Preamble
The Constitution of the Islamic Republic
of Iran sets forth the cultural, social, political and economic institutions of
the people of Iran, based on Islamic principles and rules, and reflecting the fundamental
desires of the Islamic people. The essence of the great Islamic Revolution of
Iran, and the course of the struggle of the Muslim people from its beginning to
its victory, as manifested by the categorical and striking slogans used by all
classes of the people, get their special character from this fundamental
desire. Now our nation, with the whole of its being is in the vanguard of this
great victory, and strives for the attainment of that desire.
The unique characteristic of this
Revolution, as compared with other Iranian movements of the last century, is
that it is religious and Islamic. The Muslim people of Iran, after living
through an anti-despotic movement for constitutional government, and
anti-colonialist movement for the nationalization of petroleum, gained precious
experience in that they realized that the basic and specific reason for the
failure of those movements was that that they were not religious ones. Although
in those movements Islamic thinking and the guidance of a militant clergy
played a basic and prominent part, yet they swiftly trailed off into
stagnation, because the struggle deviated from the true Islam. But now the
nation's conscience has awakened to the leadership of an exalted Authority, His
Eminence Ayatollah Imam Khomeini, and has grasped the necessity of following
the line of the true religious and Islamic movement. This time the country's
militant clergy, which has always been in the front lines of the people's
movement, together with writers and committed intellectuals, has gained new
strength (lit: impetus) under his leadership (The most recent movement of the
Iranian nation began in the HEGIRA lunar year 1382, equivalent to the HEGIRA
solar year 1341) - (Translator's note: the solar year 1341 equals 1963 AD)
The Vanguard Of The Movement
Imam Khomeini's crushing protest against
that American plot, The White Revolution, which was a step taken with a view to
strengthening the foundations of the despotic regime and consolidating Iran's
political, cultural and economic links with World Imperialism, was the motive
force behind the united uprising of the nation. There followed the great and
bloody revolution of the Islamic people in the month of KHORDAD 1342
(Translator's note: equivalent to June 1963) -This was indeed the
starting-point of the flowering of that magnificent and widespread revolt which
consolidated and confirmed the Imam's central position as the Islamic leader.
Despite his banishment from Iran following on his protest against the shameful
Law of Capitulation (immunity for American advisers), the firm bond (of the
people) with the Imam was strengthened. The Muslim nation, in particular
committed intellectuals and the militant clergy, continued along its path, amid
banishment and imprisonment, torture and execution.
Meanwhile the informed and responsible
section of the community was busy with clarification of the issues, within the
strongholds of mosques, places of learning, and universities. Inspired by the
revolutionary religious feeling and the rich fruitfulness of Islam, they began
a persistent and rewarding struggle to raise the level of awareness and
vigilance as regards the fight, and its religious nature, among the Muslim
nation. The despotic regime began the suppression of the Islamic movement with a
malignant attack on the FEIZIYE (Translator's note: meaning uncertain) and the
University and all the clamorous (protesting) Clubs (that were part) of the
Revolution. It took bloodthirsty but futile steps to quell the revolutionary
fury of the people. While this was going on firing squads, medieval torture,
and long imprisonment were the price our Muslim nation paid to demonstrate its
firm resolve to continue the struggle. The blood of hundreds of young men and
women flowed for the Faith in the shooting yards at dawn as they raised the cry
of "God is Great" (ALLAHU AKBAR). Or they were the target for hostile
bullets in lanes and bazaars in forwarding the Islamic revolution of Iran,
distributing the ever-continuing proclamations and messages of the Imam on a variety
of occasions, and (asserting) the awareness and determination of the Islamic
nation ever more widely and deeply.
Islamic Government
Islamic Government is designed on a
basis of "religious guardianship" (VELAYAT FAQIYE) as put forward by
Imam Khomeini at the height of the intense emotion and strangulation (felt)
under the despotic regime. This created a specific motivation and new field of
advance for the Muslim people; and opened up the true path for the religious
fight of Islam, pressing forward the struggle of the committed Muslim
combatants, inside and outside the country.
The movement continued along this basic
line until eventually the dissatisfaction and fury of the people, arising out
of the daily increasing pressure and strangulation inside the country, and the
extension and repetition of the struggle by the clergy, and by militant
students at world level, severely shook the rule of the regime. The regime and
its masters were forced to reduce its pressure and strangulation, and - so to speak
- to open up the political arena of the country which it thought would be the
safety valve to secure it against its certain collapse. But the nation was
aroused, aware (of the situation) , and firmly devoted to the decisive and
unshakable leadership of the Imam. It began its victorious and united uprising
in ever more wide-spread and comprehensive fashion.
