Iran: Political Culture in the Islamic Republic

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Gellner, Nationalism London: Phoenix Books, , 3. Quoted in M. Brown, O. Cote Jr. Lynn-Jones, and E. Miller, eds. Fenton, Ethnicity Cambridge: Polity, , — Kedourie, Nationalism London: Hutchinson, , 1. Smith, Theories of Nationalism London: Duckworth, , 20— Haynes, Third World Politics.

A Concise Introduction Oxford: Blackwell, , Quoted in S. Telhami and M. Banuaziz and M. Wiener Syracuse: Syracuse University Press, , — Quoted in W. Forbis, Fall of the Peacock Throne. Nikki R. Hinnebusch and A. Ehteshami, eds. Avery, G. Hambly, and C. Melville Cambridge: Cambridge University Press, , — No one can be subjected to questioning.

Article Publications and the press are free to discuss issues unless such is deemed harmful to. Article It is forbidden to inspect letters and to confiscate them, to disclose telephone. Article The political parties, associations and trade unions, Islamic associations, or. Article Public gatherings and marches are allowed so long as the participants do not carry.

Article People are free to choose whatever profession they wish as long as this profession is. Article It is a universal right to enjoy social security and have benefits with respect to. Article The government is responsible for providing the means for public education for.

Iran’s Political Culture and Foreign Policy: Reform or Revolution?

Article Every Iranian individual and family has the right to have a dwelling that meets their. Article No one can be arrested except in accordance with the rule and the procedures that are. In the case of arrest, the charge and the reason for the arrest must be immediately. Article No one can be exiled from his place of residence or prevented from staying in his.

Article Seeking justice is the indisputable right of every individual. Anyone may have access. All members of the nation have the right of access to such. Article In all courts of law, the opposing parties to a dispute have the right to choose an. Article The ratification and execution of a sentence may only be carried out through a. Article Innocence is presumed. Article Torture, of any kind, in order to obtain confession or information is for- bidden.

It is. Article All forms of violation against the honor and dignity of any person who is legally. Article No one can claim the exercise of his right as a pretext to harm others or to infringe. Article Citizenship of Iran is the indisputable right of every Iranian, and the government. Article Foreign nationals can become Iranian citizens within the limits set by the law.

Article In order to secure the economic independence of society, to uproot poverty and. Article The economic system of the Islamic Republic of Iran is based on three sectors: state,. The private sector is comprised of that sector of agriculture, animal husbandry, industry, trade,. The details of the regulations, areas, and boundaries of the three. The law shall determine the detail and manner of utilization. Article Everyone is the owner of the income from his own legitimate business and labor.

Article Private ownership through legitimate means is respected. The law shall determine its. Article The government is responsible for confiscating illegitimate wealth resulting from. The government shall. Article In the Islamic Republic it is considered a public duty to preserve the environment. Article No form of taxation may be instituted except in accordance with law. Instances of. Article The annual budget of the country is prepared by the government, as deter- mined by.

Article In the manner instituted by law, the Accounting Bureau monitors or audits all the. Article Absolute sovereignty over the world and the human being belongs to God. And it is. The nation. Article 57 5 : The governing powers in the Islamic Republic of Iran consist of the legislative, the.

They operate under the supervision of the absolute authority. Its legislatures, after going through stages. Article In considering vital economic, political, social, and cultural issues, it is possible that. Article 60 6 : The executive power is exercised by the President of the Republic and the ministers,.

They are exercised according to the forthcoming articles of this law under the. These powers are independent of each other and the President of the Republic establishes. Article 60 Edition : The executive power is exercised by the President of the Republic, the ministers, and the.

Article The Islamic Consultative Assembly consists of the representatives of the nation who. Article The term of representation in the Islamic Consultative Assembly is four years. Article 64 7 : There shall be representatives in the Islamic Consultative Assembly. Every ten. Article After the elections are held, and when two-thirds of all representatives are present,.

Article The process of election of the president [of the Assembly], the governing council, the. Article At the first session of the Assembly the representatives should take the following. Every ten years, if the population of each minority group increases, a new representative. Article At the time of war and military occupation of the country, upon the recommendation. Article 69 8 : The proceedings of the Islamic Consultative Assembly must be open to the public.

