its constitution which reflects the beliefs of the movements
and the conditions and values found in Islam.
In regard to the Islamic contents of the Iranian Revolution which was a
movement for the victory of all oppressed people over the arrogant, the
Constitution provides the basis for trying to perpetuate this revolution
both at home and abroad. This is especially so with regard to expanding
international relations with other Islamic movements and people to pave.?:
the way to form the world unity of followers (Your community is onecom--'
munity, and I am your lord whom you are to worship) and to perpetuatilig,
the struggle to save the deprived nations under tyranny throughout the'''
world.
Regarding the character of this great movement, the Constitution guaran-
tees help to abolish any kind of ideological, social, or economic despotism
and provide the way to break the system of despotism by entrusting the fate
of the people to their own hands. (He releases them from their heavy bur-
dens and yokes which are on them.)
In creating the political positions and foundations for shaping society On'
the basis of interpretation of the Book, the pious men became responsible
for ruling and administering the nation. (The earth will be inherited by
my pious followers.) And the legislation that will make norms to adminis-
ter society will be based on the Koran. Therefore, careful and serious
views are urgently needed in the field of Islamic justice, piety, and
obligations (just jurists), that is, since the purpose of sovereignty is
to make people grow toward the divine order. Until the ground-has-been
prepared and the talents have blossomed to glorify the dimensions of God's
ways and have become known to the people (To emulate God's morality), this
cannot be active participation and involvement by all social elements in
the process of transforming society.
Regarding this subject, the Constitution provides for such participation
by all circles in decisionmaking in determining the fate of all persons in
society in order to perfect every person. The responsibility for growth and
advancement belongs to the leadership which will have all the rights to
govern the oppressed. (And we wish to be gracious to those who were being
depressed in the land, to make them leaders in faith and heirs.)
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The Responsibility of the Just Jurist
So as to assure the permanent security of the Constitution, the rights of
clerical leadership is under all conditions to be the leadership recog-
nized by the people. (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 per-
mits and forbids.)
The just jurist is equipped to insure that the various organizations do
not deviate from their true Islamic duties.
Economy, a Means Not an End
In strengthening the economic structures, the basis is the people's need
for growth and perfection, not anything else in the economic order such as
concentration of wealth and profiteering. In materialistic schools the
economy is its own goal and, for this reason, in cycles of growth, the
economy is a factor of destruction, corruption, and decay. However, in
Islam, the economy is a means intended to be a part of the work of improve-
ment--and the means cannot become the end.
From this viewpoint, the Islamic economic program is to provide a suitable
field for creativity of human diversity and, in this res-ect, p--
equal opportunities to create work for all persons and to satisfy tile
need to perpetuate the movement to perfection according to Islamic rule.
Women in the Constitution
In creating Islamic social foundations, all the human forces that had up to
now been in the service of foreign exploitation will be accorded their
basic identity and human rights. And in this regard it is natural that
women, due to the greater oppression that they have borne under the
idolatrous order, will enjoy more rights.
The family unit is the foundation of society and the main institution for
the growth and advancement of mankind. ? Agreement of faith and ideals in
forming the family which is the basic organ in the national perfection and
growth movement is the main foundation which provides the potential for
achieving these goals. It is the principal duty of the Islamic government
to regard women as the unifying factor of the family unit and its position.
They are a factor in bringing the family out of the service of propagating
consumerism and exploitation and renewing the vital and valuable duty of
motherhood in raising educated human beings to take their part in the vari-
ous fields of active life. As a result, motherhood is accepted as a most
profound responsibility in the Muslim viewpoint and will, therefore, be
accorded the highest value and generosity.
Army of the Book
In organizing and equipping the country's defense forces, attention should
be paid to the fact that faith and the Book are the norms. [paragraph
continues]
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Therefore, in conformity with this goal, the Islamic Republican Army and
the Revolution Guards Corps will be responsible not only for defending
the borders, but also for the mission stated in the Book, of holy war in
the way of God and fighting to expand the rule 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 besides.)
The Judiciary in the Constitution
The question of the judiciary with respect to guarding the people's rights
in line with the Islamic movement for the purpose of preventing deviation
within the Islamic community is a vital matter. In this regard, the crea-
tion of a judicial system based on Islamic justice and consisting of just
judges who are acquainted with precise religious norms must be provided
for. Because of the fundamental sensitivity and precision of this system
in the Book, it is necessary that it be removed from any unsound relation-
ships and connections. (And when you judge between man and man, judge with
justice.)
Executive Power
Due to its special importance with regard to enforcing Islamic orders and
regulations for the purpose of achieving just relations in ruling society
and the urgency that this vital function will have in building the founda-
tions leading to the final goal, the executive power must open the way for
creation of an Islamic society. As a result, it must be surrounded by all
kinds of rules and mores that will lead to this goal or that would be use-
ful from the Islamic viewpoint. To this end, the bureaucratic system that
was the basis of the idolatrous rule will be abolished in order for the
executive system to be put into practice with ever more and faster efforts
to implement administrative obligations.
Public Relations Media
Public relations media (radio and television) should be used for perfect-
ing the Islamic Revolution and in serving to propagate Islamic culture. In
this matter they should promote healthy exchanges of ynrious ideas and
strictly refrain from propagating and spreading harmful and antirevolution-
ary notions.
In light of the legal principles that regard freedom and human dignity as
the main points of their aims, and which posit the road of development and
perfection of the individual as the responsibility of all, it is necessary
that the Islamic community elect wise and pious managers with firm views.
They will serve actively to build the Islamic society with the hope that
in building the ideal Islamic society they will be able to show the example
of martyrdom and self-sacrifice to the people of the world. (Thus, we
appointed you a central nation that you might be witnesses to the people.)
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Representatives
The Assembly of Experts which is composed of representatives of the people,
formulated the Constitution on the basis of studying a draft of the propos-
als of the government and all the suggestions made by various groups of
people. The Constitution is composed of 12 chapters which contain 175
articles. It was completed on the eve of the 15th century of the advent
of the great Prophet of God and the anniversary of the redemptive school
of Islam, with the goals and motives described above and in the hope that
this century will be the century of a world rule by the heretofore oppressed
and the complete defeat of the arrogant.
Postscripts:
Several verses and quotations are cited below as examples of the documents
used as basic principles of the Constitution.
Law
Right is not due to one unless he is governed by it, and it is not applied
to anyone to whom it is not applicable.
Human Rights
They are of two types: Either your brothers in religion or your peers in
morality, immune from wrongdoing and judges of weaknesses.
Helping the Oppressed
Be an enemy to the oppressor and a friend to the oppressed. (The Way of
Eloquence)
Brotherly Unity
1. 0 ye people, we have created you from a male and a female, and have
made you into peoples and tribes that ye might know one another.
2. The noblest of you in the sight of God is he who is most righteous.
(The Surah of the Inner Apartments)
3. 0 ye people, since your Lord is one, and since your Father is one,
there is no preference for Arab above alien, nor for alien above Arab, nor
for black above red, nor for red above black, except in righteousness.
(Sayings of the Prophet)
The Possibility of Public Pleading
And convoke a general council for them. ?A nation will never be blessed
in which the right of the weak is not taken for him from the strong who
is heedless. (The Way of Eloquence)
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Liberties
Be not the slave of another, for God hath created thee free.
Do No Harm
There is no oppression and no oppressor in Islam. (Sayings of the Prophet)
Follow What Is Best
Then proclaim the news to My servants, those who hear the word and follow
what is best in it. (The Surah of the Crowds, verse 18)
Trustworthiness and Justice
1. God commands you to repay what you hold in trust to those to whom it
is due, and, when ye judge among people, to do so with justice. (The Surah
of the Women, verse 58)
2.. God commands justice and doing good. (The Surah of the Bee, verse 90)
3. That men may stand forth in justice. (The Surah of Iron, verse 25)
4. Stand forth for justice as witness for God, even against your own selves
or your parents and your kin. (The Surah of the Women, verse 135)
5. Let not the hatred of others toward you cause you to do injustice. Be
ye just, for justice is next to piety. (The Surah of the Table, verse 9)
Equality
1. In the law of equality there is life for you, 0 ye men of understanding.
(The Surah of the Cow, verse 179)
2. Should anyone attack you, then attack ye him even as he has done unto
you. (The Surah of the Cow, verse 194)
Take Away Difficulty, Obstacles, and Restraints
1. God intends facility for you, and does not want to send you difficulty.
(The Surah of the Cow, verse 185)
2. Nor has He imposed any restraint on you in religion. (The Surah of the
Pilgrimage, verse 78)
3. God does not wish to impose restraint on you. (The Surah of the Table,
verse 6)
4. But if one is forced by necessity, without willful disobedience, not
transgressing due limits, then he is guiltless. (The Surah of the Cow,
verse 173)
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Enjoining What Is Acceptable
1. The men and women who believe help one another; they enjoin whatever
is acceptable and forbid whatever is abominable. (The Surah of Repentance,
verse 71)
2. Let there arise from among you a people who will call for righteousness,
who will enjoin whatever is acceptable and forbid whatever is abominable.
