Introduction

In the Name of Allah, Most Gracious, Most Merciful He sent aforetime our messengers with clear signs. And sent down with them the book and the balance (of right and wrong), that men may stand in justice.1 Introduction The constitution of the Islamic Republic of Iran is a declaration of the social, cultural, political, and economic foundations of the Iranian society based on Islamic principles and norms that reflect the heartfelt desire of the Islamic community. These fundamental desires are elaborated in the qualities of the great Islamic revolution of Iran, and the revolutionary process of the Muslim people, from the beginning to the victory; principles which were crystallized through the decisive and strong slogans of all segments of society. Now at the dawn of this great victory our nation longs wholeheartedly to realize this demand. The definitive characteristic of this revolution, apropos other uprisings of Iran during this century, is its ideological and Islamic nature. After experiencing the anti-despotic constitutional uprising and the anti-colonial uprising for the nationalization of oil, the Muslim nation of Iran learned the invaluable lesson that the specific and essential reason for the failure of these uprisings was the non-doctrinal quality of the struggles. Although the Islamic line of thinking and the leadership of the clerics have played an essential and fundamental role in these recent uprisings, the latter declined quickly because they departed from the authentic positions of Islam. As a result, the alert conscience of the nation, under the invaluable leadership of the source of religious emulation (marja’-e taqlīd) the exalted Grand Ayatollah Imam Khomeini, perceived the necessity for following the path of an authentic, doctrinal, and Islamic uprising. This time, his leadership provided a new momentum for the committed authors and intellectuals and the country’s defiant clerics who had always been in the forefront of massive uprisings. (The beginning of the recent uprising of the nation of Iran was in the year 1382 of the lunar Islamic calendar, agnate to 1341 of the solar Islamic calendar.) The Dawn of the Uprising The catalyst for the nation’s united movement was Imam Khomeini’s objection to an American scheme, “the White Revolution,” which was a step toward strengthening the foundations of tyranny and increasing Iran’s political, cultural, and economic dependency on world imperialism. The ensuing grand and bloody revolution of the Muslim community in the month of Khordad, 1342 [1963], was in fact the germination of this splendid and vast uprising. This strengthened and sealed the focal position of Imam as the embodiment of Islamic leadership. In spite of his exile from Iran as a result of his objections to the outrageous capitulation law (which ensured American advisers’ legal immunity), the firm ties between the Muslim community and the Imam remained intact. The Muslim nation, and especially the committees of intellectuals and the militant clerics, carried out their objectives amidst imprisonment, torture, exile, and execution.

1 The Qur’an, 57: 25. Henceforth all English translations of the Qur’an are cited from Abdullah Yusuf Ali, The Holy Qur’an (Beltsville, Maryland, 1989). 2 In the meantime, the conscientious segment of society was enlightening the rest of the population from the barricades of the mosques, the theological seminaries, and the universities. Inspired by the prolific and revolutionary doctrines of Islam, they struggled relentlessly to raise the level of the nation’s revolutionary consciousness, and ideological awareness. The despotic regime began suppressing the Islamic uprising by vehemently attacking the Islamic theological seminary Fayziye, the university, and all the other vital centers of the revolution, and committed the most cowardly and brutal acts in an attempt to escape the revolutionary anger of the people. Execution by firing squads and subjection to medieval torture and long prison terms were part of the price that our Muslim nation paid for its firm determination to continue the struggle. The Islamic Revolution was invigorated by the blood of hundreds of young, devout men and women who cried out “Allāho Akbar” (God is great) before the firing squads at dawn, or before succumbing to the enemy’s bullets in the streets and bazaars. Imam’s continuing messages and declarations [of support] on various occasions increased and expanded the level of awareness and determination of the Muslim com- munity. Islamic Government The concept of Islamic government, based on the governance of the jurisprudent (velāyat-e faqih), which was provided by Imam Khomeini at the height of the repression and oppression by the despotic regime, produced a clear and unifying goal among Muslim people. It opened the way for authentic Islamic doctrinal struggle, and further intensified the struggle of the committed Muslim militants both inside and outside Iran. The struggle continued on this path until finally the discontent and intense anger of the people as a result of internal pressure and state suppression on the one hand, and, on the other hand, the exposure of these actions at the international level through the actions of the clerics and the students, seriously weakened the foundations of the regime. Inevitably, the regime and its masters were forced to reduce the level of pressure and oppression and at least gave the impression of allowing political openness in the country; they had assumed these measures in hopes of preventing their inevitable downfall. But the agitated, conscious, and determined nation, under the decisive and unwavering leadership of Imam, continued with its unified uprising in a broad and inclusive manner. The Anger of the People On the 17 of Day 1356 [7 January 1978] the regime’s publication of an article insulting the holy honor of the clerics and Imam Khomeini in particular accelerated the movement and led to the volcanic explosion of anger across the nation. The regime tried to silence this uprising with bloodshed and violence, but this only caused more blood to gush into the veins of the Revolution. The renewed surge of fervor on every 7th and 40th memorial for the martyrs of the Revolution gave new life and an ever-increasing and unified warmth and vitality to this movement across the country. As people persevered, all the nation’s institutions were invigorated and took an active part in toppling the despotic regime through all-inclusive strikes and participation in street demonstrations. The widespread unity of men and women, from all social, religious, and political strata, was decisive. Women in particular had a visible and active presence at all the stages of this great campaign (jehād). Images that showed a mother embracing her child rushing toward the battleground and the barrels of machine guns were illustrative of the decisive and essential role that this great segment of society played in the struggle. 