Article 70 9 : The President of the Republic, his secretaries, his vice presidents, and the ministers,. In emergencies, upon. The proposals of the closed session are valid if they are approved in the presence of the Guardian Council. After the emergency situation is over, the reports and legislations of. Article 70 Edition : The President of the Republic, the prime minister, and the ministers, individually or.

They can be accompanied by their aides. If the representatives find it necessary, the President of the Republic, the prime minister, and the ministers are. The invitation of the president to the Assembly. The invitation of the president. Article The Islamic Consultative Assembly can legislate laws on all issues within the limits. Article The Islamic Consultative Assembly cannot legislate laws that contradict the canons. The Guardian Council is. Article The Islamic Consultative Assembly is qualified to explain and interpret ordinary.

The intention of this Article does not deprive the prosecutor in his attempt to elucidate the. Article The legal proposals, suggestions, and amendments to the existing bills which lead to. Article The Islamic Consultative Assembly has the right to investigate and evaluate all the. Article Treaties, transactions, contracts, and all international agreements must be ratified by. The exception could be. Such alterations must also be ratified by four-fifths of the total members of the Islamic.

Article It is forbidden to establish martial law. In a state of war or under an emergency or. Article Receiving and issuing national or international loans or grants by the government. Article It is absolutely forbidden to give foreigners the right to establish companies or. Article The government cannot employ foreign experts, except in urgent situations and with.

Article Government buildings and properties that are considered national heritage are not. Article Every representative is accountable to the entire nation. He has the right to express. In this case, the laws will be implemented. In this case the decisions of the government must not differ from the principles and decrees.

Article Members of the Assembly, in fulfilling their duties as representatives, are completely. The Assembly cannot allocate the power of legislation to a person or a com- mission. However, in. Article In this case, the laws will be implemented experimentally for a period of time that is specified by the.

On important or disputable matters it can also request the. The response should not be.

Article Whoever has a complaint about the operations of the Assembly, the executive, or the. If the executive or the judiciary power are the subject of the complaint, the Assembly must. The inquiry can be presented to the Assembly if it is signed by at least ten. The Council of Ministers, or the minister under question must appear at the Assembly within ten days after the. If the Council of.

Ministers, or the minister, fail to appear at the Assembly, the representatives who posed the question shall provide. If the Assembly considers it appropriate, it will declare a vote of no-. If the Assembly does not give a vote of confidence, the Council of Ministers or the minister in question will be. In both cases, prime minister or the ministers in question cannot become members in the cabinet that is.

Six just Islamic jurisprudents who are conscious of the issues and needs of the time. These are. Article Members of the Guardian Council are selected for six years, but in the first term,. Article The Islamic Consultative Assembly does not hold any legal credibility without the.

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Guardian Council, except in approving the credentials of the representatives and the selection of. Council, which must evaluate it within ten days to assure its compatibility with the constitution. Article In cases where the Guardian Council considers ten days insufficient for completing. Article In order to speed up the work, at the time of discussing a bill or a legal draft,. Article The interpretation of the constitution is the responsibility of the Guardian Council.

Six just Islamic jurisprudents, conscious of the issues and needs of the time. They are selected by the leader or the. Six jurisprudents specialized in different fields of law, from among the Muslim jurists who are presented by the. Article Councils are formed in order to, through the collaboration of the people, promptly. The administrative affairs of each village, district, city,.

The members of the council are elected by the. Article The Supreme Council of the Provinces, consisting of the members of the councils. Article The Supreme Council of the Provinces has the right to prepare drafts and propose. Article The governors of the provinces, cities, and districts, as well as other officials of the. Article Councils are formed in order to ensure Islamic justice and collaboration in planning. Article The decisions of the councils may not contradict the Islamic criteria and the laws of.

If the council objects to its dissolution, it has the. Otherwise, the Experts,. Article Edition : The law on the number and qualifications of the Experts, the manner of their selection,. Guardian Council, it must be ratified by their majority vote, and submitted to the leader for the final approval. Whence, any change or review of this law falls within the authority of the Assembly of Experts.

Article Edition : The qualifications and attributes of the leader or members of the Leader- ship Council. The qualifications of the. Court has issued a ruling convicting him of deviating from his legal duties, or the National Consultative Assembly. In the aforementioned case, or in case of the death, resignation, or dismissal of the leader, the.