(The Surah of Al 'Imran, verse 104
The Special Qualities of Leadership
1. Is not He, then, who shows the way to truth more worthy to be followed
than he who does not show the way unless it is shown to him? (The Surah of
Jonah, verse 35)
2. God has chosen him above you and has imbued him abundantly with knowl-
edge and strength. (The Surah of the Cow, verse 247)
3. God has given it to the imams of justice to appoint
weakness of the people. (The Way of Eloquence)
themselves by the
4. The courses of affairs are in the hands of the religious scholars, whose
office it is to say what is permissible and what is forbidden. (The Gift
of Intellects)
5. It is not fitting that the one who has power over the [word illegible]
the blood, the spoils, the judgments, and the imamate of the Muslims be an
avaricious man, for his desire would be in their wealth; nor an ignorant man,
for he would lead them astray with his ignorance; nor a brutish man, for he
would cut them to pieces with his brutishness; nor a man who fears nations,
for he would favor one people above another; nor a man who is venal in
judgment, for he would go forward and stop with rights, disregarding the
divisions; nor a man who sets the Sunnah at nought, for he would bring the
nation to destruction. (The Way of Eloquence)
6. Your labor is not a morsel for you to taste, but a trust for you to
wear about your neck. (The Way of Eloquence)
7. In the sight of God, the most desirable of His worshipers is a just
imam who has been guided and who guides, and therefore He has established
a clear Sunnah and suppressed dark heresies. (The Way of Eloquence)
The Essence of Obedience
1. Those who transgress the limits of God are the oppressors. (The Surah
of the Cow)
2. There is no obedience in a creature who disobeys his Creator.
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The Army a Source of Strength
1. 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, your own enemies, and others whom ye may not know. (The Surah of
the SpaiIsof War, verse 60)
2. For the soldiers, by the grace of God, are ?the protectors of the people,
the pride of the rulers, the glory of the faith, and the ways to safety,
and the people cannot be established except with them. (The Way of
Eloquence)
Consultation
1. Consult them in the matter. (The Surah of the Family of 'Imran, verse 3)
2. Their affair being consultation among themselves. (The Surah of Con-
sultation, verse 38)
3. He who keeps stubbornly to his own opinion perishes, but he who consults
others shares in their wisdom. (The Way of Eloquence)
Free Instruction
Do not take a fee for instruction. (Imam Sadiq')
Property
1. Do not give to foolish men the property which God has made to be a
means of support. (The Surah of the Women, verse 5)
2. 0 ye who believe! Eat not up your property among yourselves in vanities,
but let there be trade among you by mutual consent. (The Surah of the
Women, verse 29)
Common Property
1. It is He who hath created for you all things that are-on earth--(The
Surah of the Cow, verse 29)
2. 0 ye people! 'Eat of what is on earth that which is lawful and good.
(The Surah of Repentance, verse 71)
3. The earth is God's, to give as a heritage to such of His servants as
He pleaseth. (The Surah of the Heights, verse 128)
4. They ask thee about the Sp(5:8 of war. Say, "The spoils are for God
and His Prophet." (The Surah of the Spoils of War, verse 1)
5. The people are sharers in three things: water, fire, and grass.
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6. Thee and the monopolization of what is for all of the people equally.
(The Way of Eloquence)
7. This property is neither for me nor for thee, but is a spoil for the
Muslims and the clamor of their swords. Hadst thou partaken in their
warfare, the same fortune would have been for thee, but since thou hast
not, the fruits of their efforts shall be for no mouths but theirs.
The Behavior of Non-Muslims
God does not forbid you to vindicate and to deal justly with those who
have not fought against you in religion or driven you out of your homes,
for He loves those who deal justly. (The Surah of the Woman To Be
Examined, verse 8)
In the name of God, the clement and the merciful.
Chapter I
General Principles
Principle 1:
The Government of Iran is an Islamic Republic, endorsed by the Iranian
nation by an affirmative vote of 98.2 percent of the majority of eligible
voters, in a referendum held on the 10th and 11th of Farvardin, of the
year 1358 Hijri Shamsi [solar year], coinciding with 1st and 2d of Jamadi-
ol-Avval, of the year 1399 Hijri Qamari [lunar year] based on its ancient
belief in the administration of truth and justice of the Koran, following
its victorious Islamic Revolution, under the leadership of the high
exalted religious authority, the Great Ayatollah Imam Khomeyni.
Principle 2:
The Islamic Republic is a system based on the belief in:
1. One and only God (There is no God but God); appropriation to Him the
faculty to rule and implement the divine law, and the necessity to obey His
orders.
2. Divine inspiration and its fundamental role in the interpretation of
laws.
3. Resurrection and its constructive role in the evolutionary course lead-
ing mankind toward God.
4. God's justice in creation and divine laws.
5. Religious leadership and continuous guidance, and its fundamental role
in the permanency of Islam's Revolution.
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6. Compassion and the high value of human beings, and freedom coupled
with a sense of responsibility before God.
These aims are to be achieved by:
a) Efforts exerted on a continuous basis by clerical jurists meeting all
requirements, based on the Book and traditions of the impeccables [the
Prophet, his daughter, and the 12 imams], may God's blessings be upon them.
b) Utilization of human advanced scientific and technical means and exper-
iences, and efforts to improve them.
c) Negation of all kinds of oppression, tolerance of oppression, dominance
and acceptance of dominance.
These concepts will secure justice, as well as political, economic, social
and cultural independence, and national interdependence.
Principle 3:
The Islamic Republican Government of Iran will be charged with the duty of
putting into effect, with all existing possibilities, the following means
and methods, in order to attain the goals mentioned in Principle 2:
1. Creation of a favorable environment for the development of moral virtues,
based on faith, piety, and waging struggle against all kinds and symptoms
of corruption and vice.
2. Raising the level of the general knowledge of the public in all fields,
by a correct use of the press, the mass media and other means.
3. Free education and physical training at all levels, and creation of
facilities for the generalization of higher education.
4. Strengthening the spirit and zeal for research and initiative power in
all fields, i.e., scientific, technical, cultural and Islamic, by means of
establishing research centers, and encouraging researchers.
5. Complete expulsion of colonialism, and prevention of foreign influence.
6. Elimination of all kinds of despotism, autocracy and monopolism.
7. Securing and safeguarding of political and social freedoms within the
limits of law.
8. Participation of all the people in determining their political,
economic, social and cultural destiny.
9. Elimination of inadmissible discriminations, and creation of fair'
possibilities for all, in all financial and moral fields and affairs-.
10. Creation of a correct administrative system, and elimination of unneces-
sary organizations.
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11. Complete reinforcement of the foundations of -national de y
of public military training, for the preservation and safeguarding of the
independence, territorial integrity and Islamic system of the country.
12. Laying the groundwork for a sound and just economy, based on Islamic
regulations, aimed at creating comfort, elimination of poverty and all
kinds of deprivations dealing with food, housing, jobs, hygiene, and
generalization of social insurances.
13. Securing of self-sufficiency in scientific, technical, industrial,
agricultural and military affairs, and the like.
14. Securing of the rights of the people on an all-out basis, men and women
alike; creation of judicial security for all based on justice, and equality
of all before the law.
15. Expansion and strengthening of Islamic brotherhood and public coopera-
tion among all of the people.
16. Adoption of a foreign policy based on Islamic standards and criteria;
brotherly commitment to all Muslims, and unsparing support to the under-
privileged and oppressed peoples of the world.
