News ID: 87

Date: 02 June 2021 - 15:51

Constitution of the Islamic Republic of Iran (full text)

The government of Iran is an Islamic Republic, established by the people based on their longstanding belief in the rule of Truth and Quranic Justice, following the victory of the Islamic Revolution led by the Grand Marja-e Taqlid Hazrat Ayatollah al-Uzma Imam Khomeini and voted upon with a 98.2% majority of eligible voters in a referendum held on the 10th and 11th of the month of Farvardin in the year 1358 of the solar Hijri calendar, equivalent to the 1st and 2nd of the month of Jamādi al-Ulā in the year 1399 of the lunar Hijri calendar [March 30-31, 1979 CE].

Iran Constitution (PDF)

In the Name of Allāh, the Most Compassionate, the Most Merciful

THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF IRAN

“Certainly We have sent Our Messengers with manifest proofs and sent with them the Book and the Scales [of Truth and Justice], so that mankind may establish Justice”

(Holy Quran, 57:25)

Preamble

The Constitution of the Islamic Republic of Iran elucidates the cultural, social, political and economic institutions of Iranian society on the basis of Islamic principles and criteria, reflecting the heartfelt aspirations of the Islamic Ummah.

The nature of the great Islamic Revolution of Iran and the course of the struggle of the Muslim people from the very beginning until its victory, as reflected in the unwavering and powerful slogans chanted by all sections of the people, have determined this fundamental aspiration. Now on the threshold of this great victory, our nation with all its being, seeks to achieve this.

The fundamental feature of this Revolution compared to other movements that have taken place in Iran in the past hundred years is its creedal and Islamic nature. Having experienced the anti-autocratic Constitutional Movement and the anti-colonialist movement that led to the nationalization of the oil industry, Iran’s Muslim people learned the valuable lesson that the fundamental and clear reason for the failure of those movements was their lack of a creedal basis.

Although the Islamic line of thought and the leadership of the combatant clergy played a major and fundamental role in those latter movements, they were quickly drawn into stagnation because the struggles moved away from genuine Islamic positions.

From this point, the awakened conscience of the nation with the leadership of the Grand Shia Marja[1] Hazrat Ayatollah al-Uzma Imam Khomeini, recognized the necessity of following the line of the genuine Islamic and creedal movement, and this time with his leadership, the country’s combatant clergy - who have always been at the forefront of popular movements - together with dedicated writers and intellectuals, found new impetus. (The recent movement of the Iranian nation began in the year 1382 of the lunar Hijri calendar coinciding with the year 1341 of the solar Hijri calendar.)

Dawn of the Movement

Imam Khomeini’s fierce protest against the American conspiracy of the “White Revolution” - which was a step to stabilize the foundations of the rule of despotism and to strengthen Iran’s political, cultural and economic dependence on world imperialism - created a united movement of the people and subsequently, the momentous and grand revolution of the Muslim nation in June 1963, which was the actual starting point of this glorious and widespread uprising, confirmed and consolidated the central role of Imam Khomeini as an Islamic leader.

Despite his exile from Iran after his objection to the disgraceful ‘law of capitulation’ (which gave American agents legal immunity), the strong bond between the Ummah and the Imam persisted and the Muslim nation - especially the dedicated intellectuals and combatant clergy - continued their struggle in the face of exile, imprisonment, torture and execution.

Meanwhile, the mindful and conscientious segment of society enlightened the people in the strongholds of mosques, Islamic seminaries and universities and, inspired by the revolutionary and prolific school of Islam, began an untiring and fruitful effort to raise the consciousness and revolutionary and creedal vigilance of the Muslim nation.

The taghuti[2] regime, which had begun to suppress the Islamic movement through brutal attacks on the Feyziyeh[3], universities and the effervescent centers of revolution, resorted to the most desperate and ruthless measures to evade the revolutionary fury of the people, and here the firing squads, medieval tortures and long-term prisons were the price paid by our Muslim nation as a sign of its iron will to continue the struggle.

The blood of hundreds of young and faithful men and women who shouted "Allah-u Akbar!" in the execution grounds at dawn, or who were shot at by the enemy in the streets and marketplaces, nourished the Islamic Revolution. In the meantime, Imam Khomeini’s successive statements and messages on various occasions broadened and deepened the consciousness and resolve of the Muslim Ummah more than ever.

Islamic Government

The design of Islamic government based on the Wilayat-ul Faqih[4], which was proposed by Imam Khomeini at the height of the despotic regime’s oppression and suffocation, created a new specific and integrated motive for the Muslim people and opened up the true path of Islamic creedal struggle, which intensified the struggle of combatant and dedicated Muslims both in the country and abroad.

On such a course, the movement continued until at last the popular dissatisfaction and extreme fury of the people caused by the growing repression at home and exposition and projection of the struggle at the international level by the combatant clergy and university students fiercely shook the foundations of the regime and the regime and its sponsors were forced to reduce the intensity of repression and to introduce the so-called opening of the political atmosphere of the country, imagining that it would serve as a safety valve and prevent their inevitable downfall.

But the indignant, conscious and determined people, with the firm and unwavering leadership of the Imam, began their triumphant and unified uprising in a widespread and nationwide manner.

Anger of the People

The publication of an offensive article against the sanctity of the clergy and Imam Khomeini in particular by the ruling regime on the 17th of Dey, 1356 (January 7, 1978) accelerated the movement and caused an outburst of popular indignation throughout the country. The regime tried to contain the people’s volcanic anger by brutally suppressing the protests, but this only gave the revolution more momentum, and the commemorations of the martyrs of the revolution on the 7th and 40th days of their martyrdom, like a series of steady heartbeats, gave more vitality, warmth, and ever-increasing fervor to this movement across the country.

In the continuation of this popular movement, all governmental organizations actively participated in the overthrow of the despotic regime by holding general strikes and taking part in street demonstrations.

The broad solidarity and participation of men and women from all walks of life and from all political and religious factions played a remarkably decisive role in the struggle. Women in particular, had a visibly active and extensive presence in all the scenes of this great Jihad. Scenes of mothers rushing to the battlefield with infants in their arms, facing machine guns, signified the crucial and decisive role of this large segment of society in the struggle.

Price Paid by the Nation

After more than a year of continuous and unremitting struggle, the sapling of the revolution - which had been watered with the blood of more than 60,000 martyrs and 100,000 wounded and disabled, and had left behind huge financial losses - came to fruition amidst the cries of “Independence! Freedom! Islamic Republic!”.

This great movement, which achieved victory by relying on faith, unity, the decisiveness of its leadership at all critical and sensitive points and the self-sacrificing spirit of the people, succeeded in destroying all the calculations of imperialism and its relations and institutions, thus opening a new chapter in the history of the great popular revolutions of the world.

The 21st and 22nd of the month of Bahman in the Iranian calendar year of 1357 (February 12 and 13, 1979) were the days when the foundation of the monarchical regime collapsed and the domestic despotism and foreign domination that relied on it were shattered, and this great triumph heralded the dawn of the Islamic government that had been the long-cherished desire of the Muslim people and brought the glad tidings of final victory.

The Iranian nation, in a referendum on the Islamic Republic in which the Marja-e Taqlid, Ulama[5] and the Leader participated, unanimously and decisively declared their final decision to establish a new political system, namely the Islamic Republic, with a majority of 98.2% of the people voting in favor of it.

Now the Constitution of the Islamic Republic of Iran, which will determine the political, social, cultural and economic institutions and relations in society, must open the way for the consolidation of the foundations of the Islamic government and offer a plan for the new system of government to be built on the ruins of the previous taghuti system.

Method of Governance in Islam

According to Islam, government does not arise from class status or the domination of an individual or group. Rather, it manifests the political ideal of a nation with a common faith and a common outlook that organizes itself in order to initiate the process of intellectual and ideological evolution towards the ultimate goal, which is to move towards Allāh (swt).

In the course of its revolutionary development, our nation was cleansed of the dust and rust from the era of taghuti rule, purified itself of foreign ideological influences and returned to the original Islamic standpoints and worldview. The nation now aims to establish a model society on the basis of Islamic criteria.

In accordance with such a basis, the mission of the Constitution is to manifest the creedal grounds of the movement and to create conditions in which man is nourished with the noble and universal values of Islam.

Taking into account the Islamic content of the Iranian Revolution, which was a movement for the victory of all the Mustadha'fīn[6] over the Mustakbirīn, the Constitution lays the foundation for the continuation of the Revolution at home and abroad, and in particular strives for the development of international relations with other Islamic and popular movements to pave the way for the formation of a single global Ummah (in accordance with the verse from the Holy Quran: “Indeed this Ummah of yours is one Ummah, and I am your Lord, so worship Me”[21:92]) and to consolidate the struggle for the salvation of all the deprived and oppressed nations of the world.

Taking into account the essence of this great movement, the Constitution guarantees the rejection of all forms of intellectual and social despotism and economic monopoly, and strives on the path of breaking away from the despotic system and entrusting the destinies of the people to themselves (in accordance with the verse from the Holy Quran: “He will relieve them of their burdens and of the shackles that weigh upon them” [7:157]).

Consistent with this creedal outlook in establishing political institutions and foundations, which are the basis for formation of society, the righteous will assume the responsibility of governing and administering the country (in line with the verse from the Holy Quran: “The righteous among My worshipers shall inherit the earth” [21:105]) and legislation, which establishes the criteria for social management, will be in accordance with the Quran and the Sunnah.