If during this time any of them, for. Article ; he will be dismissed from his position. This issue is examined by the Experts, as mentioned in Article. Regulations for the convening of the Experts to evaluate and implement this Article is determined in the first session. Whenever the leader, due to illness or other incidents, is temporarily unable to fulfill the duties of.

He is responsible for executing the constitution and heading the executive power, except. Article The President of the Republic is elected for four years by the direct vote of the. Article The candidates for presidency must officially announce their candidacy prior to the. Article The President of the Republic is elected by the absolute majority vote of the voters;. He is responsible for executing the constitution, coordinating the relations among the three powers, and.

Article The responsibility for supervising the presidential election is with the Guardian. Article The election of the new President of the Republic must take place at least a month. In the interim between the election of. Article If any of the candidates, whose qualifications are established by this law, dies. God the exalted and the powerful, that I will guard the official religion of the country, the order of the Islamic. Republic, and the constitution. I will employ all of my capabilities and qualifications toward fulfilling the. I will devote myself to the service of the people and the advancement of the.

I will avoid any form of. I will not withdraw from any endeavor toward safeguarding the borders and the political, economic, and. By seeking help from God and following the Prophet of Islam and the. Immaculate Imams, peace be upon them, I, like a wise and devoted trustee, will cherish as a sanctified trust, the. Article The President of the Republic has the duty to sign the legislations that are approved. Article All the treaties, transactions, agreements, and contracts between the government of. Iran and other governments as well as all the pacts related to the international unions, after they.

The President of the. Article The President of the Republic is responsible for the award of state decorations. The law determines how to investigate any deviation from this responsibility. Article Edition : The President of the Republic nominates an individual as the prime minister and. Article Edition : Governmental protocols and regulations are communicated to the President of the.

Republic after they are approved by the Council of Ministers. If he finds them in contra- diction with the laws, he. Article Edition : In the event the President of the Republic finds it necessary, the meeting of the. Article Edition : The President of the Republic signs the credentials of the ambassadors and accepts the. Also, if the president has been dismissed, or his term has expired, and a new president has. Article Edition : In case of death, resignation, or sickness for longer than two months of the President.

Council has the duty to assure that the new president is elected within a maximum of fifty days. During this time,. Article Edition : During the period when the Temporary Presidential Council is assigned the duty of. Article Edition : The ministers are appointed upon the recommendation of the prime minister and the. Article Edition : The leadership of the Council of Ministers is assigned to the prime minister who.

The prime minister is responsible for the actions of the Council of Ministers before the Assembly. The President of the Republic is responsible for the actions of the Council of Ministers before the. Each one of the ministers,. The resignation of the government is submitted to the President of the Republic. Until the. Article Edition : In the event the prime minister decides to depose a minister and replace him with. After the Assembly has announced its vote of confidence to the. Article Edition : Each of the ministers is responsible for his own specific duties before the Assembly,.

Article Edition : In addition to instances when the Council of Ministers or a minister is assigned to. Each one of the ministers, also, within the confines of his own duties, and the legislations of. But, the content of these. In case the President of the Republic finds them opposed to the laws, by stating the.

Article Resolving the litigation related to public and state property or referring it to. Article Edition : The President of the Republic, the prime minister, the ministers, and the government. They are prohibited from holding any other kind of. Nor can they. Educational positions at universities and research institutes are exempt from. The prime minister can accept directorship of some of the ministries on a temporary basis, if necessary.

Article Edition : The wealth of the leader, or members of the Leadership Council, the President of the.

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Republic, the prime minister, the ministers, and their spouses and children, will be examined by the Supreme Court. It must accept into its service deserving individuals who are. Article No foreigner will be admitted in the army or the security forces of the country. Article It is forbidden to establish any kind of foreign military base in the country, even for. Article In time of peace, the government, in complete respect for the criteria of Islamic.

Article Any form of personal use of military equipment and facilities, as well as personal. Article The foreign policy of the Islamic Republic of Iran is based on the rejection of any. Article Any form of agreement that would result in foreign domination over the natural and. Article The Islamic Republic of Iran considers human happiness throughout human society.