Principle 4:
All civil, penal, financial, economic, administrative, cultural,
political, etc., laws and regulations should be based on Islamic rules and
standards. This principle will absolutely or in general be dominant over
all of the principles of the Constitution, and other laws and regulations
as well, and any determination in this connection will be made by the reli-
gious jurists of the Council of Guardians.
absence of the Glorious Lord of the Age [the missing 12th imam
of the Shilite sect], may God grant him relief he will be represented in the
Islamic Republic of Iran as religious leader(anOimam of the people by an
honest, virtuous, well-informed, courageous, efficient administrator and
?religious jurist, enjoying the confidence of the majority of the people as
a leader. Should there be no jurist endowed with such qualifications, enjoy-
ing the confidence of the majority of the 'people, his role will be under-
taken by a leader or council Of leaders, consisting of religious jurists
meeting the requirements mentioned above, according to Principle 107.
Principle 6:
The affairs of the country should be administered in the Islamic Republic
of Iran by relying upon public opinion, expressed through elections, i.e.
election of the president of the republic, deputies of the National Assembly,
members of councils, and the like, or by plebiscite, anticipated for cases
specified in other principles of this Constitution.
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Principle 7:
According to the instructions of the holy Koran, consultations should be
held in all affairs, and therefore the National Assembly, the Provincial
Council, urban, city, local, rural councils and the like are considered
to be organs where decisions should be made for the administration of the
affairs of the country.
The occasions, formation, limits of rights and powers, as well as the func-
tions of the councils will be specified and defined by this law and other
laws emanating from it.
Principle 8:
In the Islamic Republic of Iran an invitation for accomplishing good deeds,
a positive command and prohibition of doing evil are concepts to be adopted
by all the people, and is in the meantime a mutual undertaking to be observed
and implemented by the government toward the people, and by the people toward
the government. Conditions, limits and quality will be specified by law.
Principle 9:
In the Islamic Republic of Iran, freedom, independence, unity and the terri-
torial integrity of the country are inseparable from each other and their
preservation and safeguarding is the duty of the government and the people.
No individual, or group, or authority has the right to harm even slightly
the political, cultural, economic, military and territorial independence
of Iran by exploiting the name of freedom, and no authority will have the
right to eliminate legal freedoms, even by enacting rules and regulations
on the excuse of preserving the independence and territorial integrity of
the country.
Principle 10:
The family being the fundamental unit of the Islamic society, all regulations,
rules and planning for its comfort and preservation of its holiness and the
stability of family relationships should be based on Islamic standards and
moral concepts.
Principle 11:
According to the Koran, all Muslims are of the same and one single religious
community, and the Islamic Republican Government of Iran is bound to base
Its general policies on the coalition and unity of the Islamic nations, and
it should exert continuous efforts in order to realize the political,
economic and cultural unity of the Islamic world.
Principle 12:
The Official religion of Iran is Islam, and the sect followed is Twelver
Shi'ion(Ithna'Ashari). This principle is never subject to change.
[paragraph continuesj
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Other Islamic denominations also, such as 1_,.naLl, Saafifi, Mai,? ii
and Zaydi, enjoy complete respect. The followers of these sects are free
to perform their religious rites, based on their religious jurisprudence.
They are also officially recognized as such in the courts, in connection
with lawsuits dealing with religious teachings and personal affairs (such
as marriage, divorce, hereditary disputes, wills, etc). In any area where
the majority of the population should consist of the followers of any of
these sects, local regulations within the power possessed by the councils
will be based on the regulations of that denomination.
Principle 13:
The Iranian Zoroastrians, Jews and Christians are the only recognized
minorities, who, within the limits of the law, are free to perform their
religious rites and ceremonies, and will act in personal matters and reli-
gious teachings in accordance with their religious regulations.
Principle 14:
According to the Koran, the Islamic Republican Government of Iran and ?the
Muslims as well are bound to treat non-Muslims with good moral conduct
and Islamic justice, and to observe their fundamental rights. This prin-
ciple will be applicable to those who do not get involved 4: an:' - ?
activities and in conspiracies hatched against the Islamic Republic or
Iran.
Chapter II
The Official Language, Script, Calendar and Flag of the Country
Principle 15:
The official and common language and script of the people of Iran is
Persian [Farsi]. Official documents, correspondence and statements, as well
as textbooks, must be in this language and script. However, the use of
local and natibnality languages in their press and mass media is allowed
The teaching of their literature in their schools, along with Persian
language instructions is also permitted.
Principle 16:
The language of the Koran and Islamic studies and instructions are in Arabic,
and Arabic totally permeates Persian literature. Therefore, Arabic must be
taught in all classes and fields of study beginning with the completion of
elementary school to the conclusion of secondary school.
Principle 17:
The origin of the official calendar of the country is the journey [Hijran]
of the Prophet of Islam (May God's Greetings and Blessings Be Upon Him).
Hijri solar and Hijri lunar calendars are both recognized. However, the
government bases its operations on the Hijri solar calendar. The official
weekly day of rest is Friday.
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Principle 18: The official flag of Iran is comprised of green, white and
red colors with the specific insignia of the Islamic Republic and the words
"God Is Great."
Chapter III
National Rights
Principle 19:
The people of Iran regardless of ethnic and tribal origin enjoy equal rights.
Color, race, language and the like will not be cause for privilege.
Principle 20:
All citizens of the nation, whether men or women, are equally protected by
the law. They also enjoy human, political, economic and cultural rights
according to Islamic standards.
Principle 21:
The government is responsible for guaranteeing the rights of women in all
areas according to Islamic standards and mustprovide the following:
1. The creation of favorable environments for personal growth and restoring
her material and intellectual rights.
2. Protection of mothers, especially during pregnancy and child rearing
period, as well as the protection of orphans.
3. The formation of qualified courts for the protection of relatives and
preservation of the family unit.
4. Creation of a special insurance for widows, old women and destitute
women.
5. Granting of guardianship to worthy mothers, to avoid envy, and in the
absence of a lawful guardian.
Principle 22:
Reputation, life, property, rights, dwelling and vocation of individuals
are immune from trespassing except in circumstances prescribed by law.
Principle 23:
Interrogation of people for their beliefs is forbidden. No one can be
attacked or reprimanded for holding certain beliefs.
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Principle 24:
Publications and the press are free in the expression of topics unless it
is contrary to Islamic precepts or public rights. The law will provide
the details.
Principle 25:
Inspection and failing to deliver letters, retention and divulging telephone
conversations, revealing telegraph and telex messages, censoring, refusing to
communicate messages, tapping and investigating is forbidden, unless ordered
by law.
Principle 26:
The formation of parties, groups, and political and professional associa-
tions, as well as Islamic or recognized minority religious associations is
free, provided they do not harm the principles of freedom, sovereignty,
national unity, Islamic standards and the foundation of the Islamic Republic.
No one may be prevented from joining these groups or be forced to join any
one of them.
Principle 27:
Unarmed assemblies and marches are permitted provided they do not violate
the precepts of Islam.
Principle 28:
Every person has the right to choose the profession he wishes, provided it
is not in contravention of Islam, public interest and the rights of others.
It is the responsibility of the government to consider the needs of the
society for diversified occupations. It must create, for all individuals,
the possibility of employment and equal opportunities for obtaining it.
Principle 29:
The right to enjoy social security benefits, such as those for retirement,
unemployment, old age, disability, lack of support, being stranded, as well
as circumstances which create the need for medical services, treatment and
professional care, through insurance, etc. is a public right.
The government must, according to law, utilize national revenues and income
obtained from individual contributions and provide the aforementioned
services and financial support for every individual in the country.
Principle 30:
It is the responsibility of the government to provide free educational
and training means for all through high school and also develop means within
acceptable limits for free higher education.
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Principle 31:
A suitable dwelling, according to need, is the right of every Iranian
person and family. The government is responsible for providing this, on
a priority basis, to those who need it the most, in particular the peasants
and agricultural workers.
Principle 32:
No one may be arrested except in accordance 14ith and by the manner prescribed
by law. Once an arrest has been made, the nature of the accusation and the
reasons for the actions taken must be immediately communicated and explained
to the accused in writing. Within a maximum of 24 hours, preliminary docu-
ments must be referred to the appropriate legal authorities. Prompt steps
must be taken for trial procedures, whereupon the accused will be punished
according to the law.
Principle 33:
No one may be banished from his dwelling, deprived of residing in his
chosen place or forced to reside in a particular location, unless prescribed
by law.