Therefore, meticulous and serious supervision by just, pious and dedicated scholars of Islamic law (‘just fuqaha’[7]) is ineludible and necessary.  Because the purpose of government is to foster the growth of man in his movement towards the establishment of a divine order (in accordance with a verse from the Holy Quran: “[A]nd to Allāh is the final return”[3:28]) and to create the conditions for the blossoming of man’s capacity for the manifestation of his Divine dimensions (in accordance with a Hadith from the Holy Prophet (sawas): “Be equipped with the morality of God”) - this cannot be achieved without the active and broad participation of all segments of society in the process of social development.

In view of this orientation, the Constitution lays the foundation for such participation by all members of society in all stages of political and fateful decision-making, so that on the path of the human movement towards perfection, everyone participates and take responsibility for growth, ennoblement and leadership, which is the realization of the rule of the Mustadha'fīn on earth (“And we desired to show favor to those abased in the land and to make imams and to make them heirs” [28:5]).

Wilayat of the Just Faqih

The Constitution - in accordance with the principle of Wilayat-ul Amr[8] and perpetual Imamate[9] - lays the foundation for the leadership of a fully qualified faqih, who is recognized as leader by the people (based on the Hadith: “Those in charge of people’s affairs are scholars whose knowledge comes from the source of the Revelation and who are trustworthy in matters concerning what Allāh has made halāl and harām”) to ensure that there will be no deviation by the various organizations [of government] from their genuine Islamic duties.

Economy a Means, Not an End

What is important in strengthening economic foundations is the satisfaction of human needs in the course of humanity’s growth and evolution, not the concentration and accumulation of wealth and profiteering as in other economic systems, because in materialistic schools, the economy is considered as an end in itself, and therefore it becomes a destructive, corrupt and degenerative factor in the stages of growth.

[But] in Islam, the economy is a means and nothing is expected of a means other than to be efficient in achieving the end. From this point of view, Islam’s economic program provides the necessary grounds for the emergence of various human creativities and the Islamic government is charged with providing all individuals with equal and appropriate opportunities and employment to satisfy their basic needs so that they may continue moving towards perfection.

Woman in the Constitution

With the establishment of Islamic social foundations, human resources that were previously at the service of multifaceted foreign exploitation will regain their true identity and human rights, and in this process the granting of rights to women will naturally be greater as they have suffered greater oppression under the taghuti regime.

The family is the basic unit of society and the main center for the growth and elevation of humans, and in the establishment of a family, the compatibility of beliefs and ideals - which is the primary basis for humanity's movement towards development and growth - is the most essential principle and the provision of the necessary facilities to achieve this goal is one of the duties of the Islamic government.

In such a vision of the family, the woman is no longer an object or an instrument at the service of promoting consumerism and exploitation, but she regains her momentous and respected duty of motherhood and raising creedal pioneers and she herself becomes a colleague in active fields of life along with men, and as a result she will assume more vital responsibilities and will have a higher value and dignity from the Islamic point of view.

Creedal Armed Forces

The main consideration in establishing and equipping the country’s defense forces is that faith and creed must be the basis and criteria. Therefore, the Army of the Islamic Republic of Iran and the Islamic Revolution Guards Corps (IRGC) shall be organized in accordance with the above-mentioned goal, and they shall be responsible not only for securing and protecting the country’s borders, but also for fulfilling the ideological mission of Jihad in the path of God and fighting to expand the sovereignty of God’s law in the world (in accordance with the verse of the Holy Quran: “Mobilize against them whatever you can of power and war-horses, awing thereby the enemy of Allāh and your enemy and others after them” [8:60])

The Judiciary in the Constitution

The issue of justice with regard to safeguarding the rights of people in accordance with the Islamic movement’s path is of vital importance in order to prevent any deviations within the Islamic Ummah. Therefore, provision has been made for the establishment of a judicial system based on Islamic justice and composed of judges who are just and have precise knowledge of Islamic laws. Given its fundamentally sensitive nature and the need to ensure its ideological integrity, this system must be free from any kind of unhealthy relations and connections (in accordance with the verse from the Holy Quran: “And when you judge between people, that you judge with justice.” [4:58])

The Executive Branch of Government

In view of its special importance in implementing Islamic laws and regulations to achieve just and appropriate relations in society, and in view of its vital role in preparing the ground for the attainment of the ultimate goal of life, the Executive Branch must pave the way for the creation of an Islamic society.

Consequently, its confinement by any kind of complicated and obstructive system that delays or hinders the attainment of this goal is rejected by Islam. Hence, the system of bureaucracy - which is the outcome and product of taghuti rules - will be firmly rejected in order to create an executive system with more efficient operation and greater speed in the fulfillment of administrative obligations.

Mass Communication Media

In accordance with the evolutionary course of the Islamic Revolution, the mass communication media (radio and television) must be at the service of promoting Islamic culture, using the healthy exchange of different ideas for this purpose, while strictly refraining from disseminating and spreading destructive and anti-Islamic qualities.

It is incumbent upon all to adhere to the principles of such a law, which has as its supreme goal the freedom and dignity of humanity and provides for the growth and development of mankind, and it is necessary for the Muslim Ummah to actively participate in building the Islamic society by choosing competent and pious officials and constantly monitoring their performance in the hope of succeeding in creating an exemplary Islamic society that can serve as a model and example for all people of the world (in accordance with the verse of the Holy Quran: “Thus We have made you the middle Ummah that you may be witness to the people” [2:143])

Representatives

The Majlis of Experts (or Assembly of Experts), formed from the representatives of the people, completed the task of compiling the Constitution based on the draft proposed by the Government and all the proposals submitted by various groups of people, consisting of 175 articles arranged in twelve chapters[10], at the dawn of the 15th century after the Hijra  of the Holy Prophet (sawas), founder of the liberating school of Islam, and in accordance with the above-stated goals and aspirations, hoping that this century will witness the global rule of the Mustadha'fīn and the defeat of all Mustakbirīn.

In the Name of Allāh, the Most Compassionate, the Most Merciful

Chapter 1

General Principles

Article 1

The government of Iran is an Islamic Republic, established by the people based on their longstanding belief in the rule of Truth and Quranic Justice, following the victory of the Islamic Revolution led by the Grand Marja-e Taqlid Hazrat Ayatollah al-Uzma Imam Khomeini and voted upon with a 98.2% majority of eligible voters in a referendum held on the 10th and 11th of the month of Farvardin in the year 1358 of the solar Hijri calendar, equivalent to the 1st and 2nd of the month of Jamādi al-Ulā in the year 1399 of the lunar Hijri calendar [March 30-31, 1979 CE].

Article 2

The Islamic Republic of Iran is a government on the basis of the belief in:

1-     The One God (La ilaha illa Allāh) to whom sovereignty and divine legislation belongs exclusively and the necessity of submitting to His commands.

2-     Divine revelation and its fundamental role in articulating laws.

3-     Resurrection and its constructive role in the course of man’s perfection and his movement towards God

4-     God’s justice in creation and divine legislation

5-      Perpetual imamat and its essential role in the continuation of Islam’s revolution

6-     Man’s kerāmat[11] and noble value and freedom together with man’s responsibility before God

Which through:

- Continuous ijtīhād[12] by fully qualified Muslim jurists based on the Quran and Sunnah of Household of the Prophet and the Infallibles (sawas)

- Employment of sciences, technologies and advanced results of human experiences and striving to further advance them

- Rejection of all forms of oppression, submission to oppression, domination and acceptance of domination,

Which brings about political, economic, social and cultural independence as well as qist[13], adl[14] and national solidarity.

Article 3
In order to achieve the objectives set out in Article 2, it is incumbent upon the Government of the Islamic Republic of Iran to employ all its capacities to:

1- Create an environment conducive to the development of moral virtues based on faith, taqwa[15] and to fight against all manifestations of corruption and degeneration.

2- Elevate public awareness in all areas through the proper use of the press, mass media and other means.

3- Provide free education and edification, physical training for everyone at all levels and to facilitate and expand higher education.

4- Nurture the spirit of inquiry, exploration and innovation in all scientific, technical, cultural and Islamic fields through establishment of research centers and the encouragement of researchers.

5- Completely reject imperialism and to prevent the infiltration of foreigners with full determination.

6- Eliminate all forms of despotism, tyranny and monopolism.

7- Ensure political and social freedoms within the limits of the law.

8- Ensure the participation of the general public in determining their own political, economic, social and cultural destiny.

9- Eliminate unjust discrimination and create equal opportunities for all in all material and spiritual domains.

10- Create a proper administrative system and eliminate unnecessary bureaucratic organizations.

11- Fully strengthen national defense power through public military training in order to safeguard the country’s independence, territorial integrity and Islamic government.

12- Establish the foundation of a correct and just economic system in accordance with Islamic standards to promote welfare, eliminate poverty and eradicate all kinds of deprivation in the areas of nutrition, housing, labor, health and insurance services.

13- Achieve self-sufficiency in science and technology, industry, agriculture, military affairs and similar fields.

14- Provide all people, both men and women, just judicial security and equality of all before the law.

15- Expand and fortify Islamic fraternity and collective ta’avon[16] among all people.

16- Organize the country’s foreign policy on the basis of Islamic criteria, brotherly commitment to all Muslims and unfaltering support for the Mustadha'fīn of the world.

Article 4

All civil, penal, financial, economic, administrative, cultural, military, political laws and other laws and regulations must be based on Islamic criteria.

This principle prevails over itlaq or umum (general statements) of all articles of the Constitution and all other laws and regulations, and it is vested within the powers of the fuqaha of the Shura-ye Negahban[17] to ascertain this.

Article 5

In the Islamic Republic of Iran during the time of occultation of Hazrat Vali-e Asr (aj), Wilayat-ul Amr and Imamate of the Ummah is the responsibility of the just and pious faqih, [who is] fully aware of the circumstances of the times and is courageous, who is a manager and is resourceful assuming this responsibility in accordance with Article 107.

