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 movementwas 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.
1The Qur’an, 57: 25. Henceforth all English translations of the Qur’an are cited from Abdullah Yusuf Ali, The Holy
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
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.
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
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
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
Chapter 1: General Principles
Article 1: The government of Iran is an Islamic Republic, which the nation of Iran based on its long-held belief in the rule of the truth and the justice of the Qu’ran, and after its victorious
Islamic revolution, under the leadership of marja’-e taqlīd the exalted Grand Ayatollah Imam
Article 2: The Islamic Republic is a system based on the faith in:
1. one God (“There is no god but God”), the exclusive attribution of sovereignty and the
legislation of law to Him, and the necessity of surrender to His commands;
2. divine inspiration and its foundational role in the articulation of the laws;
3. resurrection and its constructive role in explanation of laws;
4. the justice of God in creation and legislation;
5. belief in the Imams (imamat), continuous leadership, and its fundamental role in the continuity of the Islamic Revolution;
6. the wondrous and exalted status of human beings and their freedom, which must be endowed with responsibility, before God. These are achieved through:
a. the continuous striving to reason (ejtehād) of qualified jurisprudents (foqahā) who possess the necessary qualifications based on the book (Qur’an) and the Traditions of the infallibles
(ma‘sumin), peace be upon them all;
b. the employment of sciences, technologies, and advanced human experience with the aim of their further development;
c. the negation of all kinds of oppression, authoritarianism, or the acceptance of domination, which secures justice, political and economic, social, and cultural independence and national unity.
Article 3: In order to achieve the objectives mentioned in Article 2, the Islamic Republic
government of Iran is obliged to use all of its resources in the following areas:
1. the creation of an apt environment for the development of ethical values based on faith, piety, and the struggle against all manifestations of corruption and decadence;
2. the increasing of public awareness in all areas through the correct use of the press, mass media, and other means;
3. free academic and physical education, at all levels for everyone; the facilitation and extension of higher education;
4. the fostering of a spirit of research, innovation, and originality in all areas of scientific, technological, cultural, and Islamic fields through the establishment of research centers and the encouragement of researchers;
5. the complete rejection of colonialism and the prevention of foreign influence;
6. the eradication of all kinds of tyranny, autocracy, and monopolization of power;
8. the participation of the general public in determining its own political, economic, social, and cultural destiny;
9. the elimination of all unjust forms of discrimination and the creation of just opportunities for everyone, in all spiritual and material areas;
10. the establishment of a correct administrative system and the elimination of unnecessary institutions;
11. the complete strengthening of the national defense, through universal military training, with the aim of securing the country’s independence, its territorial integrity, and its Islamic system;
12. the planning of a correct economic system according to Islamic measures in order to create prosperity and eliminate poverty; the removal of all forms of depravation in the areas of nutrition, housing, labor, and health; and the expansion of insurance;
13. the securing of self-sufficiency in sciences, technology, industry, agriculture, military affairs and other such matters;
14. the securing of all-inclusive rights for everyone, man and woman, and the creation of judicial security for everyone, equality for all before the law;
15. the cultivation and strengthening of Islamic brotherhood and general cooperation among the people;
16. the organization of the nation’s foreign policy based on Islamic criteria, fraternal
commitment to all Muslims, and unrestrained support for the impoverished people of the world.
Article 4: All civic, penal, financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic criteria. This principle governs all the articles of the constitution, and other laws and regulations. The determination of such compatibility is left to the Foqaha of the Guardian Council.
Article 53: During the absence (ghayba) of his holiness, the Lord of the Age, May God all
mighty hasten his appearance, the sovereignty of the command [of God] and religious leadership of the community [of believers] in the Islamic Republic of Iran is the responsibility of the faqīh who is just, pious, knowledgeable about his era, courageous, and a capable and efficient administrator, as indicated in Article 107.
Article 6: In the Islamic Republic of Iran, the country’s affairs must be administered by reliance
on the public vote, and through elections. These will include the election of the president, the deputies of the Islamic Consultative Assembly (Majles), the members of the councils, and other such institutions, or through a referendum in such instances as are determined in other articles of this document.
3 Article 5 (1979 Edition): In the Islamic Republic of Iran, during the absence (ghayba) of his holiness, the Lord of
the Age, May God all mighty hasten his appearance, the sovereignty of the command [of God] and religious leadership of the community [of believers] is the responsibility of the jurisprudent who is just, pious, courageous, knowledgeable about his era, and a capable administrator, and is recognized and accepted by the majority of people as leader. In case no jurisprudent receives such a majority, the leader or the Leadership Council, consisting of
Article 7: As the munificent Qur’an ordains: “They (conduct) their affairs according to these
commands, by mutual consultation” (42: 38) and “And consult them in the affairs” (3: 159), the
councils, the Islamic Consultative Assembly, the Guardian Council, the province of municipal and city councils and the district and village councils and so forth are the decision making and administrative organs of the country.