Principle 34:
Every individual has the right of recourse to competent courts in order to
seek justice. All people of the nation have the right of access to such
courts and no one may be prevented from referring to a court to which he
is legally entitled.
Principle 35:
In all courts, both parties have the right to select their own lawyers and
if they are not able to do so, steps must be taken to provide them with a
lawyer.
Principle 36:
Sentencing for punishment and the execution of such a sentence must be
carried out solely by competent courts and in accordance with the law.
Principle 37:
An individual is considered innocent, and no one is presumed guilty accord-
ing to the law, unless his guilt has been proved by a competent court.
Principle 38:
Any type of torture to obtain confession or acquire information is forbidden.
Forcing people to testify, confess or take an oath is not permitted and such
testimony, confession and taking an oath is null and void. The punishment
for violating this principle will be prescribed by law.
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Principle 39:
Violating the dignity and honor of a person who has been apprehended,
detained, arrested or exiled in accordance with the law is forbidden under
any circumstances and is liable to punishment.
Principle 40:
No one may utilize his own rights as a means of putting pressure on others
or encroaching upon public interest.
Principle 41:
Holding Iranian citizenship is the fundamental right of every Iranian.
The government may not deprive any Iranian of his citizenship, unless re-
quested by the individual or if the person becomes the citizen of another
country.
Principle 42:
Foreign nationals may become Iranian citizens according to the limitations
of the law. The citizenship of such individuals may be revoked only when
government grants them citizenship or if they themselves request it.
Chapter IV
The Economy and Financial Affairs
Principle 43:
The economy of the Islamic Republic of Iran is based on the following regu-
lations, in order to achieve independence in national economy, uproot
poverty and impoverishment and fulfill growing human needs, while preserv-
ing its independence:
1. Securing basic needs: housing, nourishment, clothing, hygiene, medical
care, education and vocational training and establishing a suitable environ-
ment for all to start a family.
2. Securing opportunities and possibilities for employment for all in
order to achieve full employment, offering employment opportunities to
able workers who are unemployed, making use of the cooperative system in
providing interest-free loans and other legitimate means which will not
result in the concentration and circulation of wealth in the possession of
specific individuals or groups and which will refrain from turning the
government into a major absolute employer. These measures must be accom-
plished while considering the dominant needs of the developing national
economy in every stage of its growth.
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3. Organizing the economic structure of the country in such a way that
the procedures, tasks and work hours will be such that every individual, in
addition to exerting professional effort, will have the opportunity and
enough energy for intellectual, political and social self-improvement and
an active participation in the leadership of the country as well as to
improve skills and demonstrate creativity.
4. Regard for independent job selection, so as to refrain from forcing
individuals into a specific position and prevent profiteering from the labor
of others.
5. Forbidding the harming of others, as well as monopolizing, speculation
and usury and other futile and unlawful dealings.
6. Forbidding extravagance and dissipation of all forms in all matters
pertaining to the economy, whether in spending, investment, production,
distribution, or services.
7. Learning from scientific, technical and educational skills of experts
to improve and develop the economy of the country. -
8. Preventing foreign economic domination of our country's economy.
9. Emphasizing increased agricultural, animal and industrial production in
order to secure public needs and bring the country to a self-sufficient
state and rid it of dependency.
Principle 44:
The economic system of the Islamic Republic of Iran consists of three
sectors: governmental, cooperative and private, with systematic and
sound planning.
The governmental sector consists of all major industries, foreign trade,
major mines, banking, insurance, power production, dams and major water-
carrying networks, radio and television, postal, telegraph and telephone
system, air, sea, land and railroad transportation and others similar to
the above, which in the form of public ownership are at the disposal-of
the government.
The cooperative sector establishes and assigns the cooperative companies and
organizations which have been created in cities and villages in accordance
with Islamic regulations.
The private sector consists of those portions of agriculture, animal
husbandry, industry, trade and services which supplement the activities of
the governmental and cooperative sectors.
Ownership in these three sectors shall be protected by the laws of the Islamic
Republic as long as this ownership is in conformance with the other essen-
tials of this chapter, does not depart from Islamic precepts, promotes
economic growth and development for the country and does not harm the society.
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The details regarding the standards, procedures and conditions for all
three of these sectors will be determined by law.
Principle 45:
Public property such as wastelands and abandoned lands, mines, seas, lakes,
rivers, and other public waterways, mountains, valleys, forests, swamps,
natural groves, pastures without boundaries? inherited land with no heir,
unowned property, and public property which has been confiscated from
usurpers, belongs to the Islamic government and shall be put to public use.
The details and method of use for each one of these regulations will be
determined by law.
Principle 46:
Everyone shall enjoy the benefits of his legitimate business and labor and
no one may, because he is the owner [of a particular type of business],
deprive others of the opportunity to do the same job.
Principle 47:
Personal property obtained through legitimate means is honored. The
details for this will be determined by law.
Principle 48:
There should be no discrimination with regard to benefits to be gained from
the use of natural resources, the utilization of public funds on the provin-
cial level, and the distribution of economic activities among the provinces
and various regions of the country. This is so that every region will have
within its reach capital and opportunity to fulfill its needs and develop
its skills.
Principle 49:
The government is responsible, after investigation, verification and estab-
lishing proof in accordance with the law for confiscating wealth obtained
from robberies, extortion, bribery, embezzlement, theft, gambling, from
activities that take advantage of pious property, contract work and govern-
mental deals, from the sale of wastelands and those belonging to others,
and from houses of ill-repute and other illegal places. It should be
returned to its lawful owner, and if there is no lawful owner available,
it should be assigned to public use.
Principle 50:
Protecting the environment in which the present generation lives and in
which future generations shall live and prosper is considered a public
responsibility in the Islamic Republic. [paragraph continues]
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Therefore industrial activities, and other activities which may pollute the
environment or ruin it to the point where it cannot be restored, are
forbidden.
Principle 51:
No taxes shall be levied except in accordance with the law. The law will
determine the instances when tax exemptions and reductions may occur.
Principle 52:
The annual national budget shall be prepared by the government as determined
by law and submitted to the National Consultative Assembly for review and
approval. Any alteration in the figures of the budget shall also be sub-
ject to the procedures set by law.
Principle 53:
All revenues received by the government shall be transferred into the
accounts of the treasury and all disbursements shall be within the approved
allocations in accordance with the law.
Principle 54:
The National Court of Accounts shall be directly under the National Consul-
tative Assembly and its organizations and operations in Tehran and provin-
cial centers shall be determined by law.
Principle 55:
The Court of Accounts shall inspect and audit all the accounts of ministries,
government organizations and companies as well as other organizations which
in one way or another benefit from the country's general budget, as stipulated
by law. It shall insure and see to it that no expenditure shall exceed
the approved allocation and that every allocation is used for the purpose
specified. The court shall collect the various accounts, documents, and ,
papers, according to law, and shall submit to the National Consultative
Assembly a budget settlement for each year, together with its own views.
This report must be made available to the public.
Chapter V
The Right of National Sovereignty and the Powers Pertaining Thereunto
Principle 56:
The absolute ruler of the world and humanity is God and He alone has deter-
mined the social destiny of .human beings. No one shall take away this God-
given right from another person or make use of it to serve his personal or
group interests. The nation will use this-God-given right to act according
to the manner determined by the following principles.
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Principle 57:
The powers arising from the right of national sovereignty are: the legis-
lative power, the judicial power, and the executive power. These powers
shall always remain independent of each other, and, according to this law,
the link between them will be provided by the president.
Principle 58:
The National Consultative Assembly is vested with authority to exercise
power on behalf of the legislative power. The assembly will be composed
of the elected representatives of the people, and its resolutions, after
passing through certain phases to be specified in subsequent principles,
will be communicated to the executive and judicial branches for implementa-
tion.
Principle 59:
In dealing with very essential issues of an economic, political, social and
cultural nature, legislative power might be exercised by holding a referendum
and referring the issue directly to the people for a judgment. The request
for a referendum should be approved by a vote comprising two-thirds of
the representatives of the assembly.
Principle 60:
The duties of the executive branch, with the exception of the tasks dele-
gated directly by this law to the leadership, will be performed by and
through the president, the prime minister and the ministers.
Principle 61:
The powers of the judicial branch will be exercised by the courts of the
Justice Department, which are to be convened based on Islamic rules and
standards, and will be engaged in solving and passing judgment on lawsuits,
preserving the rights of the public, expanding and implementing justice and
setting up and establishing divine limits.