Article 6

In the Islamic Republic of Iran, the affairs of the state must be conducted by relying on public opinion expressed through elections: such as the election of the President, members of Majlis, members of shuras and the like, or through referenda specified in the relevant articles of this Constitution.

Article 7

In keeping with the command of the Holy Quran: “(They conduct) their affairs by mutual shura [consultation]”[42:38] and “[C]onsult with them upon the conduct of affairs,” [3:159], shuras [councils] such as the Islamic Shura Majlis, provincial, county, city, region, district, and village shuras and the like are among the pillars of decision-making and management of the country. The cases, manner of formation and scope of jurisdiction and authorities of the shuras shall be determined by this Constitution and laws derived from it.

Article 8

In the Islamic Republic of Iran, inviting to what is good, enjoining what is virtuous and forbidding what is evil, are the universal and reciprocal duties of people toward one another, the government toward the people, and the people toward the government. Its conditions, limits and quality shall be determined by law (“The believing men and believing women, are awliyā of one another, enjoining what is virtuous and forbidding what is evil” [9:71]).

Article 9

In the Islamic Republic of Iran, freedom, independence, unity and the territorial integrity of the country are inseparable and it is incumbent upon the government and on every person to preserve them.

No individual, group or official is authorized to undermine Iran’s political, cultural, economic and military independence and territorial integrity in the slightest form under the pretext of exercising freedom and no official is authorized to deprive mashru’[18] freedoms, albeit by enacting laws and regulations, in the name of preserving the country’s independence and territorial integrity.

Article 10

Since the family is the fundamental unit of Islamic society, all relevant laws, regulations and planning must facilitate the formation of the family, preserve its sanctity and consolidate family ties based on Islamic rights and morality.

Article 11

As commanded by the blessed verse [of the Holy Quran] “Indeed, this Ummah of yours is one Ummah and I am Your Lord, so worship Me”[21:92], all Muslims are one Ummah and it is the duty of the government of the Islamic Republic of Iran to base its general policy upon the of making alliances and unifying Muslim nations and to make constant efforts to realize the political, economic and cultural unity of the Muslim world.

Article 12

The official religion of Iran is Islam and the Ithnā Asharī Ja’farī madhhab[19] and this principle is forever unchangeable.

Other madhāhīb, including Hanafi, Shafi’i, Maliki, Hanbali and Zaydi enjoy full respect and their followers are free to practice their religious rites based on their own fiqh.

These madhāhīb are officially recognized in religious education and in personal status (marriage, divorce, inheritance and wills) and related legal proceedings.

In any region where followers of each of these madhāhīb constitute the majority, the local regulations within the jurisdiction of the local shuras shall be in accordance with that madhhab, provided that the rights of the followers of other madhāhīb are protected.

Article 13

Iranian Zoroastrians, Jews and Christians are the only recognized religious minorities who are free to perform their religious rites within the scope of the law and who shall act upon their own religion regarding [matters of] personal status and religious teachings.

Article 14

By the command of the blessed verse [of the Holy Quran] “Allāh does not forbid you regarding those who did not make war against you on account of [your] religion and did not expel you, that you deal with them equitably, surely Allāh loves the equitable” [60:8], it is the duty of the government of the Islamic Republic of Iran and Muslims to treat non-Muslims with good morals and Islamic qist [equity] and adl [justice] and respect their [basic] human rights. This principle applies only to those who do not conspire and act against Islam and the Islamic Republic of Iran.

Chapter 2

Language, Script, History and Flag

Article 15

The Persian [Farsi] language and script are the official and common language and script of the Iranian people.

Official documents, correspondence and texts as well as school textbooks must be in this language and script but using local and ethnic languages in the press and mass media and in the teaching of their literature along with the Persian language in schools, is permitted.

Article 16

Since the language of the Holy Quran and Islamic sciences and wisdom is Arabic and Persian literature is completely interwoven with it, Arabic must be taught after the elementary level until the end of the secondary level in all classes and subjects.

Article 17

The beginning of the country’s official calendar is the Hijra (migration) of the Prophet of Islam (sawas) and both the solar and lunar Hijri calendars are recognized, but government offices operate on the solar Hijri calendar. Friday is the official weekly holiday.

Article 18

Iran’s official flag is in the green, white and red colors and bears the special emblem of the Islamic Republic and the maxim “Allah-u Akbar”.

Chapter 3

The Rights of the People

Article 19

The people of Iran, no matter what ethnicity or tribe they belong to, all have equal rights and color, race, language and the like do not result in any special privileges.

Article 20

All of the people - including both men and women - are under the protection of the law and enjoy all human, political, economic, social and cultural rights in accordance with Islamic criteria.

Article 21

It is the duty of the government to ensure the rights of women in all areas in accordance with the Islamic criteria and to take the following measures:

1. Create suitable conditions for the development of women’s character and the revival of their material and spiritual rights.

2. Support mothers, especially during pregnancy and child-rearing and provide support for children without a guardian.

3. Establish competent courts for the protection and preservation of the family.

4. Provide special insurance for widows, elderly women and women without support.

5. Grant the guardianship of children to worthy mothers when there is no legal guardian in order to safeguard the children’s interests.

Article 22

The dignity, life, property, rights, home and occupation of people are inviolable, except for the cases authorized by the law.

Article 23

Inquisition into (people’s) beliefs is forbidden, and no one should be harassed or scolded simply for holding a certain belief.

Article 24

Publications and the press are free to express views, provided that they do not violate the principles of Islam or public rights, the details of which shall be determined by law.

Article 25

Inspecting letters and refusing to deliver them, recording and disclosing telephone conversations, disclosing telegraph and telex communications, censorship, refusing to transmit and convey them, eavesdropping and any kind of covert investigation are forbidden except in cases ordered by law.

Article 26

Parties, societies, political and guild associations, Islamic associations and those belonging to recognized religious minorities are free (in their activities) provided that they do not violate the principles of independence, freedom and national unity, Islamic criteria, and the foundation of the Islamic Republic. No one may be prevented from joining them or forced to join one of them.

Article 27

Holding public gatherings and marches, without carrying weapons, is allowed provided that they do not violate the fundamental principles of Islam.

Article 28

Everyone has the right to choose the profession they like, provided that it does not violate Islam, public interests, and the rights of others. It is the responsibility of the Government to provide employment opportunities for all taking into account society’s need for different jobs and to create equal conditions for obtaining employment.

Article 29

It is a universal right to benefit from social security with regard to retirement, unemployment, old age, disablement, absence of guardianship, being stranded, accidents and mishaps and the need for health and medical services through insurance and other means. It is the responsibility of the Government using public revenues and public contributions, to provide the above-mentioned services and financial assistance to every citizen of the country on the basis of the relevant laws.

Article 30

It is the responsibility of the Government to provide the means for free education for all citizens up to the completion of high school, and the means for higher education to the extent necessary for the country to attain self-sufficiency.

Article 31

Every Iranian individual and family has the right to have a home that meets their needs. It is the responsibility of the government - giving priority to those who are more in need, especially villagers and workers - to prepare the way for the implementation of this article.

Article 32

No one may be arrested except by order of the law and in the manner prescribed by the law. In the event of arrest, the accused must be immediately informed in writing of the charge and the reasons for the arrest, and the initial file must be submitted to the competent judicial authorities within a maximum of 24 hours, and the preliminaries of the trial must be prepared as soon as possible. Those who violate this article shall be punished in accordance with the law.

Article 33

No one may be exiled from his place of residence, forbidden to reside in a place of his choice, or compelled to reside in a place, except in the cases determined by the law.

Article 34

Seeking justice is the inalienable right of every person, and everyone may appeal to courts of competent jurisdiction to seek justice. All citizens have the right of access to these courts and no one may be prohibited from seeking recourse to a court to which he is entitled by law.

Article 35

In all courts of law, the parties to a dispute have the right to select an attorney and if they cannot afford one, arrangements must be made so that they can have an attorney.

Article 36

Sentencing and execution of a sentence may only be carried out by a court of competent jurisdiction and in accordance with the law.

Article 37

Innocence is presumed, and no one is presumed guilty by the law unless and until proven guilty by a court of competent jurisdiction.

Article 38

Any form of torture for the purpose of obtaining a confession or information is prohibited. Forcing a person to testify, confess or swear an oath shall not be permitted, and such testimony, confession or oath (taken under torture) shall be worthless and of no value. Those who violate this article shall be punished in accordance with the law.

Article 39

Any violation of the honor and dignity of a person arrested, detained, imprisoned or exiled in accordance with the law is prohibited and punishable.

Article 40

No one may turn the exercise of their rights into a means of harming others or violating public interests.

Article 41

Iranian citizenship is an inalienable right of every Iranian, and the government cannot deprive any Iranian of this right unless he or she requests it or takes the citizenship of another country.

Article 42

Foreign nationals can acquire Iranian citizenship within the limits of the law, and the revocation of their citizenship is possible if another state accepts them as citizens or they themselves request it.

Chapter 4

The Economy and Financial Affairs

Article 43

In order to ensure the economic independence of society, eradicate poverty and depravation and in order to meet the needs of people in the process of growth, while also guaranteeing their freedom, the economy of the Islamic Republic of Iran is based on the following criteria:

1-     Meeting the basic needs of housing, food, clothing, health, medical care, education and necessary facilities to start a family for all.

2-     Providing the conditions and facilities for all to work with the aim of achieving full employment, making means of labor available for those who are able to work but lack the necessary means, in the form of cooperatives, granting interest-free loans or any other shari’a compliant means that will neither lead to the concentration and accumulation of wealth in the hands of a few individuals and groups nor will let the State become the large absolute employer. This should be done with due regard for the necessities of general planning for the country’s economy in each stage of growth.