The constitution and the laws arising from it shall determine the manner of formation of these councils and the limits of their authority.
Article 8: In the Islamic Republic of Iran, inviting one to good, the promotion of virtue and the
prohibition of vice, is a general and concomitant responsibility of the people toward one another, the government toward the people, and the people toward the government. The conditions, boundaries, and nature of this relationship are set by the law. According to the Qur’an: “The believers, men and women, are protectors, one of another: they promote virtue, and prohibit vice” (9: 71).
Article 9: In the Islamic Republic of Iran, freedom, independence, unity, and territorial integrity
of the nation are inseparable from one another; the safeguarding of these is the responsibility of the government and each and every one in the nation. No individual, group, or authority has the right to damage, in the slightest way, the political, cultural, economic, and military independence of Iran and its territorial integrity, in the name of exercising freedom. And no authority is allowed to take away the legitimate freedoms, even through the establishment of laws and regulations, under the pretext of safeguarding the independence and sovereignty of the nation.
Article 10: The family is the foundational unit of the Islamic society. Therefore, all the laws,
regulations, and their corresponding politics must be in the direction of facilitating the establishment of the family, the protection of its sanctity, and the maintenance of its relations, based on Islamic law and ethics.
Article 11: According to the Qur’an: “Verily, this brotherhood of yours is a single brotherhood.
And I am your Lord and cherisher: therefore serve me” (21: 92), all Muslims form a single
nation and the government of the Islamic Republic of Iran is required to base its overall politics on the merging and unity of the Muslim nations. It must continuously strive to achieve the political, economic, and cultural unity of the Muslim world.
Article 12: The official religion of Iran is Islam and the Twelver Ja‘fari school of [shi‘ī] religion.
This principle shall remain eternally unchangeable. Other Islamic schools of thought, such as the
Hanafi, Shafi‘i, Maliki, Hanbali, and Zaydi, are deserving of total respect and their followers are
free to perform their own religious practices, religious education, and personal matters. They may practice their religious education, personal status, (marriage, divorce, inheritance, and bequest), in accordance with their own jurisprudence. The dispute over these matters is recognized in the courts. In any area where followers of these schools of thought are in the
majority, local regulations, within the domain of the council’s jurisdictions, are set according to
that school of thought so long as the rights of the followers of other schools of religion are maintained.
Article 13: Zoroastrian, Jewish, and Christian Iranians are considered the only recognized
They are free to exercise matters of personal status and religious education and they follow their own rituals.
Article 14: According to the Qur’an: “Allah forbids you not, with regard to those who fight you
not for (your) faith nor drive you out of your homes, from dealing kindly and justly with them.
For Allah loveth those who are just” (80: 8), the government of the Islamic Republic of Iran and
Muslims are required to treat the non-Muslim individuals with good conduct, in fairness and Islamic justice, and must respect their human rights. This principle is valid for those persons who have not conspired or acted against Islam and the Islamic Republic of Iran.
Chapter 2: The Language, Script, Calendar, and the Official Flag of the Country
Article 15: Persian is the official and common language and script of the people of Iran. The
documents, correspondence, official texts, and schoolbooks must all be in this language and
script. However, use of regional and ethnic languages in the press, the mass media, and the teaching of their literature at schools, alongside the Persian language, is freely permitted.
Article 16: Since Arabic is the language of the Qur’an and Islamic culture and scholar- ship, and since Persian literature is completely interwoven with it, Arabic must be taught after elementary school, until the end of high school, and in all classes and in all fields of study.
Article 17: The official calendar of the country is based on the date of the migration (622 CE) of the Prophet of Islam (God’s peace be upon him and his family). Both the solar and the lunar
calendars are valid. However, the operation of the governmental offices is based on the solar
calendar. The official weekly holiday is on Friday.
Article 18: The official flag of Iran is in the colors green, white, and red and has inscribed on it the special sign of the Islamic Republic and the slogan “God is Great.”
Chapter 3: Nation’s Rights
Article 19: The people of Iran enjoy equal rights, regardless of the tribe or ethnic group to which
they belong. Color, race, language, and other such considerations shall not be grounds for special privileges.
Article 20: Members of the nation, whether man or woman, are equally protected by the law.