The Peoples' Anger
The publication by the regime on the
17th of the month of DEY, 1356 (equals 7 January 1978) (Translator's note: not
1977 as in original translation) of the letter which insulted the sacred order
of the clergy, and in particular the Imam Khomeini, hastened this movement. It
caused the people's anger to explode all over the country. In an effort to
control this volcano of popular anger, the regime tried to suppress the protest
uprising by bloodshed. This very fact set more blood pulsing through the veins
of the Revolution. Continuing revolutionary passion at the time of the
seven-day and forty-day commemoration of the martyrs of the Revolution, added
on an ever-increasing scale to the vitality and ardor and fervent unity of the
movement throughout the country. It continued and extended the people's
upheaval in all the country's organizations by a general strike and joining in
street demonstrations while actively seeking the downfall of the despotic
regime. Widespread co-operation of men and women of all classes, and of
religious and political groups, in this struggle, took place in decisive and
dramatic fashion In particular women joined openly on all the scenes of this
great Holy War, ever more actively and extensively. Such a scene would be a
mother with a child in her bosom hastening to the battlefield and facing
machine gun fire This large section of society took a main and decisive part in
the struggle.
The Price The Nation Paid
After a little over a year the budding
Revolution and its continuing struggle settled to its result. It's cost (lit:
fruit) was the blood of more than 60,000 martyrs, 100,000 wounded and with
damaged health, and milliards of tomans of financial loss; all amid cries of
"Independence", "Freedom", and "Islamic Rule".
This mighty movement with its reliance upon faith, unity, and decisiveness in
leadership, came to a victorious conclusion in an atmosphere of emotion and
tension and of the nation's devotion. It was successful in crushing all the
calculations and maneuverings of Imperialism. A new chapter opened up in its
own way for popular revolutions in the world.
The 21st and 22nd of the month of BAHMAN
1357 (Translator's note: equivalent to 10th and 11th February 1979) were the
days on which the Shah's establishment collapsed Domestic despotism and the
foreign domination which depended on it were defeated. This great victory
brought the glad tidings of final triumph and was the prelude to Islamic
Government which was the long-felt desire of the Muslim people.
Unanimously, the nation of Iran, in
partnership with the religious authorities, and the ULEMA of Islam, and the
repository of Leadership, in a referendum concerning the Islamic Republic, took
a final and categorical decision to set up an exalted new republican and
Islamic order, and affirmed the Islamic Republic by a majority vote of 98.2%.
Now the Constitution of the Islamic
Republic, as the announcement of the structure and political, social, cultural
and economic relationships within society, must guide the way towards the
consolidation of the foundations of Islamic Government, and produce the design
for a new order of Government in substitution for the old idolatrous order.
Structure Of Government In Islam
From the viewpoint of Islam, government
does not spring from the sphere of classes or domination by individuals or
groups. It crystallizes the political aspirations of a nation united in faith
and thinking which provides itself with an organization so that in the process
of transformation of ideas and beliefs, its way may be opened towards the
ultimate goal (moving towards God). In the course of its revolutionary
development our nation was cleansed from the dust and rust of idolatry, and
from foreign ideological influence. It returned to true Islamic intellectual
attitudes and views of the world. Now it is planning to build its new model
society on such a basis, with Islamic standards. The Mission of the
Constitution is to identify itself with the basic beliefs of the movement and
to bring about the conditions under which the lofty and worldwide values' of
Islam will flourish.
The Constitution, having regard to the
Islamic contents of the Iranian Revolution, which was a movement for the
victory of all the oppressed over the arrogant, provides a basis for the
continuation of that revolution both inside and outside the country. It
particularly tries to do this in developing international relations with other
Islamic movements and peoples, so as to prepare the way towards a united single
world community ("Your community is one community, and I am your Lord who
you are to worship") Quotation from the Arabic and to the continuation of
the progressive struggle for the rescue of deprived and oppressed nations
throughout the world.
Having regard to the intrinsic nature of
this great movement, the Constitution guarantees to oppose any kind of
despotism, intellectual, social, and as regards monopoly economics, and to
struggle for freedom from the despotic system, and to entrust men's destiny to
their own hands.
"He releases them
from their heavy burdens and yokes which are on them".
Quotation from the
Arabic
In creating the political structures and
foundations for organizing society on the basis of acceptance of religion,
devout men have the responsibility for government and administration of the
country.
"The earth will be
inherited by my pious followers".
Quotation from the
Arabic
Legislation which is to set out the
codes for the management of society will have as its central axis the Koran and
tradition. Therefore there is great necessity for exact and serious supervision
by just and virtuous and dedicated Islamic scholars (FEQHA-ye-ADEL = just men
of religious law). Because the aim of government is to help mankind to develop
towards the divine order and until the ground is cleared and the human talents
have blossomed forth for the glorification of God's nature in all its
dimensions, ("To emulate God's morality11) Quotation from the Arabic,
there cannot, except by delegation, be active and extensive participation at
all stages in the taking of political decisions and the determination of
destiny for all persons in society, so that every individual has a hand in the
task of human development and is responsible for growth and progress and
guidance. This will be the assurance of government for the oppressed of the
earth.
The Guardianship Of The Just Man Of
Religious Law (Faqiyeh-E-Adel)
On the basis of continuous Guardianship
and Leadership (Imamate) the Constitution provides for leadership under all
conditions, (by a person) recognized by the people as lender, so that there
shall be security against deviation by various organizations ("The course
of affairs is in the hands of those who know God and who are trustworthy in
matters having to do with what he permits and forbids") - Quotation from
the Arabic.