3-     Organizing the country’s economic plan in such a way that the form, content and hours of work are such that each individual, in addition to his endeavors at work, has enough time and energy for spiritual, political and social development, for active participation in the management of the country’s affairs and for improving his skills and creativity.

4-     Ensuring the freedom to choose an employment, not forcing people to engage in a particular employment, and preventing the exploitation of another person’s employment.

5-     Prohibition of causing damage to others, monopoly, hoarding, usury, and other invalid and harām transactions.

6-     Prohibition of wastefulness and extravagance in all areas related to economy, including consumption, investment, production, distribution and services.

7-     Using sciences and technologies and training skilled individuals as needed for the development and progress of the country’s economy.

8-     Preventing foreign domination of the country’s economy.

9-     Laying emphasis on increasing agricultural, livestock and industrial productions to meet public needs and to bring the country to self-sufficiency and freedom from dependence.

Article 44

The economic system of the Islamic Republic of Iran is based upon the three state, cooperative and private sectors with organized and accurate planning. The state sector includes all major and key industries, foreign trade, large mines, banking, insurance, power generation, dams and major irrigation networks, radio and television, post, telegraph and telephone, aviation, shipping, roads, railways, and the like of them that are publicly owned and managed by the state.

The cooperative sector consists of corporations and cooperatives involved in production and distribution that are established in cities and villages in accordance with Islamic criteria.

The private sector includes those parts of agriculture, animal husbandry, industry, trade and services that complement the economic activities of the state and cooperatives.

Ownership in these three sectors is legally protected by the Islamic Republic of Iran as long as it is in accordance with other articles of this chapter, does not violate the limits of Islamic laws, contributes to the economic growth and development of the country, and does not cause losses to society. The details of the regulations and the scope and conditions of the activities of each of the three sectors shall be determined by law.

Article 45

Anfāl[20] and public wealth and properties, including mawāt[21] or abandoned lands, mines, seas, lakes, rivers and other public waters, mountains, valleys, forests, marshlands, natural prairies, postures that are not restricted, inheritance without heirs, properties whose owners are unknown, and public properties recovered from usurpers shall be at the disposal of the Islamic government to use in accordance with the public interest. Details and the ways of using each of them shall be specified by law.

Article 46

Everyone is the owner of the income earned from his or her legitimate work and business and no one can deprive another person of the opportunity to work and do business under the pretext of ownership of his or her work and business.

Article 47

Private ownership acquired through mashru’ means is respected. The related criteria are determined by law.

Article 48

There should be no discrimination in the exploitation of natural resources and the use of national revenues at the provincial level and in the distribution of economic activities among the provinces and regions of the country, so that each region can have access to the necessary capital and facilities commensurate with its needs and capacity for growth.

Article 49

It is the responsibility of the Government to confiscate wealth acquired through usury, usurpation, bribery, embezzlement, theft, gambling, exploitation of waqf [endowed] properties, exploitation of government contracts and transactions, sale of mawāt lands and other main mubāhāt[22], establishment of places of corruption and other illegitimate means and return it to its rightful owner or give it to the Bayt-ul Māl[23] if the owner is not known. This rule must be implemented by the Government with due consideration, investigation and determination of truth based on Islamic law.

Article 50

In the Islamic Republic, protection of the environment, in which present and future generations should enjoy growing social life, is considered a public duty. Therefore, economic and other activities that involve pollution of the environment or irreparable damage to it are prohibited.

Article 51

No tax shall be levied except in accordance with the law. Cases of tax exemption, relief and reduction shall be determined by law.

Article 52

The annual budget of the country is prepared by the Administration [Executive Branch] and submitted to the Islamic Shura Majlis for review and approval in accordance with law. Any change in the figures of the budget shall also be made in accordance with the procedures established by law.

Article 53

All of the sums received by the Government shall be deposited in the accounts of the General Treasury and all reimbursements shall be made within the limits of approved credits in accordance with law.

Article 54

The country’s Supreme Audit Court is under the direct supervision of the Islamic Shura Majlis. The organization and administration of its affairs in Tehran and the provincial capitals shall be specified by law.

Article 55

The country’s Supreme Audit Court shall, in the manner prescribed by law, examine or audit all the accounts of the ministries, institutions, state enterprises and other organizations that in any way use the country’s general budget, in order to ensure that no expenditure exceeds the approved allocations and that every sum is spent for the intended purpose. The Supreme Audit Court shall, in accordance with law, collect the relevant accounts, records and documents and submit an annual budget settlement report in addition to its own comments to the Islamic Shura Majlis. This report must be made available to the public.

Chapter 5

The Peoples’ Right of Governance and the Powers Derived From This

Article 56

Absolute sovereignty over the world and human belongs to God and He has made humans sovereign over their own social destiny.  No one can deprive humans of this divine right or subordinate it to the interests of a particular individual or group. The people shall exercise this divine right in the manner set forth in the following articles.

Article 57

The governing powers in the Islamic Republic of Iran include: the Legislative, the Executive and the Judiciary branches, which operate under the supervision of the Wilayat-ul Mutlaqah[24]-ul Amr and Imamate of the Ummah in accordance with the [forthcoming] articles of this Constitution. These branches of government are independent of each other.

Article 58

The Legislative branch operates through the Islamic Shura Majlis, which is composed of the elected representatives of the people and whose legislation, after passing through the stages specified in the following articles, shall be communicated to the Executive and Judiciary branches for implementation.

Article 59

In very important economic, political, social and cultural matters, the Legislative power may be exercised through referendum and directly referring to people’s vote. A motion to refer a matter to people’s vote must be approved by two-thirds of the members of the Majlis.

Article 60

The Executive Branch - except in those matters directly entrusted to the Leader by this Constitution - operates through the President and the Cabinet Ministers.

Article 61

The Judiciary operates through courts of law, which must be established according to Islamic criteria and work to adjudicate and settle disputes, protect public rights, expand and uphold justice, and to implement Divine hudud [corporal punishments].

Chapter 6

The Legislative Branch

Section 1

Article 62

The Islamic Shura Majlis[25] shall consist of the representatives of the nation elected directly by secret ballot. The qualifications of voters and candidates and the manner of holding elections shall be determined by law.

Article 63

The representative [legislative] term in the Islamic Shura Majlis is four years. The elections in each term must be held before the end of the previous term so that the country shall at no time be without an Majlis.

Article 64

The number of members of the Islamic Shura Majlis shall be 270 and taking into account human, political, geographical and similar factors, the number of Majlis members [MMs] may be increased by not more than 20 every ten years from the date of the referendum held in the solar Hijri calendar year of 1368 [1989].

Zoroastrians and Jews shall each elect one representative, Assyrian and Chaldean Christians shall jointly elect one representative, and Armenian Christians in the north and in the south shall each elect one representative to the Majlis.

The boundaries of the constituencies and the number of representatives (for each constituency) shall be determined by law.

Article 65

After the elections are held, the sessions of the Islamic Shura Majlis shall be official when two-thirds of the total number of members are present.

Bills and laws shall be adopted in accordance with the Internal Statute approved by the Majlis, except in cases where the Constitution has established a specific quorum. The approval of the Internal Statute shall require the affirmative vote of two-thirds of the MMs present.

Article 66

The Internal Statute of the Islamic Shura Majlis shall determine the manner of election of the Speaker and the members of the Presiding Board, the number of committees and their term of office, as well as matters related to discussions and maintaining order in the Majlis.

Article 67

At the first session of the Majlis, the members must take the following oath and affix their signatures to the text of the oath:

“In the Name of Allāh, the Most Compassionate, the Most Merciful. I, in the presence of the Glorious Quran, swear by God the Almighty and the Exalted, and pledge on my human honor, to protect the sanctity of Islam and safeguard the achievements of the Islamic Revolution of the Iranian nation and the foundations of the Islamic Republic, to protect as a just trustee, the rust that has been entrusted to us by the nation, to remain trustworthy and observe piety in fulfilling my duties as a representative, to always be committed to the independence and exaltation of the country and the protection of the rights of the nation and service to the people, to defend the Constitution and to remain mindful of the independence of the country, the freedom of the people and the protection of their interests in my statements, writings and the expression of my views.”.

Representatives of religious minorities shall take this oath referring to their own divine book. Members who are not present at the first session must perform the oath-taking ceremony during the first session they attend.

Article 68

In times of war and military occupation of the country, the elections in the occupied regions or in the whole country shall be postponed for a certain period of time on the proposal of the President, approved by three-fourths of the MMs and confirmed by the Shura-ye Negahban. If a new Majlis is not formed, the former Majlis shall continue to function.

Article 69

The deliberations of the Islamic Shura Majlis have to be open and the full report of them shall be made known to the public through the radio or the official gazette.

In emergency conditions, if safeguarding the security of the country necessitates it, a closed session is held at the request of the President, one of the cabinet ministers or ten members of the Majlis. The decisions taken in closed session shall be valid only if they are approved, in the presence of the Shura-ye Negahban, by three-fourths of the members of the Majlis. The reports of the closed sessions and their approvals shall be made available to the public after the emergency conditions cease to exist.

Article 70

The President, Vice-Presidents and Cabinet Ministers have the right to attend the open sessions of the Majlis collectively or individually and may also be accompanied by their advisors and if the members of the Majlis consider it necessary, the Cabinet Ministers are obliged to attend [the session] and whenever they request, their remarks shall be heard.

Section 2

Article 71

The Islamic Shura Majlis may legislate on all matters within the limits set by the Constitution.

Article 72

The Islamic Shura Majlis cannot pass laws that contradict the principles and rules of the official religion of the country or the Constitution. It is the responsibility of the Shura-ye Negahban to ensure this, in accordance with Article 96.