They enjoy all the human, political, economic, social, and cultural rights that are in compliance with the Islamic criteria.
Article 21: The government must secure the rights of women in all respects, according to the
Islamic criteria. The government must do the following:
1. create an apt environment for the growth of woman’s personality and restore her material and spiritual rights;
2. protect the mothers, especially during the child-bearing and child-rearing periods, and protect children without guardians;
4. establish a special insurance for widows, elderly women, and women who are without guardians;
5. bestow the custody of children to qualified mothers, whenever in the interests of the children, and in the absence of a legal guardian.
Article 22: The dignity, life, property, rights, domicile, and occupations of people may not be violated, unless sanctioned by law.
Article 23: Investigation into one’s ideas is forbidden. No one can be subjected to questioning and aggression for merely holding an opinion.
Article 24: Publications and the press are free to discuss issues unless such is deemed harmful to
the principles of Islam or the rights of the public. The law shall determine the details of this exception.
Article 25: It is forbidden to inspect letters and to confiscate them, to disclose telephone conversations, to disclose telegraphic and telex communications, to censor them and to stop their delivery. It is forbidden to wiretap conversations. All forms of inspection are forbidden except according to law.
Article 26: The political parties, associations and trade unions, Islamic associations, or
associations of the recognized religious minorities are free to exist on the condition that they do not negate the principles of independence, freedom, national unity, Islamic criterion, and the foundation of the Islamic Republic. No one can be pre- vented from participation in these gatherings or forced to participate in one of them.
Article 27: Public gatherings and marches are allowed so long as the participants do not carry
arms and are not in violation of the fundamental principles of Islam.
Article 28: People are free to choose whatever profession they wish as long as this profession is
not against Islam, public interest, and the rights of others.
In considering the needs of society for different occupations, the government is required to provide favorable circumstances for the equal employment of all persons.
Article 29: It is a universal right to enjoy social security and have benefits with respect to
retirement, unemployment, old age, workers’ compensation, lack of guardianship, and destitution. In case of accidents and emergencies, everyone has the right to health and medical treatments through insurance or other means. In accordance with the law, the government is obliged to use the proceeds from the national income and public contributions to provide the abovementioned services and financial support for each and every one of the citizens.
Article 30: The government is responsible for providing the means for public education for
everyone up to the end of high school. It must expand free higher education until the point when the nation reaches self-sufficiency.
Article 31: Every Iranian individual and family has the right to have a dwelling that meets their
Article 32: No one can be arrested except in accordance with the rule and the procedures that are
set by the law. In the case of arrest, the charge and the reason for the arrest must be immediately conveyed and communicated to the defendant in writing. The preliminary file must be submitted
to qualified judicial authorities within twenty-four hours and the preliminaries for the trial must
be set as quickly as possible. Anyone who deviates from this principle will be penalized in accordance with law.
Article 33: No one can be exiled from his place of residence or prevented from staying in his
preferred location, or compelled to reside in a given location, except in instances that are determined by law.
Article 34: Seeking justice is the indisputable right of every individual. Anyone may have access to the qualified courts for this purpose. All members of the nation have the right of access to such courts. No one can be prevented from referring to courts to which they have a legal right of recourse.
Article 35: In all courts of law, the opposing parties to a dispute have the right to choose an
attorney for themselves. If they cannot afford to hire an attorney, they should be provided with the means to do so.
Article 36: The ratification and execution of a sentence may only be carried out through a qualified court and must be in accordance with law.
Article 37: Innocence is presumed. The law does not consider anyone guilty unless the person’s
guilt is proven at a qualified court.
Article 38: Torture, of any kind, in order to obtain confession or information is for- bidden. It is
not permissible to force someone to testify, confess, or swear an oath. Such a testimony, confession, or oath is worthless.
Anyone who deviates from this article shall be sentenced in accordance with law.
Article 39: All forms of violation against the honor and dignity of any person who is legally
arrested, detained, imprisoned, or sent into exile is prohibited and is subject to prosecution.
Article 40: No one can claim the exercise of his right as a pretext to harm others or to infringe
on the public interest.
Article 41: Citizenship of Iran is the indisputable right of every Iranian, and the government
cannot take this right away unless the person requests it or if he becomes the citizen of another nation.4
Article 42: Foreign nationals can become Iranian citizens within the limits set by the law. Their
nationality may be revoked if another nation offers them citizenship or that person demands such a revocation.