Consequently, while it completely abstains from any kind of. Article The Islamic Republic of Iran can grant amnesty to the persons who seek political. Article The judiciary is an independent power that protects individual and social rights and. Supreme Judiciary Council is formed which is the highest authority of the judiciary power. Its responsibilities are as. Members of this council are selected for five years in accordance with the law.

Their re-election is not prohibited. The minister is selected from among. Article Edition : The Supreme Court is formed on the basis of the criteria that are set forth by the. Supreme Judiciary Council in order to supervise the correct enforcement of the laws in the courts, create uniformity. Article Edition : The head of the Supreme Court and the prosecutor general must be just scholars of. The leadership, in consultation with the judges of the Supreme. Article Edition : A judge cannot be temporarily or permanently dismissed from the position he.

Nor can his position or. The periodic transfer of the judges takes place according to the general. Court and the prosecutor general. The periodic transfer of the judges takes place according to the. Article Trials are held openly and the presence of the public is not banned, unless the court. Article Court verdicts must be substantiated, and based on the articles of the law, and the.

Article The judge must try to base the verdict of each dispute on the codified laws. If his. He cannot refrain from issuing a verdict under the pretext of silence,. Article Investigating political and press offenses is conducted openly in the courts of the. Article No action or lack of action is considered an offense on the basis of a law that is. Article Judges of courts have the duty to refrain from enacting governmental statues and. Article In the event that one suffers financial or spiritual damage as a consequence of a.

Article Military courts will be formed in accordance with the law in order to investigate the. Court of Administrative Justice will be established under the supervision of the Supreme Judicial Council. The law. The law shall determine the responsibility and the mode. Article In order to protect national welfare, safeguard the Islamic Republic, and territorial. National General Inspectorate will be established under the supervision of the Supreme Judiciary Council. Article Edition : In the mass media radio and television , freedom of press and advertisement must be. The media is administered under the joint supervision of the three.

The law determines how this is to. The Supreme Council of National Security, in respect to its duties, establishes sub-councils such. The President of the Republic or one of. The constitution determines the quality of the functions, the selections, and the conditions for the. After the leader approves and signs the legislation of the Council, the proceedings must be put to. And sent down with them the book and the balance of right and wrong , that men may stand in justice. These fundamental desires are elaborated in the qualities of the great Islamic revolution of Iran, and the revolutionary process of the Muslim people, from the beginning to the victory; principles which were crystallized through the decisive and strong slogans of all segments of society.

Now at the dawn of this great victory our nation longs wholeheartedly to realize this demand. The definitive characteristic of this revolution, apropos other uprisings of Iran during this century, is its ideological and Islamic nature. After experiencing the anti-despotic constitutional uprising and the anti-colonial uprising for the nationalization of oil, the Muslim nation of Iran learned the invaluable lesson that the specific and essential reason for the failure of these uprisings was the non-doctrinal quality of the struggles.

Although the Islamic line of thinking and the leadership of the clerics have played an essential and fundamental role in these recent uprisings, the latter declined quickly because they departed from the authentic positions of Islam. The beginning of the recent uprising of the nation of Iran was in the year of the lunar Islamic calendar, agnate to of the solar Islamic calendar. The ensuing grand and bloody revolution of the Muslim community in the month of Khordad, [], was in fact the germination of this splendid and vast uprising.

This strengthened and sealed the focal position of Imam as the embodiment of Islamic leadership. The Muslim nation, and especially the committees of intellectuals and the militant clerics, carried out their objectives amidst imprisonment, torture, exile, and execution. The despotic regime began suppressing the Islamic uprising by vehemently attacking the Islamic theological seminary Fayziye, the university, and all the other vital centers of the revolution, and committed the most cowardly and brutal acts in an attempt to escape the revolutionary anger of the people.

Execution by firing squads and subjection to medieval torture and long prison terms were part of the price that our Muslim nation paid for its firm determination to continue the struggle. It opened the way for authentic Islamic doctrinal struggle, and further intensified the struggle of the committed Muslim militants both inside and outside Iran. The struggle continued on this path until finally the discontent and intense anger of the people as a result of internal pressure and state suppression on the one hand, and, on the other hand, the exposure of these actions at the international level through the actions of the clerics and the students, seriously weakened the foundations of the regime.