Article 73

The explanation and interpretation of ordinary laws fall within the competence of the Islamic Shura Majlis. The intent of this Article does not preclude the prosecutor’s interpretation of the law in determining the truth.

Article 74

Government bills are submitted to the Majlis after being approved by the Cabinet of Ministers, and Majlis member bills may be submitted to the Majlis for consideration at the request of at least 15 MMs.

Article 75

Majlis bills and MMs’ proposals and amendments to Government bills that result in a decrease in public revenues or an increase in public expenditures may be considered in the Majlis provided that the means for compensating for the decrease in income or for covering the new expenditures are also specified.

Article 76

The Islamic Shura Majlis has the right of investigation and inquiry into all the affairs of the country.

Article 77

International treaties, conventions, contracts and agreements must be ratified by the Islamic Shura Majlis.

Article 78

Any change in the boundaries of the country is forbidden, except for minor amendments (made) while preserving the interests of the country and provided that they are not unilateral, do not violate the independence and territorial integrity of the country, and are ratified by four-fifths of the total members of the Islamic Shura Majlis.

Article 79

The imposition of martial law is prohibited. In the event of war or a similar emergency, the Government shall have the right, with the approval of the Islamic Shura Majlis, to temporarily impose the necessary restrictions, the duration of which shall not exceed thirty days. If the necessity continues (beyond thirty days), the Government shall be obliged to seek the approval of the Majlis again.

Article 80

The receipt and granting of domestic or foreign loans or gratuitous grants by the Government must be ratified by the Islamic Shura Majlis.

Article 81

It is absolutely forbidden to grant concessions to foreigners for the establishment of companies and institutions engaged in commercial, industrial, agricultural, mining and services fields.

Article 82

The Government is prohibited from employing foreign experts except in necessary cases and with the approval of the Islamic Shura Majlis.

Article 83

State-owned buildings and properties that are part of the national heritage cannot be transferred to others except with the approval of the Islamic Shura Majlis and only if they are not among unique treasures.

Article 84

Every Member of Parliament is responsible to the whole nation and has the right to express his or her views on all of the domestic and foreign affairs of the country.

Article 85

Membership (in the Majlis) is vested in the individual and cannot be transferred to another person. The Majlis may not delegate the legislative power to any person or committee, but in cases of necessity, it may delegate the power to legislate certain laws to its internal committees in accordance with Article 72. In this case, the laws shall be implemented on an interim basis for a period of time to be determined by the Majlis and their final approval shall rest with the Majlis.

The Majlis may also, in accordance with Article 72, delegate to the related committees the responsibility for the permanent approval of the statutes of organizations, companies and institutions belonging to or affiliated with the Government, or give the Government the authority to approve them. If so, the Government approvals must not be inconsistent with the principles and rules of the official religion of the country or the Constitution, and the Shura-ye Negahban shall determine this, in accordance with Article 96.

Moreover, the Government approvals must not be contrary to the laws and general regulations of the country, and in addition to promulgating them for implementation, they must be brought to the knowledge of the Speaker of the Islamic Shura Majlis to study and confirm that they are not contrary to the laws.

Article 86

In carrying out their duties as representatives, MMs are completely free in expressing their opinions and casting their votes and they cannot be prosecuted or arrested for the opinions they express in the Majlis or the votes they cast in carrying out their duties as representatives.

Article 87

The President must obtain a vote of confidence from the Majlis for the Cabinet of Ministers after it is formed and before taking any other action. During his term, the President may also seek a vote of confidence from the Majlis for the Cabinet of Ministers on important and controversial issues.

Article 88

Whenever at least one-fourth of the total number of the MMs submit a question to the President, or whenever a MM submits a question to a Cabinet Minister concerning one of his or her duties, the President or the Minister shall appear before the Majlis and answer the question. The answer may not be delayed for more than a month in the case of the President and ten days in the case of the Minister, unless there is a valid excuse accepted by the Islamic Shura Majlis.

Article 89

1- Members of the Islamic Shura Majlis may impeach the Cabinet of Ministers or any of the Ministers if they deem it necessary.

A motion of impeachment may be submitted if it bears the signatures of at least ten MMs. The Cabinet of Ministers or the impeached Minister must appear before the Majlis within ten days of the submission of the impeachment motion to answer it and to seek a vote of confidence. If the Cabinet of Ministers or the Minister in question does not attend the Majlis, the members who submitted the impeachment motion shall provide the necessary explanations about the impeachment and the Majlis shall declare a vote of no confidence if it deems it necessary. If the Majlis does not pass a vote of confidence, the Cabinet of Ministers or the impeached Minister is dismissed. In both cases, the impeached Ministers may not be part of the next Cabinet of Ministers formed immediately thereafter.

2- If at least one-third of the members of the Islamic Shura Majlis impeach the President regarding the fulfilment of his responsibilities relating to the management of the Executive Branch and the running of the executive affairs of the country, the President must appear before the Majlis within one month after the submission of the impeachment motion and give sufficient explanations regarding the matters raised. If, after hearing the statements of the members who are for or against (the impeachment) and the reply of the President, two-thirds of the MMs declare a vote of no confidence, this will be communicated to the Leader for information and implementation of Section 10 of Article 110 of the Constitution.

Article 90

Anyone who has a complaint about the work of the Majlis, the Executive or the Judiciary Branches may submit it in writing to the Majlis. The Majlis shall investigate the complaint and give an adequate response. If the complaint concerns the Executive or the Judiciary Branches, the Majlis shall demand from them a proper investigation of the matter and an adequate explanation and shall announce the results in due time and if the subject of the complaint relates to the public, the answer shall be made public.

Article 91

In order to safeguard the rules of Islam and the Constitution by ensuring that the laws passed by the Islamic Shura Majlis do not contradict them, a council known as the Shura-ye Negahban shall be formed with the following composition:

1-     Six fuqaha who are just and conscious of the present-day needs and the issues of the day. They shall be selected by the Leader.

2-      Six jurists specializing in different fields of law. They shall be elected by the Islamic Shura Majlis from among Muslim jurists introduced to the Majlis by the Head of the Judiciary.

Article 92

The members of the Shura-ye Negahban shall be elected for a term of six years. But during the first term, after three years, half of the members of each group shall change by lot, and new members shall be elected in their place.

Article 93

The Islamic Shura Majlis has no legal status without the existence of the Shura-ye Negahban, except for the approval of the credentials of the members (of the Majlis) and the election of the six jurists of the Shura-ye Negahban.

Article 94

All laws passed by the Islamic Shura Majlis shall be sent to the Shura-ye Negahban. After receiving it, the Shura-ye Negahban, within a maximum of ten days, must review the legislation in terms of its compatibility with the criteria of Islam and the Constitution, and if it finds the legislation incompatible, it shall return it to the Majlis for review. Otherwise, the legislation shall be considered enforceable.

Article 95

In cases where the Shura-ye Negahban deems ten days to be insufficient to examine and formulate an opinion, it may request the Islamic Shura Majlis to grant an extension of a maximum of ten days. The Shura-ye Negahban must state the reason for the requested extension.

Article 96

The compatibility of the laws passed by the Islamic Shura Majlis with the rules of Islam is determined by the majority vote of the fuqaha of the Shura-ye Negahban, and their compatibility with the Constitution is determined by the majority vote of all the members of the Shura-ye Negahban.

Article 97

In order to speed up the legislative process, the members of the Shura-ye Negahban may attend the Majlis and listen to the debates on a government or Majlis bills. However, if there is an urgent Majlis or government bill on the agenda of the Majlis, the members of the Shura-ye Negahban must attend the Majlis and express their views.

Article 98

The interpretation of the Constitution is vested in the Shura-ye Negahban and it shall be done with the approval of three-fourth of its members.

Article 99

The Shura-ye Negahban is responsible for monitoring the elections of the Leadership Experts Majlis, the President, and the Islamic Shura Majlis, as well as issues that are put to a direct vote of the people and referenda.

Chapter 7

The Shuras

Article 100

In order to expeditiously advance social, economic, developmental, health, cultural and educational programs and other matters of public welfare with the cooperation of the people according to local needs, the administration of each village, district, city, county and province shall be supervised by a shura known as the village, district, city, county or provincial shura, the members of which shall be elected by the people of the locality.

The qualifications for the eligibility of voters and candidates, the functions and powers, the manner of election, the jurisdiction, and the hierarchy of authority of the shuras shall be determined by law in accordance with the principles of national unity, territorial integrity, the system of the Islamic Republic and loyalty to the central government.

Article 101

A Supreme Shura (Council) of the Provinces shall be formed, composed of representatives of the Provincial Shuras, to prevent discrimination and ensure cooperation in the preparation of development and welfare programs for the provinces and to supervise their coordinated implementation. The law shall determine how this shura shall be formed and what its responsibilities shall be.

Article 102

The Supreme Shura of the Provinces has the right to draft bills within its prerogative and submit them to the Islamic Shura Majlis directly or through the Government. These bills must be reviewed by the Majlis.

Article 103

Provincial governors, city governors, district governors and other government-appointed officials of the country must obey the decisions of the shuras made within their prerogative.

Article 104

In order to ensure Islamic justice and cooperation in the preparation of programs and to create harmony in the conduct of affairs in all production, industrial, and agricultural units, shuras will be formed consisting of representatives of workers, peasants and other employees and managers, and in educational, administrative, and service units and the like, shuras will be formed consisting of representatives of these units. The law shall determine how these shuras are formed as well as the scope of their responsibilities and powers.

Article 105

The decisions of the shuras must not contradict the criteria of Islam and the laws of the country.