4 Persian is a gender-neutral language. This translation has been using the third-person pronoun “he” whereas in
Chapter 4: Economy and Financial Affairs
Article 43: In order to secure the economic independence of society, to uproot poverty and deprivation, to fulfill the needs of human beings in the process of growth, while also maintaining liberty, the economy of the Islamic Republic of Iran will be based on the following criteria:
1. providing the essential needs: housing, food, clothing, health, medical care, education, and the necessary provisions for the starting of a family for all;
2. providing the circumstances and opportunities for employment for everyone with the prospect of achieving full employment; making means of labor available to everyone who can work but does not have the means; this can be done through cooperatives, interest-free loans, or any other legitimate method that would not lead to the concentration and circulation of wealth in the hands
of specific individuals or groups, or turn the government into a large and absolute employer. The
application of these measures must take place with regard to the necessary factors; these steps must be taken with due regard for the necessities that determine public planning of the national economy at each stage of growth;
3. organizing the country’s economic plan in such a way that the form, content, and the working hours would leave each person, aside from his job-related occupations, sufficient time to invest in his own spiritual, political and social growth, to actively participate in the country’s leadership, and to cultivate his skills and sense of creativity;
4. respect for an individual’s freedom to choose an occupation; refraining from forcing an
individual to take a specific job; preventing the exploitation of another’s labor;
5. banning the causing of damage to others, monopoly, hoarding, usury, and other invalid and forbidden interactions;
6. banning extravagance and squandering in all areas related to the economy, such as consumption, investment, production, distribution, and services;
7. using science and technology, and training skilled individuals to meet the needs of the nation for advancement and development of the country’s economy;
8. preventing the economic dominance of foreigners in the national economy;
9. emphasis on increasing agricultural, livestock, and industrial productions that fulfill general needs and take the country to a stage of self-sufficiency, and emancipate it from dependence.
Article 44: The economic system of the Islamic Republic of Iran is based on three sectors: state,
cooperative, and private, and will be based on disciplined and correct planning.
The state sector includes all the national industries, foreign trade, major mines, banking, insurance, energy sources, dams and large water irrigation networks, radio and television, post, telegraph and telephone, aviation, navigation, roads, railroads, and others which are publicly
owned and under the state’s control.
The private sector is comprised of that sector of agriculture, animal husbandry, industry, trade, and services that complement the state and cooperative economic activities.
The law of the Islamic Republic protects ownership in these three sectors as long as it agrees with the other principles described in this chapter; and it must not surpass the limits set by Islamic law. Such ownership must induce development and growth in the country’s economy; and not cause any social harm. The details of the regulations, areas, and boundaries of the three sectors will be determined by law.
Article 45: The following are under the control of the Islamic government: wastelands and
public wealth, abandoned or unclaimed land of deceased owners, mines, seas, lakes, rivers, and other public bodies of water, mountains, valleys, forests, marshlands, natural prairies, unrestricted pastures, inheritance without any heir, wealth without any identified owner, and
public wealth that is confiscated from the usurpers. The Islamic government will treat these in
accordance with the public interest. The law shall determine the detail and manner of utilization of each of them.
Article 46: Everyone is the owner of the income from his own legitimate business and labor. No
one can, under the pretext of his own ownership, deprive another person from the opportunity to work.
Article 47: Private ownership through legitimate means is respected. The law shall determine its
criteria.
Article 48: There should be no discrimination among various provinces and regions in the
country in extracting natural resources and using national incomes, and in allocating economic activities to them. Each area according to its own needs and aptitude for growth should have access to the necessary capital and provisions.
Article 49: The government is responsible for confiscating illegitimate wealth resulting from
usury, usurpation, bribery, embezzlement, theft, gamble, misuse of Islamic government endowments, misuse of government contracts and transactions, uncultivated lands and others belonging to the public, houses of ill repute, and other illegitimate sources. The government shall pass on this wealth to the rightful owner and in case such an owner is not identified it must be deposited in the public treasury. This ruling must be carried out by the government after investigation, research, and proof through Islamic law.
Article 50: In the Islamic Republic it is considered a public duty to preserve the environment
where the present and the future generations may have an improved social life. Consequently, any activity, economic or other, that leads to the pollution of the environment or its irreparable damage will be forbidden.
Article 51: No form of taxation may be instituted except in accordance with law. Instances of
tax exemption and reduction are determined according to law.
Article 52: The annual budget of the country is prepared by the government, as deter- mined by law, and submitted for review and ratification to the Islamic Consultative Assembly. Any
Article 53: All the sums received by the government are deposited in the central treasury
accounts. And all the payments, within the limits of allocated credits, shall be reimbursed in accordance with law.
Article 54: The National Accounting Bureau is directly under the supervision of the Islamic
Consultative Assembly. The law shall determine the organization and management of its affairs in Tehran and capitals of the provinces.