The Economy As A Means Not An End
In strengthening the foundations of the
economy, the governing principle is the satisfaction of mankind's needs in the
course of its growth and development. It is not (the pursuit) of other economic
objectives (systems) , such as centralization and the accumulation of wealth
and the search for profit. In materialistic schools of thought, economic
activity (the economy) is its own end This at (different) stages of growth,
economic activity is a factor working for destruction and corruption and decay.
But in Islam economic activity is a means. As an ultimate (lit: waiting) means
there can be no more effective (instrument) on the path towards the goal.
From this point of view, the Islamic
program of economic activity to provide a suitable field for the emergence of
human creative power in various forms, and in this way provide equal and
well-balanced opportunities, and make work, for all people, and satisfy the
essential requirements of the advance towards development is the responsibility
of the Islamic Government.
Women In The Constitution
In the creation of Islamic foundations,
all the human forces which had been in the service of general foreign
exploitation will recover their true identity and human rights. In doing so,
women who have endured more tyranny up till now under the idolatrous order,
will naturally vindicate their rights further.
The family unit is the basis of society,
and the true focus for the growth and elevation of mankind. Harmony of beliefs
and aspirations in setting up the family is the true foundation of the movement
towards the development and growth of mankind. This has been a fundamental
principle. Providing the opportunities for these objectives to be reached is
one of the duties of the Islamic Government.
Women were drawn away from the family
unit and (put into) the condition of "being a mere thing", or
"being a mere tool for work" in the service of consumerism and
exploitation. Re-assumption of the task of bringing up religiously-minded men
and women, ready to work and fight together in life's fields of activity, is a
serious and precious duty of motherhood. And so acceptance of this
responsibility as more serious and - from the Islamic point of view -a loftier
ground for appreciation (lit: value) status (lit: greatness) will be
forthcoming.
The Religious Army
In the organization and equipping of the
countries defense forces, there must be regard for faith and religion as their
basis and rules. And so the Islamic Republic's army, and the corps of
Revolutionary Guards must be organized in accordance with this aim. They have
responsibility not only for the safeguarding of the frontiers, but also for a
religious mission, which is Holy War (JIHAD) along the way of God, and the
struggle to extend the supremacy of God's Law in the world.
"Against
them make ready your strength to the utmost of your power, including steeds of
war, to strike terror into the hearts of the enemies of God and your enemies,
and others beside".
Quotation
from the Arabic
The Judiciary Of The Constitution
The question of the judiciary in
relation to the safeguarding of the people's rights along the line (adopted by)
the Islamic movement with the object of preventing localized deviation within
the Islamic community, is a vital one. Thus provision must be made for the
establishment of a judicial system on the basis of Islamic justice, manned by
just judges, well acquainted with the exact rules of the Islamic code. Such a
pattern of organization is necessary because of the delicate and subtle
structure of Religion, which must be kept free from any kind of unhealthy
relationship.
"And when you
judge between man and man, judge with justice".
Quotation from the
Arabic
The Executive Power
The executive power must open up the
path towards the creation of an Islamic society. This is because of its special
importance as regards the putting into effect of Islamic ordinances and
regulations, so that just relationships can be attained in the governing of
society; and also because of the essential character of this vital question in
laying the foundations for the ultimate goal of life. Thus (the executive
power) is to be hedged about by every kind of intricate disciplinary
arrangement which may further the attainment of this goal, or negate any source
of anxiety from the Islamic viewpoint. The bureaucracy which was the offspring
of idolatrous rule is to be eliminated with severity, so that an executive
system of greater efficiency and increasing speed (of action) can come into
existence to deal with administrative undertakings.
The Public Media
The public media (radio-television) must
take their place in the process of development of the Islamic revolution, and
must serve in the propagation of Islamic culture. In this sphere they must look
for opportunities for a healthy exchange of differing ideas, and must
rigorously refrain from the propagation and encouragement of destructive and
anti-Islamic qualities (ideas).
In pursuance of the principles of this
law which recognize freedom and human dignity as the central point (lit:
frontispiece) of their objectives, and opens up the path of development and
perfection of man as the responsibility of all, the Islamic community must
elect sagacious and devout representatives, and exercise active supervision
over their work, to participate in the building up of the Islamic society. This
in the hope that in building the exemplary Islamic society they will succeed in
setting a pattern of self-sacrifice to all the people of the world.
"Thus we appointed
you a central nation that you might be witnesses to the people".
Quotation from the
Arabic
Representatives
The Council of Experts
(MAJLIS-e-KHEBREGAN), composed of representatives of the people, drew up the
Constitution on the basis of scrutiny of the draft proposed by the Government,
and of the proposals put forward by various groups. It contains 12 chapters and
175 articles. It was completed on the eve of the 15th century since the HEGIRA
of the great Prophet (God bless and preserve him) and the establishment of the
redeeming faith of Islam with the aims and motives described above, and in the
hope that this century will be the century of the rule of the world by the
oppressed, and the complete overthrow of the arrogant ones.
Sumber : http://www.iranchamber.com/government/laws/constitution