Chapter VI
Legislative Power
Part 1: National Consultative Assembly
? Principle 62:
The National Consultative Assembly will be composed of the people's repre-
sentatives, who are to be elected by a direct and secret ballot. Conditions
affecting eligibility of voters and candidates, as well as voting procedures
,wiil be determined and specified by a separate law.
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Principle 63:
The term for the membership.of the National Consultative Assembly is 4 years.
The elections of each term should be held before the expiration of the pre-
vious term, so that the country may never remain without an assembly at any
time.
Principle 64:
The number of the members of the National Consultative Assembly is 270, and
after every 10 years, should an increase be registered in the population of
the country, one representative will be added to the number of representa-
tives of each constituency for every increase in population of 150,000
people. The Zoroastrians and Jews will each have one representative, the
Assyrian and Chaldean Christians will together have one representative,
and the Armenian Christians of the south and the-north will each elect one
representative. Should the size of the population of each of the minorities
show an increase after 10 years, they will have an additional representative
for each additional 150,000 persons. Regulations for holding elections will
be determined and compiled by law.
Principle 65:
After elections are held, the sessions of the National Consultative Assembly
will be considered legal by the presence of two-thirds of the total number
of the representatives at the assembly, and the drafts and bills presented
will be ratified in accordance with the internal regulations approved by the
assembly, with the exception of cases for which a special quorum is speci-
fied by the Constitution. In order to have the internal regulations
approved, it would be necessary to have the consent of two-thirds of the
representatives present at that particular session.
Principle 66:
Matters dealing with the election of the speaker, the Presidium members of
the National Assembly, the number of commissions, the term of their incum-
bency and other affairs relating to the hearings and disciplinary regula-
tions of the assembly will be determined by the internal regulations of the
assembly.
Principle 67:
At the first session of the assembly the representatives will take the
following oath, and then sign the text of the pledge, as follows:
"In the name of God, the compassionate, the merciful.
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In the presence of the holy Koran, I do swear in the name of God the
almighty, and based on my humane honor, I do pledge to be the guardian of
the inviolability of Islam, of the gains of the Islamic Republic; to safe-
guard the trust given me by the nation as an honest and trustworthy person;
to observe honesty and piety while performing my duties as a representative;
to be always bound to the independence and elevation of the country, preser-
vation of the rights of the people, and to render my services to the people
of the country; to defend the Constitution, and to have in mind the indepen-
dence of the country, the freedom of the people, and the interests of the
people in all statements made by me, as well as in all writings and expres-
sion of opinions."
The representatives of the religious minorities will take the oath by men-
tioning the name of their holy book. The representatives not present at the
first session will take the oath at the first session they attend afterwards.
Principle 68:
During a war, and if the country is occupied militarily, at the proposal of
the president, by the approval of three-fourths of the representatives, and
by the endorsement of the Council of Guardians, the elections of the occu-
pied areas or all of the country will be stopped for a certain period of time,
and should a delay be caused in convening a new assembly, the former assembly
will continue its operation.
Principle 69:
The National Consultative Assembly will hold open sessions, its discussions
will be made public by radio broadcasts, and the minutes will be published
in the official newspaper. In conditions of an exceptional nature, should
the observance of the security of the country necessitate, at the request of
the prime minister, one of the ministers, or 10 representatives, the assembly
will convene behind closed doors. The issues approved at such a session will
be considered valid when ratified by three-fourths of the representatives,
in the presence of the members of the Council of Guardians. The reports con-
taining the minutes of those sessions should be made public through the press
after the elimination of the exceptional circumstances.
Principle 70:
The president, the prime minister, and the ministers will be authorized to
attend the sessions of the National Consultative Assembly together or
individually. They may also have their aides and advisers accompany them.
If deemed necessary by the representatives, the president, the prime minis-
ter and the ministers are bound to be present at the assembly and may request
permission to make statements and give explanations. The invitation extended
to the president to be present at the assembly should be approved by a
majority of the representatives.
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Part 2:
Powers and Authority of National Consultative Assembly
Principle 71:
The National Consultative Assembly is authorized to enact laws concerning
all issues of a general nature, within the limits set down in the Constitution.
Principle 72:
The National Consultative Assembly is not authorized to enact laws contra-
dicting the principles and commandments of the official religion of the
country, or the Constitution. The determination of this (as mentioned in
Principle 96) is entrusted to the council of guardians.
Principle 73:
The interpretation of the ordinary laws is a duty of the National Consulta-
tive Assembly. This does not mean that judges are deprived of the right to
interpret laws while making efforts to establish justice.
Principle 74:
Bills are submitted to the National Consultative Assembly after being
approved by the Council of Ministers. Resolutions could be brought up for
discussion at the National Consultative Assembly by the proposal of at least
15 representatives.
Principle 75:
Resolutions, proposals and amendments presented by the representatives in
connection with bills that would result in the reduction of public income
or increase of general expenses, can be brought up for discussion at the
National Consultative Assembly provided they contain ways and means to remedy
the income reduction or secure funds for new expenses.
Principle 76:
The National Consultative Assembly is authorized to conduct investigations
and verifications in connection with all the affairs of the country.
Principle 77:
Pacts, contracts, accords and international agreements should be approved
by the National Consultative Assembly.
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Principle 78:
Any changes in the borders and frontiers is prohibited, with the exception
of minor adjustments based on the interests of the country which are made
on the condition that they are not of a unilateral nature or detrimental to
the independence and territorial integrity of the country. They must be
approved by four-fifths of the representatives in the National Consultative
Assembly.
Principle 79:
Imposition of martial law is prohibited. In time of war and under circum-
stances that necessitate such restrictions, the government will be author-
ized to establish temporary restrictions with the approval of the National
Consultative Assembly. In no case could their duration exceed 30 days.
Should the circumstances requiring the restrictions continue to exist, the
government will be bound to obtain a new authorization from the assembly.
Principle 80:
The receiving and granting of loans or aids, domestic and foreign, by the
government, should be done with the approval of the National Consultative
Assembly.
Principle 81:
Granting concessions to foreigners for establishing corporations and firms
dealing with commercial, industrial, agricultural, mineral affairs and
services, is absolutely prohibited.
Principle 82:
The employment of foreign specialists by the government is prohibited,
unless deemed necessary, in which case it may be done with the approval of
the National Consultative Assembly.
Principle 83:
Buildings and government properties considered to be precious national
possessions, are not transferable to others. This can only be done with
the approval of the National Consultative Assembly, on the condition that
a property is not considered valuable.
Principle 84:
Every representative is accountable to the entire nation, and is authorized
to express his views in connection with all domestic and foreign issues.
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Principle 85:
Membership in the assembly is a possession of the person in question and
cannot be transferred to some other person. The assembly cannot authorize
a person or board to make laws. In case of necessity it can empower its
commissions, in accordance with Principle 72, to enact certain laws. In
such cases those laws will be implemented on a tentative basis during a
period of time determined by the assembly, and it will be up to the assembly
to examine them for a final approval.
Principle 86:
While performing their duties as deputies, the representatives of the assem-
bly will be completely free in expressing their views or voting moves, and
they will not be liable to prosecution or arrest because of the views
expressed at the assembly or the votes cast while performing their duties
as representatives.
Principle 87:
The Council of Ministers, after its formation and introduction to the assem-
bly, and prior to any move or action, should obtain a vote of confidence
from the assembly. Likewise, when it faces difficult and controversial
issues during its incumbency it can request the assembly to express its
view in the form of a vote of confidence.
Principle 88:
Whenever a representative asks a question relating to the duties of a minis-
ter, the minister is bound to be present at the assembly and answer the
question. The reply should be given in a period not exceeding 10 days,
unless there is a plausible reason for delay, to be determined by the assem-
bly.
Principle 89:
Representatives of the assembly can in cases deemed necessary interpellate
the Council of Ministers of each minister. Interpellation can be proposed
in the assembly if it has the sigmtures of ten of the representatives.
The Council of Ministers, with the interpellated minister, must be present
in the assembly ten days after the date that the interpellation was pro-
posed, inorder to answer it. They are required to demand a vote of confi-
dence from the assembly. If the Council of Ministers or the minister in
question is not present to reply to the interpellation, then the represen-
tatives who have proposed it will explain it. If the assembly finds it
appropriate to do so, it will announce the lack of a vote of confidence.