Article 55: In the manner instituted by law, the Accounting Bureau monitors or audits all the
accounts of the ministries, organizations, state companies, and other bureaus that use the general budget of the country in some way. This is to ensure that no expenditure exceeds its approved allocation and that all sums are spent for their proper purpose. In accordance with the law, the Accounting Bureau will collect all relevant bills, records, accounts, and documents, and will submit a report on the annual budget differential, accompanied by its own comments to the Islamic Consultative Assembly. This report must be accessible to the public.
Chapter 5: The Right of National Sovereignty and its Ensuing Powers
Article 56: Absolute sovereignty over the world and the human being belongs to God. And it is
He who has made human beings sovereign over their social destiny. No one can take this divine right away from human beings or apply it to the interests of a special person or group. The nation exercises this God-given right in ways that are specified in the following articles.
Article 575: The governing powers in the Islamic Republic of Iran consist of the legislative, the
executive, and the judiciary powers. They operate under the supervision of the absolute authority of the command (velayat-i amr) and religious leadership (imamat) of the community of believers and according to the forthcoming articles of this law. These powers are independent of one another.
Article 58: The legislative power operates through the Islamic Consultative Assembly that
consists of the elected representatives of the people. Its legislatures, after going through stages
that will be specified in the following articles, are communicated for enforcement to the
executive and judiciary powers.
Article 59: In considering vital economic, political, social, and cultural issues, it is possible that
the legislative power be exercised through referendum or reference to direct public vote. The request to appeal to public votes must be approved by two-thirds of the entire representatives of the Assembly.
Article 606: The executive power is exercised by the President of the Republic and the ministers,
except in affairs that are directly delegated to the leadership by this law.
5
Article 57 (1979 Edition): The governing powers in the Islamic Republic of Iran consist of the legislative, the executive, and the judiciary powers. They are exercised according to the forthcoming articles of this law under the supervision of the authority of the command (velayat-i amr) and the continuous religious leadership (imamat) of the community of believers. These powers are independent of each other and the President of the Republic establishes the association among them.
6 Article 60 (1979 Edition): The executive power is exercised by the President of the Republic, the ministers, and the
Article 61: The judiciary power is exercised by the courts of justice that must be formed
according to Islamic criteria. The courts must attend to the evaluation and settlement of complaints, the preservation of public rights, and the expansion and administration of justice, and the upholding of the divine bounds.
Chapter 6: The Legislative Power
Part I: The Islamic Consultative Assembly (Majles)
Article 62: The Islamic Consultative Assembly consists of the representatives of the nation who
are elected directly and by secret ballot.
The law determines the qualifications of the electors and the elected and the manner of the elections.
Article 63: The term of representation in the Islamic Consultative Assembly is four years.
Elections for each term must be conducted before the previous term has ended so the country is never without an Assembly.
Article 647: There shall be 270 representatives in the Islamic Consultative Assembly. Every ten
years, after the referendum of the year 1368, having considered the demographic, political and geographic, and other factors, at the most twenty representatives can be added.
The Zoroastrians and the Jews each elect one representative; the Assyrian and Chaldean Christians elect one representative together; the Armenian Christians of the North and the South each elect one representative.
The law determines voting districts and the number of the representatives.
Article 65: After the elections are held, and when two-thirds of all representatives are present,
the Assembly is in session. The ratification of proposals and bills shall be carried out in
accordance with the internal protocol of the Assembly, except in instances where the constitution
has set a specific quorum.
The ratification of internal protocols requires the agreement of two-thirds of those present.
Article 66: The process of election of the president [of the Assembly], the governing council, the
number of commissions and their terms and issues, and matters relating to the proceedings and order of the Assembly should all be determined by its internal protocols.
Article 67: At the first session of the Assembly the representatives should take the following oath and add their signature to it.
7 Article 64 (1979 Edition): There shall be 270 representatives in the National Consultative Assembly. Every ten
years, if the population of the nation increases, at each voting district, one new representative will be added for each additional 150,000 people. Every ten years, if the population of each minority group increases, a new representative will be added for every additional 150,000 people.
In the Name of Allah, Most Gracious, Most Merciful
Before the holy Qur’an, and the Exalted and powerful God, I take an oath on God
the exalted and powerful. Relying on human dignity I pledge that I will be the guardian of the sanctity of Islam, and the protector of the achievements of the Islamic Revolution of the Iranian people, and the foundations of the Islamic Republic. I pledge to protect, as a just trustee, the trust that the nation has accorded to us; to abide by justice and virtue in performing the duties of a representative; to be always committed to the independence and advancement of the country, the protection of the rights of the nation, and the service to the people; to defend the constitution; to keep in my words, writings, and opinions the independence of the nation, the freedom of the people and the protection of their interest.