Article 106

The shuras may be dissolved only if they deviate from their legal duties. The law shall specify the body responsible for determining such deviation and how the shuras shall be dissolved and reconstituted. If a Shura objects to its dissolution, it shall have the right to appeal to a competent court, and the court must consider its appeal out of turn.

Chapter 8

Leader or Leadership Shura

Article 107

The Leadership Experts Majlis - after the eminent Marja-e Taqlid and great leader of Islam’s universal revolution and founder of the Islamic Republic of Iran, Ayatollah-al Uzma Imam Khomeini who was acknowledged and accepted as a Marja and Leader by the vast majority of the people - these Experts elected by the people shall be entrusted with the task of designating the Leader.

The experts of the Leadership Majlis shall examine and discuss all the fuqaha who possess the qualifications referred to in Articles 5 and 109. If they come to the conclusion that one of them is the most knowledgeable in Islamic rulings and the subjects of fiqh or in political and social issues or enjoys general popularity or has special distinction in any of the qualifications mentioned in Article 109, they shall elect him as the Leader or otherwise they shall elect and declare one of them as the Leader.

The Leader elected by the Experts shall assume the Wilayat-ul Amr and all the responsibilities arising from it. The leader shall be equal before the law to the rest of the people of the country.

Article 108

During the first term, the law specifying the number and qualifications of the Experts and the manner of their election, as well as the Internal Statute regulating their meetings, shall be prepared and ratified by the majority of votes of the fuqaha of the first Shura-ye Negahban, and then approved by the Leader of the Revolution.

After that, the Leadership Majlis shall have the authority to make any amendments or revisions to this law or to approve any other provisions concerning the duties of the Experts.

Article 109

Essential Qualifications and Attributes of Leader:

1- Having the scholarly qualification required for issuing fatwas in different fields of fiqh.

2- Having the justice and piety necessary for the leadership of the Islamic Ummah.

3- Having the right political and social discernment, ingenuity, courage, management qualities and the necessary leadership ability.

If there are more than one person having the above-mentioned qualifications, preference shall be given to the person with the better fiqhi and political discernment.

Article 110

Responsibilities and Powers of Leader:

1- Determining the general policies of the Islamic Republic of Iran after consultation with the Expediency Council[26].

2- Supervising the proper execution of the general policies of the State.

3- Issuing the decree for referenda.

4- Commanding the Armed Forces.

5- Declaring war and peace and mobilizing the Armed Forces.

6- Appointing, dismissing and accepting the resignation of:

i.            Fuqaha of the Shura-ye Negahban

ii.            Highest-ranking official of the Judiciary (Judiciary Chief)

iii.            President of the Islamic Republic of Iran Broadcasting (IRIB)

iv.            Chief of Staff of the Armed Forces.

v.            Commander of the Islamic Revolution Guards Corps.

vi.            High-ranking commanders of the military and police forces.

7- Resolving differences between the three branches of government and coordinating their relations.

8- Resolving through the Expediency Council the problems of the State that cannot be settled via conventional proceedings.

9- Signing the decree of the President after his election by the people. The qualification of candidates for the Presidency with regard to the conditions specified in the Constitution must be confirmed before elections by the Shura-ye Negahban and in the first term by the Leader.

10- Dismissing the President with due attention to the interests of the country after the Supreme Court finds him guilty of violating his constitutional duties or after the Islamic Shura Majlis votes to establish his incompetence based on Article 89 of the Constitution.

11- Pardoning or reducing the sentences of convicts, within the framework of Islamic criteria, upon the recommendations of the Judiciary Chief.

The Leader may delegate some of his responsibilities and powers to another person.

Article 111

Dismissal of Leader

If the Leader becomes incapable of fulfilling his legal duties or loses any of the qualifications referred to in Articles 5 and 109 or it is found that he did not possess some of the qualifications from the beginning, he shall be removed from office. Jurisdiction in this matter is vested in the Experts specified in Article 108.

In the event of the death, resignation or removal of the Leader, the Experts are responsible for designating and appointing a new Leader as soon as possible.

Until the new Leader is introduced, a shura consisting of the President, the Judiciary Chief, and one of the fuqaha of the Shura-ye Negahban, selected by the Expediency Council, shall provisionally assume all of the duties of the Leader, and if during this period one of them is unable to fulfill the duties for any reason, another person shall be appointed in his place, while maintaining the majority of the fuqaha (in the shura).

This council shall act with respect to the duties referred to in Paragraphs 1, 3, 5, and 10 and Sections (iv), (v), and (vi) of Paragraph 6 of Article 110, upon the approval of three-fourths of the members of the Expediency Council. Whenever the Leader, due to his illness or any other event, temporarily becomes unable to perform the duties of leadership, the council mentioned in this Article shall assume his duties during that time.

Article 112

The Convention for the Expediency Discernment of the State (“Expediency Council”) shall meet, upon the order of the Leader, to determine the expediencies of the State in cases where the Shura-ye Negahban finds a bill passed by the Islamic Shura Majlis to be contrary to the criteria of the sharia’ or the Constitution and the Majlis fails to meet the expectations of the Shura-ye Negahban, and also to consult on any issue referred to it by the Leader, and to perform other duties mentioned in this Constitution.

The Leader shall appoint the permanent and non-permanent members of the Expediency Council. The rules of the Expediency Council shall be drawn up and approved by the Expediency Council members and confirmed by the Leader.

Chapter 9

The Executive Branch

Section 1

Article 113

After the Leader, the President is the highest-ranking official in the country and has the responsibility of implementing the Constitution and acting as the head of the Executive Branch, except in matters directly related to the Leadership.

Article 114

The President is elected by direct popular vote for a four-year term and may be re-elected for only one consecutive term.

Article 115

The President shall be elected from among religious and political rijal who have the following qualifications: Iranian origin, Iranian nationality, managerial capabilities and ingenuity, a clean record, trustworthiness and piety, faith and belief in the tenets of the Islamic Republic of Iran and the country’s official madhhab.

Article 116

Candidates for the Presidency must officially declare their candidacy prior to the commencement of the election. The manner in which the President is elected shall be determined by law.

Article 117

The President is elected by an absolute majority of the votes cast. However, if no candidate receives such a majority in the first round, a second round is held on the Friday of the following week. Only the two candidates who received the most votes in the first round will participate in the second round. However, if some of the candidates who received the most votes in the first round withdraw from the election, the two candidates who received more votes than the others will be presented as candidates for the second round.

Article 118

The responsibility of supervising the presidential election, according to Article 99, lies with the Shura-ye Negahban, but until the first Shura-ye Negahban is established, it is the responsibility of a supervisory body to be determined by law.

Article 119

The election of a new President must be held no later than one month before the termination of the outgoing President’s term and the outgoing President shall perform the presidential duties in the interim period between the election of the new President and the end of the outgoing President’s term.

Article 120

If one of the candidates whose qualification has been established in accordance with this Constitution dies within ten days before the date of the election, the election shall be postponed for two weeks. If one of the candidates who received the most votes dies between the first and second rounds of voting, the period for holding the election shall be extended by two weeks.

Article 121

The President shall take the following oath and add his signature to it at a session of the Islamic Shura Majlis held in the presence of the Judiciary Chief and the members of the Shura-ye Negahban:

“In, the Name of Allāh, the Compassionate, the Merciful, as President, I swear by God the Almighty the Exalted, before the Holy Quran and the Iranian nation, that I will protect the country’s official religion, the establishment of the Islamic Republic, and the country’s Constitution, will devote all my abilities and capacities to fulfilling the responsibilities that I have assumed, will devote myself to serving the people, uplifting the country, promoting religion and morality and supporting the truth and justice, will refrain from any form of despotism, will protect the freedom and dignity of the citizens and the rights granted to them by the Constitution, will spare no effort to protect the country’s borders and its political, economic and cultural independence, and by seeking the help of God and following the Prophet of Islam and the Infallible Imams (sawas) and as a pious and selfless trustee, will safeguard the authority entrusted to me by the people as a sacred trust and transfer it to whomever the people may elect after me.”.

Article 122

The President is responsible to the people, to the Leader and to the Islamic Shura Majlis within the limits of the powers and duties assigned to him by the Constitution or the ordinary laws.

Article 123

The President shall have the duty to sign the laws passed by the Majlis or as the results of referenda, after the legal procedures have been completed and they have been communicated to him and shall forward them to the [relevant] authorities for implementation.

Article 124

The President may have Vice-Presidents for [assistance in] the performance of his legal duties. With the approval of the President, the First Vice-President shall have the responsibility of administering the affairs of the Cabinet of Ministers and coordinating the other Vice-Presidencies.

Article 125

The President or his legal representative shall sign treaties, conventions, agreements and contracts between the government of Iran and other governments as well as pacts pertaining to international organizations, after they have been approved by the Islamic Shura Majlis.

Article 126

The President is directly responsible for the country’s national planning and budget affairs as well as state employment matters, and may delegate their administration to others.

Article 127

In special situations, if necessary, the President may with the approval of the Cabinet of Ministers, appoint one or more special representatives with specific powers. In such cases, the decisions of the said representative or representatives shall be considered the same as those of the President and the Cabinet of Ministers.

Article 128

Ambassadors are appointed upon the recommendation of the Minister of Foreign Affairs and the approval of the President. The President signs the credentials of ambassadors and receives the credentials of ambassadors of other countries.

Article 129

The awarding of state decorations shall be the responsibility of the President.

Article 130

Resignation of the President

The President shall submit his resignation to the Leader and shall continue to perform his duties until his resignation is accepted.

Article 131

In case of death, dismissal, resignation, absence or illness of the President that lasts more than two months, or in case his term of office has expired and a new president has not been elected due to some impediments, or other similar circumstances, the First Vice President shall assume the powers and responsibilities of the President with the approval of the Leader, and a shura consisting of the Speaker of the Islamic Shura Majlis, Judiciary Chief, and the First Vice President shall be obliged to arrange for the election of a new President within a maximum period of fifty days.