Inevitably, the regime and its masters were forced to reduce the level of pressure and oppression and at least gave the impression of allowing political openness in the country; they had assumed these measures in hopes of preventing their inevitable downfall. But the agitated, conscious, and determined nation, under the decisive and unwavering leadership of Imam, continued with its unified uprising in a broad and inclusive manner.

The regime tried to silence this uprising with bloodshed and violence, but this only caused more blood to gush into the veins of the Revolution. The renewed surge of fervor on every 7th and 40th memorial for the martyrs of the Revolution gave new life and an ever-increasing and unified warmth and vitality to this movement across the country. The widespread unity of men and women, from all social, religious, and political strata, was decisive.

Images that showed a mother embracing her child rushing toward the battleground and the barrels of machine guns were illustrative of the decisive and essential role that this great segment of society played in the struggle. The Iranian Revolution opened a new chapter in the [history] of mass popular revolutions in the world.

The 21 and 22 of Bahman [12 and 13 February ] were the days of the collapse of the monarchic system when domestic tyranny, and the foreign dominance that relied on it, were crushed. With this great victory, the rise of the Islamic government that was the long desire of the Muslim people announced its final triumph. At this time, the constitution of the Islamic Republic of Iran, as an articulation of the political, social, cultural, and economic relations and institutions of the society, was to open the way for affirming the foundations of the Islamic government and provide a new plan of governance raised on the ruins of the previous decadent system.

The Form of Governance in Islam From the perspective of Islam, governance does not derive from the class position or dominance of a group or an individual. On the contrary, it is the crystallization of the political ideal of a nation with a common faith and perspective that must be organized so that in the process of its intellectual and ideological development it can carve out its path toward its ultimate goal movement toward God. In the flow of its revolutionary evolution, our nation was cleansed of the dust and rust of the reign of decadence; it cleansed itself of the intellectual alien impurities.

It returned to the authentic Islamic worldview and intellectual positions. Now it is determined to establish its exemplary model society iswa based on Islamic criteria. With respect to the Islamic content of the Iranian Revolution, which was a movement for the victory of all the oppressed people over their oppressors, the constitution prepares the ground for continuing this revolution at home and abroad.

Consequently, serious and meticulous supervision on the part of just, devout, and committed Islamic scholars is a necessary and definitive affair. This objective cannot be attained unless all segments of society actively and extensively participate in the developmental process of the society. In regard to this orientation, the constitution prepares the background for all members of society to participate in all stages of political decision making as well as the making of decisions that shape their destiny.

Economy is a Means not an End In strengthening economic institutions, the principle is to satisfy the needs of human beings in the process of their development and growth. This is contrary to other economic systems that focus on the concentration and accumulation of wealth and on seeking profit. In the material schools of thought economy is an end in itself; consequently, at different stages of growth, economy becomes an element of destruction, decadence, and ruin. But in Islam, the economy is a means that is not expected to do anything except better facilitate reaching the goal. Consequently, it is the responsibility of the Islamic.

Women in the Constitution In establishing Islamic social institutions, human forces that have thus far been utilized in the service of the multifaceted foreign exploitation now reclaim their own genuine identity and human rights. In this process, it is natural that women, who up until this point have endured a greater degree of oppression under the despotic regime, should be granted more rights. The family is the primal unit of society and the essential center for the growth and grandeur of men. It is among the responsibilities of the Islamic Republic to provide the conditions for attaining this goal.

Women shall walk alongside men in the active arenas of existence. As a result, women will be the recipients of a more critical responsibility and enjoy a more exalted and prized estimation in view of Islam. An Ideological Army In establishing and equipping the defense forces of the country, the focus shall be on maintaining ideology and faith as the foundation and the measure. Consequently, the Army of the Islamic Republic and the Islamic Pasdaran Revolutionary Corps are formed in accordance with the aforementioned objective. They will undertake the responsibility of not only guarding and protecting the borders, but also the weight of ideological mission, i.

The Judiciary in the Constitution The judiciary in its preservation of the rights of the people, and in accordance with the line followed by the Islamic revolution, and in its prevention of deviations within the Muslim nation, plays a crucial role. Therefore, provisions must be made to create a judicial system that is based on Islamic justice and is composed of just judges who are aware of the precise criteria laid down in Islam.