Representatives of religious minorities shall take this oath while mentioning their own holy book.
Representatives who are not present at the first session must observe the oath ceremony at the
first session they attend.
Article 68: At the time of war and military occupation of the country, upon the recommendation
of the President of the Republic, and with the approval of three-fourths of all the representatives, and the confirmation of the Guardian Council, elections may be delayed for a specified period of time nationwide or in the occupied areas. In the event that a new Assembly is not formed, the previous Assembly shall continue its work.
Article 698: The proceedings of the Islamic Consultative Assembly must be open to the public and a complete report must be disseminated to the public through radio and the official newspaper. In emergencies, upon the request of either the president, or one of the ministers, or ten representatives, a closed session may be formed if the security of the country requires such. The proceedings of the closed sessions are valid if they are approved, in the presence of the Guardian Council, by three-fourths of all the representatives. After the emergency situation is over, the reports and decisions of these sessions must be published for the awareness of all.
Article 709: The President of the Republic, his secretaries, his vice presidents, and the ministers,
individually or together, have the right to participate in the open sessions of the Assembly. They can be accompanied with their aids. If the representatives find it necessary, the ministers are
8 Article 69 (1979 Edition): The debates of the National Consultative Assembly must be open to the public and their
complete report must be disseminated to the public through radio and the official news- paper. In emergencies, upon the request of either the prime minister or one of the ministers or ten representatives, a closed session will be formed. The proposals of the closed session are valid if they are approved in the presence of the Guardian Council by three-fourths of the entire representatives. After the emergency situation is over, the reports and legislations of these sessions must become available to the public.
9 Article 70 (1979 Edition): The President of the Republic, the prime minister, and the ministers, individually or
together, have the right to participate in the open sessions of the Assembly. They can be accompanied by their aides.
If the representatives find it necessary, the President of the Republic, the prime minister, and the ministers are
obliged to attend; if they request it, their discussions will be heard. The invitation of the president to the Assembly must be approved by a majority.
Article 71: The Islamic Consultative Assembly can legislate laws on all issues within the limits
set by the constitution.
Article 72: The Islamic Consultative Assembly cannot legislate laws that contradict the canons and principles of the official religion of the country or the constitution. The Guardian Council is responsible for the evaluation of this matter, in accordance with Article 96.
Article 73: The Islamic Consultative Assembly is qualified to explain and interpret ordinary laws. The intention of this Article does not deprive the prosecutor in his attempt to elucidate the truth from interpreting law.
Article 74: Bills are submitted to the Assembly after they are approved by the Council of
Ministers. Drafts of Bills can be brought before the Islamic Consultative Assembly upon the recommendation of at least fifteen representatives.
Article 75: The legal proposals, suggestions, and amendments to the existing bills which lead to
reduction in public income or increase in public expenditure can only be introduced in the Assembly if they also specify how the reduction in income or increase in new expenditure is to be compensated.
Article 76: The Islamic Consultative Assembly has the right to investigate and evaluate all the
affairs of the nation.
Article 77: Treaties, transactions, contracts, and all international agreements must be ratified by
the Islamic Consultative Assembly.
Article 78: It is forbidden to make any changes in the country’s borders. The exception could be
minor adjustments, while the interests of the nation are kept in mind, and provided that these changes are not unilateral and harmful to the independence and territorial integrity of the
country. Such alterations must also be ratified by four-fifths of the total members of the Islamic
Consultative Assembly.
Article 79: It is forbidden to establish martial law. In a state of war or under an emergency or
other such circumstances the government has the right to temporarily establish such restrictions with the approval of the Islamic Consultative Assembly. However, martial law cannot last longer than thirty days. If the necessity for it still exists, the government must request renewed permission from the Assembly.
Article 80: Receiving and issuing national or international loans or grants by the government
must be ratified by the Islamic Consultative Assembly.
Article 81: It is absolutely forbidden to give foreigners the right to establish companies or
institutions in commercial, industrial, and agricultural fields, as well as in mines and in the service sector.
Article 82: The government cannot employ foreign experts, except in urgent situations and with
Article 83: Government buildings and properties that are considered national heritage are not
transferable except with the approval of the Islamic Consultative Assembly. This exception does not apply to rare and invaluable items.
Article 84: Every representative is accountable to the entire nation. He has the right to express
his opinion on all domestic and foreign affairs.
