Constitution, Iran—Islamic
The Iranian Islamic Constitution was approved by a national referendum in December 1979. The concept of vilayet-i faqih (rule of religious jurisprudence) is at the core of this constitution.
Soon after Ayatollah Khomeini (1900–1989) rose to power in Iran in January 1979, he gave the task of drafting a new constitution to the provisional government. The latter prepared a draft constitution, which was ready for national referendum in June of that year. However, several prominent figures insisted that an expert panel should review the draft constitution before it was put to a vote. Ayatollah Khomeini agreed and appointed an Assembly of Experts to review the draft constitution. The Assembly of Experts, made up of seventy-three members, was heavily weighted in favor of religious leaders and supporters of Ayatollah Khomeini's vision. The result was a substantially modified constitution, which institutionalized the role of clerics in the government. Reportedly, it was approved with over 98 percent of the vote.
The Islamic Constitution established the role and functions of the faqih (spiritual leader) as well as the executive, legislative, and judiciary branches of the government. The faqih is given oversight responsibility over the other three segments of the government in order to make sure they are operating within the tenets of Islam. He or she has the right to declare war or peace based on the recommendation of the Supreme Defense Council, over half of whose members the faqih nominates. He or she can depose the president if either the Supreme Court or the majlis (parliament) considers it appropriate. In addition, the faqih is responsible for selecting the supreme judge, the chief of the general staff, and half of the members of the Guardian Council. Ayatollah Khomeini was named the first faqih of the Islamic Republic and was given this position for life. The Islamic Constitution makes provisions for an Assembly of Experts, which is composed entirely of clerics, in order to choose successive faqihs based on constitutional criteria.
The executive branch of the government is composed of the president and cabinet. The president is elected for a four-year term. The legislative branch is represented by the majlis, 270 members who are also elected for four-year terms. The majlis handles the budget, general policy matters, and the introduction and passage of bills. However, any bill passed by the majlis must be reviewed by the Guardians Council, a group of six lawyers and six judges who verify that all new legislation and laws do not contradict Islamic principles.
Further Reading
Algar, Hamid. (1991) "Religious Forces in Twentieth-Century Iran." In Cambridge History of Iran, 7: From Nadir Shah to the Islamic Republic, edited by Peter Avery, Gavin Hambly, and Charles Melville. Cambridge, U.K.: Cambridge University Press, 732–764.
Kamali, Masoud. (1998) Revolutionary Iran: Civil Society and State in the Modernization Process. Brookfield, CT: Ashgate.
Khomeini, Ruhollah. (1981) Islam and Revolution: Writings and Declarations of Imam Khomeini. Trans. by Hamid Algar. Berkeley, CA: Mizan Press.
Sadri, Houman A. (1999) "An Islamic Perspective of Non-Alignment: Iranian Foreign Policy in Theory and Practice." Journal of Third World Studies 2, 16 (Fall): 29–46.
Schirazi, Asghar. (1997) The Constitution of Iran: Politics and the State in the Islamic Republic. New York: I. B. Tauris.
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