If the assembly does not arrive at a vote of confidence, then the Council
of Ministers or the minister will be dismissed. In both cases, the inter-
pellated prime minister or minister cannot be a member of the Council of
Ministers that would be formed immediately after that.
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Principle 90:
Anyone who has a complaint about the modus operandi of the assembly, the
executive or the judiciary force can, in writing, give his complaint to
the assembly. The assembly is responsible for investigating these com-
plaints and arriving at a satisfactory response. If the complaint is
related to the executive or judiciary force, the assembly is responsible
for demanding an investigation and getting a satisfactory answer from these
forces, and then announcing the results in due time. In cases where the
complaint is related to the public, the result should be announced to the
public.
Principle 91:
For the purpose of guarding the precepts of Islam and the constitution and
in order to avoid any contradiction between them and the laws of the assem-
bly, a Council of Guardians will be formed with the following members:
1. Six just and religious persons who are knowledgeable of the require-
ments of the times and the daily problems. The selection of this group is
in the hands of the leader or the Leadership Council.
2. Six lawyers in different branches of law. From among the Muslim lawyers,
those who have been introduced to the National Consultative Assembly by the
High Council of the Judiciary, will be voted on by the Assembly.
Principle 92:
The members of the Council of Guardians are elected for a 6-year term.
But after 3 years, half of the members shall be changed and new members will
be elected in their place by means of a lottery.
Principle 93:
The National Consultative Assembly has no legal validity without the pres-
ence of the Council of Guardians, unless the credentials of the representa-
tives have been approved [by the Council of Guardians] and six lawyers from
among the members of the Council of Guardians have been elected [to the
National Consultative Assembly].
Principle 94:
All the sanctioned laws and regulations of the National Consultative Assem-
bly must be sent to the Council of Guardians. The Council of Guardians is
responsible, within ten days of the receipt of them, to investigate them
so that they will conform with the Islamic standards and the constitutional
laws. And if they find any contradiction, they will be returned to the
assembly for revision. Otherwise, the laws are ratified.
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Principle 95:
If the Council of Guardians decides that 10 days is not enough for inves-
tigation and expressing of opinion, then stating a given reason, it will
request a 10-day extension.
Principle 96:
The majority of the six religious members of the Council of Guardians
decides whether a national assembly law is in contradiction with Islamic
decrees. And the majority of all the members of the Council of Guardians
decides whether a constitutional law is in contradiction with the Islamic
decrees.
Principle 97:
To expedite the work, members of the Council of Guardians can attend the
assembly and listen while a bill or a legal project is being discussed.
When an urgent project or bill is put before the assembly, they must attend
that session and express their opinions.
Principle 98:
The Council of Guardians is responsible for interpreting the constitutional
law. Misinterpretation can be given after three-fourths of the members have
approved it.
Principle 99:
The Council of Guardians is responsible for supervising the presidential
election, the elections of the National Consultative Assembly and the
referendum.
Chapter VII
Councils
Principle 100:
In order to further social, economic, development, public health, cultural,
and educational programs as well as other welfare matters through popular
cooperation and in keeping with local circumstances for administering these
affairs, every rural area, district, township, or province will elect from
its citizens members for councils for the village, district, township, and
province.
The qualification of the electors and those who are elected, the limits of
their duties, and privileges, the manner of their election, and the super-
vision of the said councils and their associated offices should be according
to the principles of national unity, territorial integrity, rule of the
Islamic Republic, and sovereignty of the central government as determined
by law.
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Principle 101:
To prevent discrimination and to gain cooperation in planning development
and welfare programs for the provinces and to supervise their coordination,
a Supreme Council of the Provinces will be organized composed of represen-
tatives of each province.
The organization and duties of this council will be determined by law.
Principle 102:
The Supreme Council of the Provinces has the right to make plans within the
limits of its duties and submit proposals to the National Consultative
Assembly, either directly or through the government. These plans will then
be studied by the assembly.
Principle 103:
The governors, commanders, district chiefs, and other authorities that are
appointed by the government are obligated to obey the councils' decisions as
long as they fall within the limits of the councils' powers.
Principle 104:
In order to guarantee Islam a role and insure cooperation in preparing pro-
grams, and to coordinate progress in the activities of production Units--
both industrial and agricultural--councils composed of representatives of
workers, villagers, and other employees and managers will be organized to
operate in educational, administrative, and service units. These councils
will thus be comprised of representatives of the members of these units.
The manner of organizing these councils and the limits of their duties and
privileges will be determined by law.
Principle 105:
The decisions of the councils should not violate the standards of Islam or
the-IA.14S Of-the country.-
Principle 106:
The councils may not be dissolved unless they deviate from their legal duties.
The process for determining such deviation, the manner in which the councils
are dissolved, and the method by which they are reconstituted will be deter-
mined by law.
If opposition to dissolution of a council is justified, a complaint will be
submitted to the competent court, and the court will be obligated to inves-
tigate it outside the docket sequence.
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Chapter VIII
The Leader or The Leadership Council
Principle 107:
Whenever one of the jurists who fulfills the conditions mentioned in
Principle 5 of the law is recognized by a decisive majority of the people
for leadership and has been accepted--as is the case with the Great Ayatollah
Imam Khomeyniis high calling to the leadership of the revolution--then this
leader will have charge of governing and all the responsibilities arising
from it. Otherwise, experts elected by the eople from all those qualified
for leadership will be nvestigated and evaluate . Whenever a candidate who
has outstanding characteristics for leadership is found, he will be intro-
duced to the people as leader. Otherwise, 3 or 5 candidates who fill the
conditions for leadership will be appointed members of the Leadership Council
and introduced to the people.
Principle 108:
'-)t-AANQA"
The law regarding the number and qualifications of experts, thetmanner of
their election, the internal regulation of their sessions and the fixing of
their terms has to be prepared by the Purists of the_faunal_2f_
Guardians and approved by the majority of their votes before the final
\approval of the revolutionary leader. Thereafter, any kind of change and
revision of this law is within the competence of the Council of Experts.
Principle 109:
The qualifications,and attributes of the leader or members of the Leadership
Council:
1. The necessary competence in theology and piety to deliver formal legal
opinions and authority.
2. Enough political and social insight, boldness, strength, and managerial
ability to lead.
Principle 110:
Duties and powers of leadership:
1. Appointing the jurists on the Council of Guardians;
2 Appointing the highest judicial authorities of the country;
Command of all the armed forces as follows:
A. Appointing and dismissing the chief of the general staff;
R. Appointing and dismissing the commander-in-chief of the Islamic
Revolution Guards Corps;
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C. Organizing the High Council for National Defense which will be
composed of the following seven members:
--president of the republic
--prime minister
--minister of defense
--chief of the general staff
--the commander-in-chief of the Islamic Revolution Guards Corps
--two advisers specified by the leader
D. Naming the commanders-in-chief of the three armed forces at the
suggestion of the High Council for National Defense;
E. Declaring war and mobilizing the armed forces at the suggestion of
the High Council for National Defense. -
4. Signing the order [formalizing] the election of the president after he
has been elected by the people. Approving the competence of candidates for
the presidency with regard to the qualifications specified in this law. Con-
firming them before the Council of Guardians before the elections and con-
firming the president's first term.
5. Dismissing the president of the republic in consideration of the good
of the country after an order is issued by the Supreme Court charging him
with violating his legal duties toward the National Consultative Assembly
and relieving him of his political competence.
6. Pardoning or reducing the sentences of convicts within the limits of
Islamic standards, pursuant to the suggestions of the Supreme Court.
Principle 111:
Whenever the-re-ad-6r or one of the members of the Leadership Council becomes
incapable of performing his legal duties of leadership or loses one of the
qualifications mentioned in Principle 109, he will be removed from his posi-
tion. This action is within the purview of the experts mentioned in
Principle 108.
Regulations for calling a meeting of the experts to investigate cases
arising from this principle will be formulated in the first session of the
experts.
Principle 112.
The leader or members of the Leadership Council are equal before the laws
with all other citizens of the country.
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Chapter IX
Executive Power
Part 1: The Presidency
Principle 113:
The-i--pr es - -the _ e r _ of- -thFlirgh-e-gt-o ff tc over- ekt- 'to the-To f f
f -learer. He is responsible for carrying out constitutional laws and for
organizing the relationships among the three powers. He will also be the
chairman for the executive power except for those affairs that are directly
related to the leader.