Article 8510: Membership in the Assembly is vested in an individual and cannot be delegated to
another person. The Assembly cannot allocate the power of legislation to a person or a commission. However, in urgent cases it can assign to its own internal commissions the power to legislate certain laws, in accordance with Article 72. In this case, the laws will be implemented experimentally and for a period of time that is specified by the Assembly. Their final approval will be determined by the Assembly.
Also the Islamic Consultative Assembly can, in accordance with Article 72, allocate to the government or appropriate commissions the task of permanent ratification of the articles of association of the state companies, institutions, and establishments or government-affiliated ones. In this case the decisions of the government must not differ from the principles and decrees
of the official religion of the country or the constitution; as indicated in Article 96, the Guardian
Council evaluates this matter. In addition, government decrees must not contradict the general laws and regulations of the country. As they are released for execution, they must be communicated to the head of the Islamic Consultative Assembly in order to be evaluated and determined in accordance with the aforementioned laws.
Article 86: Members of the Assembly, in fulfilling their duties as representatives, are completely free to express their opinion and decisions. They cannot be arrested or charged for views they have expressed in the Assembly or the votes they have cast in fulfilling their duties.
Article 8711: The President of the Republic must obtain a vote of confidence from the Assembly
for the Council of Ministers after it is formed and before any undertakings. On important or disputable matters, the president during his term can also request a vote of confidence from the Assembly for the Council of Ministers.
Article 8812: When at least one-fourth of the total members of the Islamic Consultative
Assembly asks a question from the president, or any one of the representatives asks a question from a responsible minister about his duties, the president or the minister are required to appear in the Assembly. The response of the president should not be delayed by more than a month and
10
Article 85 (1979 Edition): Membership in the Assembly is vested in an individual and cannot be delegated to another person. The Assembly cannot allocate the power of legislation to a person or a com- mission. However, in urgent cases it can assign to its own internal commissions the power to legislate certain laws, in accordance with Article 72. In this case, the laws will be implemented experimentally for a period of time that is specified by the
Assembly. Their final approval will be determined by the Assembly.
11Article 87 (prior to 1989 revisions): The Council of Ministers must obtain the Assembly’s vote of confidence after
it is formed and introduced and before any undertakings. On important or disputable matters it can also request the
Assembly’s vote of confidence.
12 12Article 88 (1979 Edition): In every case when a representative questions a minister in charge about any of his
that of the minister by more than ten days; except with a valid excuse so recognized by the Islamic Consultative Assembly.
Article 8913:
1. Members of the Islamic Consultative Assembly can interrogate the Council of Ministers, or
any individual minister on matters they find necessary. The inquiry can be presented to the
Assembly if it is signed by at least ten representatives.
The Council of Ministers or the minister in question must appear at the Assembly within ten days
after the inquiry is submitted, and answer the question, and ask for a vote of confidence from the
Assembly. If the Council of Ministers or the minister fail to appear at the Assembly, the representatives who posed the question shall provide the necessary explanation for their questioning. If the Assembly considers it appropriate, it will declare a vote of no-confidence.
If the Assembly does not give a vote of confidence, the Council of Ministers or the minister in
question will be removed. In both cases, the ministers in question cannot become members in the cabinet that is subsequently formed.
2. If at least one-third of the members of the Islamic Consultative Assembly question the President of the Republic in his capacity as head of the executive power and the nation’s administration, the president must attend the Assembly within a month and give sufficient explanation with regard to the issues. After hearing the members who are for or against the responses of the president, if a two-thirds majority of the members votes for the president’s lack of competence the procedures for applying part 10 of Article 110 will be communicated to the leader.
Article 90: Whoever has a complaint about the operations of the Assembly, the executive, or the
judiciary powers can submit his complaint in writing to the Islamic Consultative Assembly. The Assembly is responsible for investigating such complaints and providing sufficient responses to them. If the executive or the judiciary power are the subject of the complaint, the Assembly must
demand sufficient investigation and explanation from them, and it must announce the results in
due time. In cases that the complaint concerns the public, the results must be announced to the public.
Article 9114: An assembly named the Guardian Council is established in order to protect the
commands of Islam, and the constitution from discord with the proceedings of the Islamic Consultative Assembly. The Guardian Council has the following composition:
13
Article 89 (1979 Edition): Members of the Assembly can interrogate the Council of Ministers, or any individual
minister on matters they find necessary. The inquiry can be presented to the Assembly if it is signed by at least ten
representatives.