3 The Price Paid by the Nation The sapling of the revolution, nurtured by the blood of more than 60,000 martyrs and 100,000 wounded and disabled, and billions of tomāns2 of financial losses, finally bore fruit after more than a year and a half of unrelenting and continuous struggle amidst the cries of: “Independence, freedom, Islamic government!” This great uprising, which was achieved through faith, unity, and the decisiveness of the leadership, and the self-sacrifices of the nation, succeeded in annihilating the calculations, relations, and institutions of imperialism. The Iranian Revolution opened a new chapter in the [history] of mass popular revolutions in the world. The 21 and 22 of Bahman 1357 [12 and 13 February 1979] were the days of the collapse of the monarchic system when domestic tyranny, and the foreign dominance that relied on it, were crushed. With this great victory, the rise of the Islamic government that was the long desire of the Muslim people announced its final triumph. In the referendum of the Islamic Republic, the people of Iran, unanimously and in conjunction with the source of religious emulation (marja‘-i taqlid), Islamic scholars, and the leader, declared their final and determined decision for the establishment of the new system of the Islamic Republic. A 98.2 percent majority voted for the establishment of the Islamic Republic. At this time, the constitution of the Islamic Republic of Iran, as an articulation of the political, social, cultural, and economic relations and institutions of the society, was to open the way for affirming the foundations of the Islamic government and provide a new plan of governance raised on the ruins of the previous decadent system. The Form of Governance in Islam From the perspective of Islam, governance does not derive from the class position or dominance of a group or an individual. On the contrary, it is the crystallization of the political ideal of a nation with a common faith and perspective that must be organized so that in the process of its intellectual and ideological development it can carve out its path toward its ultimate goal (movement toward God). In the flow of its revolutionary evolution, our nation was cleansed of the dust and rust of the reign of decadence; it cleansed itself of the intellectual alien impurities. It returned to the authentic Islamic worldview and intellectual positions. Now it is determined to establish its exemplary model society (iswa) based on Islamic criteria. On these bases, the constitution’s calling is to actualize the ideological premises of the uprising and to create conditions where one can be raised with the exalted universal Islamic values. With respect to the Islamic content of the Iranian Revolution, which was a movement for the victory of all the oppressed people over their oppressors, the constitution prepares the ground for continuing this revolution at home and abroad. Specifically, it strives to expand international relations with other Islamic movements and people in order to pave the way for the formation of a single, universal community, in accordance with the Qur’anic verse, “Verily, this Brotherhood of yours is a single Brotherhood, and I am your Lord and Cherisher: therefore Serve Me (and no other)” (21: 92), to also assure that the continuous struggle for the emancipation of the deprived and oppressed nations of the world is strengthened.

2 One tomān consists of ten riyāls, the currency unit of Iran. 4 Considering the characteristics of this great uprising, the constitution is the guarantor that no kind of intellectual or social tyranny, or economic monopoly is instituted. It strives to break away from the system of tyranny and to hand over the destiny of people to themselves, in accordance with the Qur’anic verse, “He releases them from their heavy burdens and from the yokes that are upon them” (7: 157). In establishing, on the basis of ideological interpretation, political institutions and organs that are the basis of the society, the pious will take on the responsibility of governing and administering the country, in accordance with the Qur’anic verse, “My servants, the righteous, shall inherit the earth” (21: 105). Legislation that projects the criteria for the administration of society proceeds on the course of Qur’an and the sunna (tradition). Consequently, serious and meticulous supervision on the part of just, devout, and committed Islamic scholars is a necessary and definitive affair. The objective of government is to foster the human being in the direction of the divine order, in accordance to the Qur’anic verse, “And to Allah is the final goal (of all)” (24: 42), in order to prepare the grounds for the expression and blossoming of aptitudes for the purpose of manifesting the theomorphic dimensions of man (“Comport yourself after the conduct of God”). This objective cannot be attained unless all segments of society actively and extensively participate in the developmental process of the society. In regard to this orientation, the constitution prepares the background for all members of society to participate in all stages of political decision making as well as the making of decisions that shape their destiny. This is to assure that each person, in the process of human development, is involved with and assumes responsibility for growth, augmentation, and leadership; this is indeed the actualization of the governance of the oppressed on earth, in accordance with the Qur’anic verse, “And We wished to be gracious to those who were being depressed on the land. To make them leaders (in faith) and make them heirs” (28: 5). Governance of the Just Jurisprudent (Faqih) Based on the sovereignty of the command [of God] (velāyat-e amr) and continuous religious leadership (imāmat), the constitution prepares the background for the actualization of leadership by a qualified jurisprudent who is recognized as leader by the people (“Administration of affairs should be by those scholars who are learned in regard to God and that which He has permitted and that which He has forbidden”) this leadership protects various institutions against deviations in fulfilling their authentic Islamic responsibilities. Economy is a Means not an End In strengthening economic institutions, the principle is to satisfy the needs of human beings in the process of their development and growth. This is contrary to other economic systems that focus on the concentration and accumulation of wealth and on seeking profit. In the material schools of thought economy is an end in itself; consequently, at different stages of growth, economy becomes an element of destruction, decadence, and ruin. But in Islam, the economy is a means that is not expected to do anything except better facilitate reaching the goal. From this perspective, the economic plan of Islam is to provide apt conditions for the emergence of human beings’ various creativities. Consequently, it is the responsibility of the Islamic 5 government to secure equal and appropriate opportunities and employment for all individuals and to fulfill their needs so they can continue on the course of their progress. Women in the Constitution In establishing Islamic social institutions, human forces that have thus far been utilized in the service of the multifaceted foreign exploitation now reclaim their own genuine identity and human rights. In this process, it is natural that women, who up until this point have endured a greater degree of oppression under the despotic regime, should be granted more rights. The family is the primal unit of society and the essential center for the growth and grandeur of men. Compatibility in respect to beliefs and ideals is the fundamental principle in establishing a family, that is the essential ground for the course of humanity’s growth and development. It is among the responsibilities of the Islamic Republic to provide the conditions for attaining this goal. In accordance with this view of the family unit, women are emancipated from the state of being an “object” or a “tool” in the service of disseminating consumerism and exploitation, while reclaiming the crucial and revered responsibility of motherhood and raising ideological vanguards. Women shall walk alongside men in the active arenas of existence. As a result, women will be the recipients of a more critical responsibility and enjoy a more exalted and prized estimation in view of Islam. An Ideological Army In establishing and equipping the defense forces of the country, the focus shall be on maintaining ideology and faith as the foundation and the measure. Consequently, the Army of the Islamic Republic and the Islamic Pasdaran Revolutionary Corps are formed in accordance with the aforementioned objective. They will undertake the responsibility of not only guarding and protecting the borders, but also the weight of ideological mission, i.e. striving ( jehād) on the path of God and struggle on the path of expanding the sovereignty of the law of God in the world; in accordance with the Qur’anic verse: “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 Allah and your enemies” (8: 60). The Judiciary in the Constitution The judiciary in its preservation of the rights of the people, and in accordance with the line followed by the Islamic revolution, and in its prevention of deviations within the Muslim nation, plays a crucial role. Therefore, provisions must be made to create a judicial system that is based on Islamic justice and is composed of just judges who are aware of the precise criteria laid down in Islam. Given the sensitive nature of the judi- ciary and the need for its ideological correction, the judiciary must shun any unhealthy relations and connections. This is in accordance with the Qur’anic verse, “When you pass judgment among men, judge with fairness” (4:58). The Executive Power The executive power has special significance in the execution of laws and ordinances of Islam and in achieving just relations in society. The executive power also plays a vital role toward the ultimate goal of life and must usher in a new Islamic society. There- fore, any complicated system that would delay the achievement of such a goal or impede its attainment will be rejected 6 by Islam. Therefore, bureaucratic systems, which are born out of autocratic governments, will be severely rejected so that the executive system can function more speedily and efficiently in the fulfillment of its administrative duties. Mass-Communication Media The mass-communication media (radio, television), in the developmental process of the Islamic Revolution, must be utilized in the service of disseminating Islamic culture. Against this background, it must benefit from the altercations among sound ideas and must assiduously refrain from propagating and spreading destructive and anti-Islamic attributes. It is the responsibility of everybody to abide by the principles of this law, that considers the freedom and dignity of humankind to be its highest objective and facilitates the growth and development of man. It is necessary that the Muslim community actively participate in the construction of the Islamic society by electing competent and devout administrators and by continuously supervising their work. This is in anticipation of success in building the model Islamic society (iswa) which can become a blueprint and a witness for all the people of the world. This is in accordance with the Qur’anic verse “Thus have We made of you an ummah justly balanced, that ye might be witnesses over the nations” (2: 143). Representatives The Council of Experts, consisting of the representatives of the people, completed the task of writing the constitution based on the evaluation of the draft proposed by the government, as well as all the suggestions that came from different groups of people. The constitution, which consists of twelve chapters, and 175 articles, is completed in accordance with the aforementioned motives and objectives, at the dawn of the fifteenth century, after the migration of the Noble Prophet (Peace and blessing be upon him and his family) the founder of the liberating ideology of Islam. The constitution is written with the hope that this will be the century of the universal rule of the oppressed and the defeat of all the oppressors. In the Name of the Almighty God The Constitution of the Islamic Republic of Iran