Principle 114:
The president is elected for a 4-year term by the direct vote of the people.
He can be reelected for only one additional term.
Principle 115:
The president must be elected from among men of political and religious
distinction. He must: be of Iranian origin; be an Iranian citizen; be
an administrator and efficient; be loyal, with a good past history; be
pious; be a believer in the foundation of the Islamic Republic of Iran and
in the official religion of the country.
Principle 116:
Candidates for the presidency must officially announce their candidacy
before the beginning of the election. The way in which the election will
be carried out to elect a president will be determined by law.
Principle 117:
The president will be elected by an absolute majority of the votes, but if
in the first round none of the candidates obtains such a majority of votes,
a second election will be held on the following Friday. Only the two can-
didates who had the most votes can run for the second election. However, if
these candidates decide not to run, the two candidates who had the next
largest number of votes in the first round will be introduced for this second
round of elections.
Principle 118:
According to Principle 99, the Council of Guardians will be responsible for
supervising the election of the president. But prior to the initial crea-
tion of the Council of Guardians, the responsibility lies with the board of
control which specifies the law.
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Principle 119:
The election of the new president must be carried out at least one month
prior to the termination of the term of the incumbent president. In the
interim period between the election of the new president and the conclusion
of the term of the incumbent, the incumbent will carry out the duties of
the presidential office.
Principle 120:
If one of the eligible candidates dies in the 10 days prior to the election,
the elections will be delayed for 2 weeks. If between the first and the
second round of the election, one of the two candidates with the most votes
dies, the election time will be extended for 2 more weeks.
Principle 121:
At the National Consultative Assembly, in the presence of the head of the
Supreme Court and the members of the Council of Guardians, the president
will take the following oath and sign it: "In the name of God the compas-
sionate, the merciful.
I, the president, swear on the Koran and before the people of Iran that I
will be the guardian of the official religion, of the order of the Islamic
Republic and of the constitutional laws. I shall use all my talents and
competence to perform the duties I have undertaken. I will dedicate myself
to the elevation of the country, propagation of religion and character, and
support of the spread of right and justice. I shall avoid any kind of self-
interest, protect freedom, respect the people and respect the rights that
the constitution has recognized for the people. I will not hold back from
any step that will protect the boundaries and the political, economic,
and cultural independence of the country. With the help of God and obedi-
ence to the prophet, as a devout and trustworthy guardian, I will guard
the power entrusted to me by the people and I shall entrust that power to
the men elected after me by the people."
Principle 122:
The president is responsible before the people for the limits of his author-
ities and duties. The manner of investigation for such an infringement is
determined by law.
Principle 123:
When a law of the assembly has been made or a referendum has been completed
through legal procedures and has been presented to the president, he is
responsible for signing it and handing it over to responsible authorities
for execution.
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Principle 124:
The president will nominate a person as prime minister and after obtaining
a vote of endorsement from the National Consultative Assembly, he will
issue the oath of office to the prime minister.
Principle 125:
After the approval of the National Consultative Assembly, the signing of
treaties, conventions, written agreements and contracts between the Govern-
ment of Iran and all other governments and the signing of agreements related
to international unions [as published] is the responsibility of the president
or his legal representative.
Principle 126:
After laws and decrees have been approved by the Council of Ministers, the
president will be informed of them. If he finds them illegal, he will send
them back to the Council of Ministers for revision, only after having men-
tioned his reasons.
Principle 127:
Whenever the president finds it necessary, the Council of Ministers will
meet in his presence and under his leadership.
Principle 128:
The president will sign the accreditation of ambassadors and will receive
letters of accreditation from the ambassadors of other nations.
Principle 129:
Bestowal of national medals is the responsibility of the president.
Principle 130:
In the case of absence or sickness of the president, a council with the name
of Temporary Council of the Presidency will be formed. This council will
consist of the prime minister, the head of the national assembly and the
head of the Supreme Court, and it will carry out the duties of the presi-
dent; this is on condition that the absence of the president will be no
longer than 2 months.
Also, in case of dismissal, or when the term of office of the previous
president has been completed and due to certain obstacles the new president
has not been elected, this council will be responsible for carrying out the
duties of the president.
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Principle 131:
In case of death, resignation, or sickness that lasts more than 2 months,
the dismissal of the president Cr atiy-other such crisis, the Temporary
Council of the Presidency is responsible: for making arrangements so that a
new president may be elected within the next 50 days. Within this period,
the temporary council is responsible for all duties and authorities of the
president, except in the matter of referendums.
Principle 132:
While the duties of the president are being performed by the temporary coun-
cil, the government cannot be interpellated, nor can it receive a vote of
nonconfidence, nor can any steps be taken for the revision of the constitu-
tional laws.
Part 2: Prime Minister and Ministers
Principle 133:
The ministers will be app6inted according to the suggestion of the prime
minister and with the approval of the president. They shall then be intro-
duced to the parliament for a vote of confidence. The number of ministers
and their authorities shall be determined by law.
Principle 134:
The prime minister shall head the Council of Ministers and he will supervise
the work of the ministers, and taking the necessary advice, he will coordi-
nate government decisions. With the cooperation of the ministers, he will
select government policies and execute the laws. The prime minister is
responsible to the assembly for the actions of the Council of Ministers.
Principle 135:
The prime minister stays in office as long as he has a vote of confidence
from the assembly. The letter of resignation of the government should be
handed to the president. The prime minister will continue with his duties
until the appointment of the next government.
Principle 136:
Dismissal and appointment of a new minister by the prime minister has to be
approved by the president. A vote of confidence on the new minister has to
be obtained from the parliament. If half of the members of the Council of
Ministers (cabinet) are changed after receiving a vote of confidence from
the parliament, the government must ask again for a vote of confidence from
the parliament.
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Principle 137:
Each minister is responsible to the assembly for his own special duties,
but in affairs that have been approved by the Council of Ministers, he will
be held responsible for the action of others.
Principle 138:
In addition to being responsible for the compilation of laws for various
cases, the Council of Ministers, or a single minister, also has the right
to compile laws in regard to administrative duties, safeguarding the execu-
tion of the laws and regulating administrative organizations. Each of the
ministers, within the limits of his duties, and with the sanction of the
Council of Ministers, has the right to formulate regulations and issue
circulars, but the content of these regulations must not be in disagreement
with the content and the spirit of the laws.
Principle 139:
Resolving of litigation related to public and government possessions, or its
referral to a judge, in each case is subject to the approval of the Council
of Ministers, and the assembly must be informed of it. When the claimant
is a foreigner, or in important internal matters, the case must be approved
by the assembly. The importance of the case is determined by law. (
Principle 140:
Accusations related to ordinary crimes made by the president, the prime
minister or the ministers will be investigated in the public courts of
the Ministry of Justice.
Principle 141:
The president, prime minister, ministers and government employees are not
allowed to hold more than one government job. They are also forbidden to
have any other job in organizations all or some of whose capital belongs
to the government and public institutions, nor are they allowed to be a
representative of the national assembly, an attorney with the Ministry of
Justice, a legal advisor, head, managing director or member of the board of
directors in various private organizations, except for cooperative associa-
tions and organizations of the administration (government). Teaching posi-
tions at universities and research institutes are excepted from these
restrictions.
The prime minister may, when necessary, undertake the duties of certain
ministries on a temporary basis.
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Principle 142:
The Supreme Court will investigate the wealth of the leader, members of
the Leadership Council, president, prime minister, the ministers, and their
wives and children before and after holding office, lest their wealth has
increased contrary to the law.
Part 3: The Army and Revolution Guard
Principle 143:
The Army of the Islamic Republic is responsible for safeguarding indepen-
dence and territorial integrity and keeping order in the Islamic Republic.
Principle 144:
The Islamic Republican Army must be an Islamic army. It must be a popular
and religiously educated army and it must accept worthy people who will be
faithful to the goals of the Islamic Revolution and will be self-sacrificing
in the attainment of those goals.
Principle 145:
No foreign person will be accepted for membership in the army or regular
forces.
Principle 146:
Establishment of any kind of foreign military bases in the country is for-
bidden, even though those bases are to be used for peaceful purposes.
Principle 147:
The government in time of peace must utilize the personnel and technical
equipment of the military for relief operations, educational and productive
purposes and in a crusade for reconstruction.