In case of the death of the First Vice President or other circumstances that prevent him from performing his duties, or if the President does not have a First Vice President, the Leader shall appoint another person in his place.

Article 132

During the period in which the powers and duties of the President are transferred to the Vice President or to another person appointed in accordance with Article 131, the Ministers may not be impeached, nor may a vote of no confidence be passed against them, nor may a measure be taken for the revision of the Constitution or for the holding of referenda.

Article 133

Ministers shall be appointed by the President and presented to the Majlis for a vote of confidence. If the Majlis changes, a new vote of confidence shall not be required. The number of ministers and their areas of responsibility shall be determined by law.

Article 134

The President shall preside over the Cabinet of Ministers, supervise the work of the Ministers, take the necessary measures to coordinate the decisions of the Ministers and the Cabinet and in cooperation with the Ministers, determine the program and course of action of the Government and implement the laws.

In the case of disagreement or interference with the legal duties of government bodies, the decision of the Cabinet of Ministers, taken on the proposal of the President, shall be binding, unless there is a need for interpretation or amendment of laws. The President is responsible to the Majlis for the actions of the Cabinet of Ministers.

Article 135

The ministers shall remain in office unless they are dismissed or receive a vote of no confidence from the Majlis as a result of their impeachment or a motion of no confidence against them. The resignation of the Cabinet of Ministers or any of its members shall be submitted to the President and the Cabinet of Ministers shall continue to perform its duties until a new Government is appointed.

The President may appoint a caretaker minister for the ministries without a minister for a period not exceeding three months.

Article 136

The President may dismiss ministers, and if he does so, he must obtain a vote of confidence from the Majlis for the new minister or ministers. If half of the members of the Cabinet of Ministers change after the government has received a vote of confidence from the Majlis, the President must seek a new vote of confidence for the Cabinet of Ministers from the Majlis.

Article 137

Each Minister is responsible to the President and the Majlis for his specific duties and in matters approved by the Cabinet of Ministers, he is also responsible for the actions of the others.

Article 138

In addition to the cases in which the Cabinet of Ministers or one of the Ministers is charged with drafting regulations for the implementation of laws, the Cabinet of Ministers is authorized to issue rules and regulations for the performance of its administrative duties, for ensuring the implementation of laws, and for regulating administrative organizations.

Each minister is also authorized to issue regulations and circulars on matters within the scope of his duties and in accordance with the decisions of the Cabinet of Ministers, but the content of such regulations must not violate the letter or spirit of the law.

The Government may delegate the approval of some matters related to its functions to committees composed of some Ministers. The ratifications of these committees within the rules shall be binding once they are approved by the President. The ratifications and regulations of the Government and the decisions of the committees referred to in this Article, in addition to being communicated for implementation, shall be brought to the attention of the Speaker of the Islamic Shura Majlis so that if he finds them contrary to the law, he shall send them to the Cabinet of Ministers for reconsideration, stating the reasons.

Article 139

The settlement of disputes concerning public and state property or their submission to arbitration shall require the approval of the Cabinet of Ministers and shall be notified to the Majlis. In cases where the party to the dispute is a foreigner and in important domestic cases, the Majlis must also approve (the settlement of the dispute). Important cases are determined by law.

Article 140

Charges against the President, Vice Presidents and Ministers shall be investigated by ordinary courts and brought to the knowledge of the Islamic Shura Majlis.

Article 141

The President, Vice Presidents, Ministers and Government employees may not hold more than one government position, and they are prohibited from holding any other position in institutions whose capital is wholly or partly owned by the Government or public institutions, from being a member of the Islamic Shura Majlis, from practicing law or working as a legal advisor and from holding the position of president, managing director or member of the board of directors of any type of private company, except cooperative companies affiliated to the government ministries and institutions. Teaching positions in universities and research institutions are exempt from this rule.

Article 142

The assets of the Leader, the President, the Vice Presidents, the Ministers, and their spouses and children shall be audited by the Judiciary Chief before and after their term of office to ensure that they have not increased unrightfully.

Section 2

Article 143

The Army of the Islamic Republic of Iran is responsible for safeguarding the independence and territorial integrity of the country and the State of the Islamic Republic[27].

Article 144

The Army of the Islamic Republic of Iran must be an Islamic army that is devoted to Islam and is popular and must recruit into its service individuals who believe in the goals of the Islamic Revolution who make sacrifices on the path to its realization.

Article 145

No foreign individual may be admitted to the Army or the security forces of the country.

Article 146

Establishment of any kind of foreign military base in the country, even if it is in the name of peaceful purposes, is prohibited.

Article 147

In times of peace, the Government shall utilize the personnel and technical equipment of the Army in relief operations, educational and production activities, and Jihad of Construction, in full compliance with the criteria of Islamic justice and to the extent that it does not undermine combat readiness.

Article 148

Any form of personal use of Army equipment and facilities and the use of Army personnel as personal servants, chauffeurs or the like is prohibited.

Article 149

Promotion and removal of military ranks shall be in accordance with the law.

Article 150

The Islamic Revolutionary Guard Corps, which was established in the early days of the victory of the Revolution, shall remain in existence to continue its role of guarding the Revolution and its achievements. The scope of the duties and areas of responsibility of this Corps in relation to the duties and areas of responsibility of the other armed forces shall be determined by law, with an emphasis on brotherly cooperation and concord among them.

Article 151

Based on the noble verse: “Mobilize against them whatever you can of power and war-horses, awing thereby the enemy of Allāh and your enemy and others after them whom you do not know but Allāh knows well” [Holy Quran, 8:60], the Government is obligated to provide a program and necessary facilities for military training for all citizens, in accordance with Islamic criteria, so that all citizens will always be able to participate in the armed defense of the country and the State of the Islamic Republic, but the possession of arms requires the permission of the relevant authorities.

Chapter 10

Foreign Policy

Article 152

The Islamic Republic of Iran’s foreign policy is based on rejecting all forms of domination and submission to domination, preserving the country’s complete independence and territorial integrity, defending the rights of all Muslims, non-alignment with the hegemonic powers and maintaining mutually peaceful relations with all non-belligerent states.

Article 153

Any form of agreement that could lead to foreign domination of the country’s natural and economic resources, culture, armed forces or other affairs is forbidden.

Article 154

The Islamic Republic of Iran considers human happiness in the entirety of human society as its ideal and recognizes independence, freedom and the rule of truth and justice as the right of all people of the world.

Therefore, while completely refraining from all forms of interference in the internal affairs of other nations, it supports the struggles of the oppressed against the oppressors all over the world in pursuit of their rights.

Article 155

The Government of the Islamic Republic of Iran may grant refuge to those seeking political asylum, unless they are known to be traitors or criminals according to the laws of Iran.

Chapter 11

The Judicial Branch

Article 156

The Judiciary is an independent branch of government that is the defender of individual and social rights, responsible for the establishment of justice and charged with the following duties:

1-     Investigating and adjudicating complaints, violations of rights and grievances, resolving disputes and taking necessary decisions and actions in customary matters as the law determines

2-     Restoring public rights and upholding justice and lawful liberties

3-     Overseeing the proper enforcement of laws

4-     Detecting crimes, prosecuting, punishing and disciplining criminals and implementing the punishments and provisions of the Islamic penal code

5-     Adopting appropriate measures to prevent the occurrence of crime and to reform criminals.

Article 157

In order to fulfill the responsibilities of the Judiciary in all judicial, administrative and executive matters, the Leader appoints a just mujtahid [possessing the level of authoritative reasoning as a faqih] who is well versed in judicial matters and possesses management skills and prudence as the head of the Judiciary for a period of five years and he shall be the highest judicial authority.

Article 158

The Judiciary Chief shall have the following responsibilities:

1-     Establishment of the necessary organizational structure in the administration of justice commensurate with the responsibilities set forth in Article 156

2-     Preparation of judiciary bills appropriate for the Islamic Republic

3-     Hiring of just and meritorious judges and their dismissal, appointment, transfer, assignment to duties, promotion and similar administrative duties, in accordance with the law.

Article 159

The courts of justice shall be the official bodies to which complaints and lawsuits shall be submitted. The formation of courts and the determination of their jurisdiction shall be specified by law.

Article 160

The Minister of Justice shall be responsible for all matters relating to the relationship of the Judiciary with the Executive and Legislative Branches and shall be selected from among persons proposed to the President by the Judiciary Chief.

The Judiciary Chief may delegate to the Minister of Justice full financial and administrative authority and the authority to employ personnel other than judges. In this case, the Minister of Justice shall have the same powers and responsibilities as the other ministers in their capacity as the most senior government executives.

Article 161

The Supreme Court shall be established to supervise the proper implementation of the laws in the courts, to ensure the uniformity of judicial proceedings and to perform other duties assigned to it by law, in accordance with the regulations issued by the Judiciary Chief.

Article 162

The Head of the Supreme Court and the Prosecutor General must be mujtahids who are just and well versed in judicial matters and are appointed by the Judiciary Chief in consultation with the judges of the Supreme Court for a period of five years.

Article 163

The qualities and qualifications of a judge are determined by law in accordance with fiqhi criteria.

Article 164

A judge may not be temporarily or permanently removed from the position he occupies without a trial and proof of guilt or of an offense that would result in his dismissal, nor may he be transferred or reassigned without his consent, except when it is in the interest of society, (and that shall be) by decision of the Judiciary Chief after consultation with the Head of the Supreme Court and the Prosecutor General. The periodic transfer and rotation of judges shall be in accordance with the general rules established by law.