The Council of Ministers, or the minister under question must appear at the Assembly within ten days after the
inquiry is submitted, and answer the question, and ask for a vote of confidence from the Assembly. If the Council of
Ministers, or the minister, fail to appear at the Assembly, the representatives who posed the question shall provide the necessary explanation for their questioning. If the Assembly considers it appropriate, it will declare a vote of
no-confidence.
1. Six just Islamic jurisprudents who are conscious of the issues and needs of the time. These are selected by the leader.
2. Six legal scholars (hoquqdan), specialized in different fields of law, from among Muslim jurists who are presented by the head of the judiciary to the Islamic Consultative Assembly and are selected by the vote of the Assembly.
Article 92: Members of the Guardian Council are selected for six years, but in the first term,
once three years have passed, half of the members of the group will be changed by lottery and new members will be selected in their place.
Article 93: The Islamic Consultative Assembly does not hold any legal credibility without the
Guardian Council, except in approving the credentials of the representatives and the selection of six legal scholars (hoquqdan) who will become members of the Guardian Council.
Article 94: All legislation of the Islamic Consultative Assembly must be sent to the Guardian
Council, which must evaluate it within ten days to assure its compatibility with the constitution and the Islamic criteria. The Council must return the legislation to the Assembly for reconsideration if it is incompatible; otherwise, the legislation can be executed.
Article 95: In cases where the Guardian Council considers ten days insufficient for completing the evaluation and formation of an opinion, it can ask the Islamic Consultative Assembly for an extension of a maximum of ten days. The Guardian Council must state its reasons for the extension.
Article 96: The majority of the jurisprudents in the Guardian Council shall determine the
compatibility of the proceedings of the Islamic Consultative Assembly with the commands of Islam. A majority of all the members of the Guardian Council shall determine the compatibility of the proceedings with the constitution.
Article 97: In order to speed up the work, at the time of discussing a bill or a legal draft,
members of the Guardian Council can be present at the Assembly and listen to the discussions. However, when an urgent bill or draft is on the agenda of the Assembly, members of the Guardian Council must be present at the Assembly and express their opinion.
Article 98: The interpretation of the constitution is the responsibility of the Guardian Council.
This is determined with the approval of three-fourths of its members.
14
Article 91 (1979 Edition): An assembly named the Guardian Council is established in order to protect the commands of Islam and the constitution from disaccord with the legislation of the National Consultative Assembly. The Guardian Council has the following formation:
1. Six just Islamic jurisprudents, conscious of the issues and needs of the time. They are selected by the leader or the Leadership Council.
2. Six jurisprudents specialized in different fields of law, from among the Muslim jurists who are presented by the
Article 9915: The Guardian Council is responsible for supervising the elections of the Leadership
Council of Experts, the President of the Republic, the Islamic Consultative Assembly, and referrals to the public vote and referenda.
Chapter Seven: The Councils
Article 100: Councils are formed in order to, through the collaboration of the people, promptly
advance social, economic, developmental, public health, cultural, and educational programs as well as other welfare-related matters. The administrative affairs of each village, district, city, municipality, and province take place under the supervision of a council named the council of the village, district, city, municipality, and province. The members of the council are elected by the people of that locality.
The law determines the qualifications of the electors and those elected to the councils. The law
shall determine the range of powers and responsibilities of the councils, their supervising method, and their procedures, which must be based on the principles of national unity, territorial integrity, the system of the Islamic Republic, and must abide by the central government.
Article 101: The Supreme Council of the Provinces, consisting of the members of the councils
of the provinces, is formed in order to prevent discrimination and to promote collaboration in preparing programs for the welfare and development of the provinces, and to supervise the harmonious application of these programs. The law shall determine the manner of formation and the responsibilities of this council.
Article 102: The Supreme Council of the Provinces has the right to prepare drafts and propose
them to the Islamic Consultative Assembly directly or through the government, provided these are within the limits of its responsibilities. These drafts must be evaluated by the Assembly.
Article 103: The governors of the provinces, cities, and districts, as well as other officials of the country who are appointed by the government, must follow the decisions of the councils within the boundaries of the latter’s authority.
Article 104: Councils are formed in order to ensure Islamic justice and collaboration in planning
and establishing harmonious advancement of affairs in all units of production, industrial or agricultural. These councils shall consist of representatives of workers, farmers, and other employees and managers. In the educational, administrative, service, and other units, similar councils will be formed whose membership shall be composed of the same representatives.
The law determines how these councils shall be formed and what their powers and responsibilities will be.
Article 105: The decisions of the councils may not contradict the Islamic criteria and the laws of
the country.
Article 106: The councils cannot be annulled unless they deviate from their legal
responsibilities. The law determines who can investigate this deviation and how the councils can
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