Thrs?should be done with total observance of religious justice and only to
the extent that it does not harm the combatreadiness of the military.
Principle 148:
Personal use of military equipment and use of military personnel as servants,
chauffeurs and for other such tasks is prohibited.
Principle 149:
Promotion and demotion in military ranks is done according to the law.
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Principle 150:
The Islamic Revolution Guard Corps that was formed in the first days of
the victory of this revolution will remain active in order to continue its
role as the guardian of the revolution and its offshoots. The limit of
this force's duty and the scope of its authority in relation to the duties
and scope of authority of other armed forces will be determined by law,
with emphasis on cooperation and brotherly harmony.
Principle 151:
According to a noble verse of the Koran, "Make ready for them all thou canst
of (armed) force and of horses tethered, and thereby ye may dismay the enemy
of God and your enemy, and others beside them whom ye know not. God
knoweth them."
The government is responsible for providing military training programs and
facilities for all the people of the country, in accordance with the laws of
Islam, so that all the people will always have the capability to defend the
country and the order of the Islamic Republic of Iran with arms. Possession
of arms must be with the permission of competent authorities.
Chapter X
Foreign Policy
Principle 152:
The foreign policy of the Islamic Republic of Iran is founded on the basis
of ending any type of domination, safeguarding the complete independence and
integrity of the territory, defending the rights of all Muslims, practicing
nonalinement with respect to the dominating powers and maintaining mutual
peaceful relationships with nonbelligerent nations.
Principle 153:
Any type of agreement that allows a foreign power to dominate the natural
resources, or the economic, cultural, military and other affairs of the
country is forbidden.
Principle 154:
The Islamic Republic of Iran considers its goal to be the happiness of
human beings in all human societies.
It recognizes the independence, freedom and rule of right and justice for
all people of the world. Therefore, while practicing complete self-restraint
from any kind of influence in the internal affairs of other nations, it will
protect the struggles of the weak against the arrogant, in any part of the
world.
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Principle 155:
The Islamic Republic of Iran can give political asyIum-to thosejWho seek it
unless they have been recognized as traitors according to the laws of Iran
Chapter XI
Judiciary Force
Principle 156:
The judiciary is an independent force that supports individual and social
rights and is responsible for bringing about justice. It is also responsi-
ble for carrying out the following duties:
1. Investigating and passing judgment on cases of injustice, transgressions
and complaints; resolving lawsuits and settling conflicts; and making deci-
sions and taking necessary steps in those probate matters that are regulated
by the law.
2. Restoring public rights and expanding justice and legal freedoms.
3. Supervising the enforcement of laws.
4. Discovering crime; prosecuting, punishing and reprooling the criminal,
and bearing the responsibility for carrying out the prescriptions-and,
regulations of the Islamic penal code.
5. Taking appropriate steps to prevent crime and reform crimii;als
Principle 157:
A council named "The High Council of the Judiciary," will be fo'rffied to ,
carry out the responsibilities of the judiciary. This council is 'considered
to be the highest judicial office and its duties are as follows: ---
1. Forming necessary organizations in the Ministry of Justice to deal with
the-responalbilities contained in Principle 156.
2. Preparing bills having to do with the judiciary that are suitable for
an Islamic Republic.
3. In accordance with the law, exercising the responsibility of hiring
just and worthy judges, appointing and dismissing them, changing the loca-
tion of their tours of duty, assigning them jobs and other such adminis-
trative affairs.
Principle 158:
The High Council of the Judiciary consists of five members:
.?????
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1. Head of the Supreme_Court of Justice,
n
2. Ar rney GenteLVI. t?MPUs Slim& to.ht?
VVkine... COD 0.0"' .4 t At41,:. -4A-AZ
3. Three religious and just judges, chosen by the judges of the country.
According to the law, the members of this council are elected for 5 years
and can be reelected. The qualifications for the electors and the elected
will be determined by law.
Principle 159:
The Ministry of Justice is the official place to which complaints of injus-
tice will be referred. The formation of ?courts and the determination of
their competency are subject to the rule of law.
Principle 160:
The minister of justice has the responsibility for all the problems related
to the relationship between the judiciary and the executive and legislative
forces. He is selected from candidates that the High Council of the Judi-
ciary has suggested to the prime minister.
Principle 161:
The Supreme Court of the country is formed on the basis of laws that are
determined by the High Council of the Judiciary. It is responsible for
supervising the correct enforcement of laws in the courts of the land,
for creating unity in judicial policy, and for carrying out, according to
the law, the responsibilities that have been given to it.
Principle 162:
The head of the Supreme Court and the attorney general must be just, reli-
gious jurists [mujtahid] and must have knowledge of judicial matters. The
leadership, in consultation with the Supreme Court judges, will appoint
them to those offices for a period of 5 years.
Principle 163:
Qualifications of the judge will be determined by law according to the
standards of religious jurisprudence.
Principle 163:
Qualifications of the judge will be determined by law according to the
standards of religious jurisprudence.
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Principle 164:
A judge cannot be, temporarily or permanently, dismissed from the office
that he is holding without a trial and proof of crime and violations that
are considered as grounds for dismissal. Nor can his place of duty or his
job be changed unless it is in the interest of society and is carried out
with the unanimous approval of the members of the High Council of the Judi-
ciary. Periodic transfers of the judges will occur according to rules
determined by law.
Principle 165:
Trials will be held openly and the public is allowed to attend unless the
court decides that an open trial is incompatible with public sense of
chastity and order or both adversaries request that the trial not be held
openly.
Principle 166:
The decrees of the courts must be supported by the articles of law and they
must be methodical.
Principle 167:
The judge is responsible for trying to find the statute for each dispute
in the codified laws, and if he does not find it, relying on reputable Islamic
sources or judicial decrees, he must pass judgment on the matter. He cannot,
by using the excuse of silence, deficiency, abridgment or contradiction of
the codified laws, avoid investigation and passing of a judgment.
Principle 168:
Investigations of political and press crimes are to be held in the courts
of the Ministry of Justice, openly in the presence of a jury. Defining the
political crime, the manner in which the jury will be selected, their
authority and qualifications will be determined according to Islamic
standards.
Principle 169:
If a law is enacted after an action or lack of action has occurred, then
that action or lack of action cannot be considered as a crime.
Principle 170:
The judges of the court are dutybound to refrain from executing govern-
mental decisions that are contrary to Islamic laws and regulations and
that are outside the limits of the executive power.
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Principle 171:
If an individual receives any material and spiritual damage due to the fault
or mistake of the judge, in the subject matter, in the passing of the judg-
ment, or in the verification of the judgment, then the guilty party, when
shown his guilt, will be responsible for those damages. Otherwise, compen-
sation for the damage will be provided by the government and, in either
case, the loss of honor of the accused will be reinstated.
Principle 172:
For investigation of crimes related to special military or disciplinary
duties, committed by members of the army, gendarmery, police force or
Islamic Revolution Guard, a military tribunal will be formed in accordance
with the law. But if these individuals commit common crimes or crimes that
are dealt with by the Ministry of Justice, then their crimes shall be inves-
tigated in public courts. The Provost Martial and military courts are part
of the public judiciary and come under its principles.
Principle 173:
With a view to attending to the complaints, criticisms and objections of the
people concerning state officials, units, regulations and the administration
of their rights, a court named the Court of Administrative Justice has been
created under the supervision of the High Judicial Council. The law defines
the limits of the jurisdiction and authority of this court.
Principle 174:
On the basis of the right of supervising the judicial power, with regard
to proper conduct of affairs and correct legal procedure in the administra-
tive systems, an organization called the General National Investigative
Organization has been created under the supervision of the High Judicial
Council. The law defines the jurisdiction and functions of this organization.
Chapter XII
Mass Media
Principle 175:
In the mass media (radio and television), freedom of dissemination and infor-
mation according to Islamic principles should be assured. These media will
be supervised by a joint judicial (the Higher Judicial Council), legislative
and executive body. The law defines the plan of this supervision.
The Constitution of the Islamic Republic of Iran was formulated in 12
chapters, comprising 175 principles. The final review of the Constitution
was approved by at least two-thirds of the total membership of the assembly
on the 24th day of the month of Aban of the year 1358 of the solar Hijri
calendar, corresponding to the 24th day of the month of Dhu-al-Hijjah of the
year 1399 of the lunar Hijri year.
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