Article 165

Trials shall be open to the public unless the court determines that an open trial would be prejudicial to public morals or discipline, or in the case of a private dispute, the parties request that the trial not be open.

Article 166

The judgments of the courts must be well reasoned and documented with reference to the articles and principles of law under which they are rendered.

Article 167

The judge must endeavor to judge each case on the basis of the codified law, and if he cannot find it in the law, he must base his judgments on authoritative Islamic sources and authoritative fatwas. He may not refuse to accept, examine, and rule on cases on the pretext of the silence or absence of the law in the matter or its brevity or inconsistencies in the laws.

Article 168

The trial of political and press offenses shall be public and in the presence of a jury in a court of law. The law shall determine the manner of selection of the jury, its powers and the definition of political crimes in accordance with Islamic criteria.

Article 169

No act or omission shall be deemed to be a criminal offence by virtue of a law subsequently enacted.

Article 170

Judges must refrain from implementing administrative laws and regulations that contradict Islamic laws and regulations or are outside the authority of the Executive Branch and anyone may petition the Administrative Justice Court to annul such laws.

Article 171

In the event that a person suffers a material or moral loss as a result of a judge’s interpretation or error regarding the subject matter of a case or the verdict rendered, or the application of a rule in a particular case, the judge shall be liable for compensating the loss in accordance with Islamic criteria, if it is a case of (the judge’s) error. Otherwise, the loss shall be compensated by the state. In any case, the defendant’s reputation and good name shall be restored.

Article 172

Military courts shall be established in accordance with the law to investigate crimes committed by members of the Army, Gendarmerie, Police, and Islamic Revolutionary Guard Corps in connection with their special military or security duties. However, their ordinary crimes or crimes committed while serving as officials of the Ministry of Justice shall be tried by general courts. The Military Prosecutor’s Office and the military courts are part of the country’s judiciary and are subject to the same principles related to this branch of power.

Article 173

A court called the Administrative Justice Court shall be established under the supervision of the Judiciary Chief in order to investigate people’s complaints, grievances and objections against Government officials, organs, or statutes and to restore their rights. The powers of this court and its mode of operation shall be determined by law.

Article 174

On the basis of the Judiciary’s right to supervise the proper conduct of affairs and the correct enforcement of laws by administrative bodies, an organization called the National Inspection Organization shall be established under the supervision of the Judiciary Chief. The powers and duties of this organization will be determined by law.

Chapter 12

Islamic Republic of Iran Broadcasting

Article 175

In the Islamic Republic of Iran Broadcasting (IRIB), freedom of expression and dissemination of ideas must be ensured in accordance with Islamic criteria and the best interests of the country.

The appointment and dismissal of the head of the Islamic Republic of Iran Broadcasting is vested in the Leader. A shura comprising two representatives each of the President, the Judiciary Chief and the Islamic Shura Majlis shall supervise the organization. The policies and methods of managing and supervising the organization shall be determined by law.

Chapter 13

Supreme National Security ‌Council

Article 176

In order to protect the national interests and safeguard the Islamic Revolution, territorial integrity and national sovereignty, a Supreme National Security Shura[28] headed by the President shall be established with the following responsibilities:

1- Determining the defense and national security strategies of the country within the parameters of the general policies set by the Leader.

2- Coordinating political, intelligence, social, cultural and economic activities with regard to the overall defense and security strategies.

3- Using the country's material and intellectual resources to confront internal and external threats.

The Shura is comprised of:

1.     Heads of the three branches of government

2.     Chief of the General Staff of the Armed Forces

3.     Chief of Planning and Budget Affairs

4.     Two representatives selected by the Leader

5.     Ministers of Foreign Affairs, Interior and Intelligence

6.     The minister related with each case and the highest-ranking officials of the Army and the Islamic Revolution Guards Corps

The Supreme National Security Shura shall form sub-shuras such as the Defense Shura and the National Security Shura, in accordance with its duties. Each of these sub-shuras shall be headed by the President or a member of the Supreme National Security Shura designated by the President.

The scope of authority and responsibilities of the sub-shuras shall be determined by law, and their structure shall be approved by the Supreme National Security Shura.

The decisions of the Supreme National Security Shura shall become effective upon confirmation by the Leader.

Chapter 14

Revision of the Constitution

Article 177

Under the necessary circumstances, the revision of the Constitution of the Islamic Republic of Iran is carried out in the following manner: The Leader, after consulting the Expediency Council, issues an edict to the President specifying the amendments or additions to be made by the Constitutional Revision Shura, which consists of:

1-     Members of the Shura-ye Negahban

2-     Heads of the three branches of government

3-     Permanent members of the Expediency Council

4-     Five members of the Majlis of Experts

5-     Ten representatives selected by the Leader

6-     Three representatives of the Cabinet of Ministers

7-     Three representatives of the Judiciary

8-     Ten members of the Islamic Shura Majlis

9-     Three academics

The mode of operation, manner of selection, and terms of office of this Shura shall be determined by law. The decisions of the Shura, after the confirmation and signature of the Leader, must be approved by an absolute majority vote in a referendum.

The provisions of Article 59 of the Constitution shall not apply to the referendum on the "Revision of the Constitution."

The contents of the articles of the Constitution relating to the Islamic character of the political system, the basis of all rules and regulations according to Islamic criteria, the religious foundation, the objectives of the Islamic Republic of Iran, the democratic character of the government, the Wilayat-ul Amr and Imamat of the Ummah and also the administration of the country’s affairs based on national referenda and Iran’s official religion and madhhab are unalterable.

-Translated by Javad Arabshirazi, Hossein Beheshti Shakib

-Edited by Dr. Sam Torabi

*Under the supervision of Abbas-Ali Kadkhodaei (PhD)

[1] “Marja-e Taqlid” (lit. source of emulation): the authoritative legal scholars of the Jafari school of Islamic law who strive to derive the rules of Islam and to whom believers not trained in legal matters refer to as a source of emulation in fulfilling their legal duties and obligations.

[2] “Taghut”: Quranic term referring to any ruler not sanctioned by sharia, term used by Imam Khomeini to describe the despotic Pahlavi dynasty.

[3] Islamic seminary

[4] “Wilayat-ul Faqih” (“Velayat-e Faqih” in the Farsi pronunciation) refers to the sharia-based right and duty of the legal scholars (“faqih”/”fuqaha’) to establish and head the Islamic state and government in the physical absence of the Prophet Muhammad (sawas) and the Infallible Imams (as).

[5] “Ulama” plural of “alim” general term for “Islamic scholars”.

[6] “Mustadha'fīn” and “Mustakbirin”: Quranic terms meaning “the abased”/”those kept weak” and ”the arrogant”/“those arrogating themselves” respectively, used by Imam Khomeini (r) to create a pure Quranic revolutionary discourse and analysis at a time in history when revolutionary socio-political analysis and thought was dominated by Marxist discourse.

[7] “Just”, “adil” in Arabic and Farsi, is the condition that a faqih in question should act with justice and according to the rules of sharia in his own personal life as well and be a practical manifestation of the laws he derives and advocates to greatest extent possible.

[8] “Wilayat-ul Amr” the general basis for “Wilayat-ul Faqih” referring to the sharia-based absolute right and duty of the Prophet Muhammad (sawas) and Infallible Imams (as) to establish and head the Islamic state and government and that this right and duty becomes vested in the fuqaha of the Jafari school of law in their physical absence.

[9] Imamat means Leadership. The basic tenant of Imami Muslims in the necessity for Divine leadership on earth at all times without which Islam cannot be correctly implemented and will become deviant, “imam” usually translated as “leader” or “the one leading/being in front/at the head”.

[10] Expanded to fourteen Chapters and 177 Articles after the amendment of the Constitution in 1367 [1989].

[11] inherent dignity

[12] “Ijtihad” meaning “struggle/effort/striving” from the same root as “jihad”, referring to the effort of legal scholars to continuously derive the Islamic laws pertaining to new subject as a living practice, the one doing so being called “mujtahid”. An important distinguishing feature of the Jafari school of fiqh in comparison to the four schools of Sunni fiqh who have “closed the gate of ijtihad” and which has allowed the Jafari school to successfully deal with new issues such as establishing a contemporary Islamic state. Some Salafi scholars advocate a revival of the practice.

[13] qist

[14] justice

[15] Quranic conception of piety

[16] cooperation

[17] Constitutional Council (Negahban literally means Guardian)

[18] Shari’a compliant

[19] “Madhhab”/” Madhahib”: Term referring to “school” or “denomination” within Islam.

[20] “Anfal”: Quranic and shari’ term referring to all natural and public resources and treasures and war spoils, the discernment about their use being the legal prerogative of the Wali of the Ummah/ Islamic state.

[21] Juridical term designating dead, barren lands.

[22] Things without owners

[23] Public treasury of the Islamic Government

[24] “Mutlaq”: meaning “absolute/full/complete”. A specification of the concept of “Wilayat-ul Amr” discussed above referring to the vast scope of discernment given to the Wali in his right and duty as leader of the Islamic Ummah/Islamic State.

[25] The legislative body of the Islamic Republic of Iran is correctly translated as “Islamic Shura Majlis” and as discussed in the note on “shura”, has its own historic, normative, political and legal pedigree and like most other legislative bodies around the world such as the “House of Commons”, “House of Representatives”, “Duma”, “Bundestag”, Riksdag”,“Sejm”, “Dail” … should be referred to by its proper and historic name which is “Majlis” in foreign languages, not simply as “Parliament”.

[26] Convention for the Expediency Discernment of the State

[27] The correct translation of the elusive Farsi term “Nezam” is nothing other than “State”, as in the case of “Nezam-e Jumhuri-ye Islami” in this Article.

[28] Supreme National Security Council