Political Culture in the Islamic Republic

Given the sensitive nature of the judi- ciary and the need for its ideological correction, the judiciary must shun any unhealthy relations and connections. The Executive Power The executive power has special significance in the execution of laws and ordinances of Islam and in achieving just relations in society.

The executive power also plays a vital role toward the ultimate goal of life and must usher in a new Islamic society. There- fore, any complicated system that would delay the achievement of such a goal or impede its attainment will be rejected. Therefore, bureaucratic systems, which are born out of autocratic governments, will be severely rejected so that the executive system can function more speedily and efficiently in the fulfillment of its administrative duties.

Mass-Communication Media The mass-communication media radio, television , in the developmental process of the Islamic Revolution, must be utilized in the service of disseminating Islamic culture. Against this background, it must benefit from the altercations among sound ideas and must assiduously refrain from propagating and spreading destructive and anti-Islamic attributes.

It is the responsibility of everybody to abide by the principles of this law, that considers the freedom and dignity of humankind to be its highest objective and facilitates the growth and development of man. It is necessary that the Muslim community actively participate in the construction of the Islamic society by electing competent and devout administrators and by continuously supervising their work.

This is in anticipation of success in building the model Islamic society iswa which can become a blueprint and a witness for all the people of the world. Representatives The Council of Experts, consisting of the representatives of the people, completed the task of writing the constitution based on the evaluation of the draft proposed by the government, as well as all the suggestions that came from different groups of people. The constitution, which consists of twelve chapters, and articles, is completed in accordance with the aforementioned motives and objectives, at the dawn of the fifteenth century, after the migration of the Noble Prophet Peace and blessing be upon him and his family the founder of the liberating ideology of Islam.

The constitution is written with the hope that this will be the century of the universal rule of the oppressed and the defeat of all the oppressors. The measure was ratified by the These are achieved through: a. Article 3: In order to achieve the objectives mentioned in Article 2, the Islamic Republic government of Iran is obliged to use all of its resources in the following areas: 1. Article 4: All civic, penal, financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic criteria. This principle governs all the articles of the constitution, and other laws and regulations.

The determination of such compatibility is left to the Foqaha of the Guardian Council. These will include the election of the president, the deputies of the Islamic Consultative Assembly Majles , the members of the councils, and other such institutions, or through a referendum in such instances as are determined in other articles of this document. In case no jurisprudent receives such a majority, the leader or the Leadership Council, consisting of qualified jurisprudents, as mentioned above and in accordance with Article , assumes these responsibilities. The constitution and the laws arising from it shall determine the manner of formation of these councils and the limits of their authority.

Article 8: In the Islamic Republic of Iran, inviting one to good, the promotion of virtue and the prohibition of vice, is a general and concomitant responsibility of the people toward one another, the government toward the people, and the people toward the government. The conditions, boundaries, and nature of this relationship are set by the law. Article 9: In the Islamic Republic of Iran, freedom, independence, unity, and territorial integrity of the nation are inseparable from one another; the safeguarding of these is the responsibility of the government and each and every one in the nation.

No individual, group, or authority has the right to damage, in the slightest way, the political, cultural, economic, and military independence of Iran and its territorial integrity, in the name of exercising freedom. And no authority is allowed to take away the legitimate freedoms, even through the establishment of laws and regulations, under the pretext of safeguarding the independence and sovereignty of the nation.

Therefore, all the laws, regulations, and their corresponding politics must be in the direction of facilitating the establishment of the family, the protection of its sanctity, and the maintenance of its relations, based on Islamic law and ethics. It must continuously strive to achieve the political, economic, and cultural unity of the Muslim world. They may practice their religious education, personal status, marriage, divorce, inheritance, and bequest , in accordance with their own jurisprudence.

The dispute over these matters is recognized in the courts. Article Zoroastrian, Jewish, and Christian Iranians are considered the only recognized religious minorities. They may exercise their religious ceremonies within the limits of the law. This principle is valid for those persons who have not conspired or acted against Islam and the Islamic Republic of Iran. The documents, correspondence, official texts, and schoolbooks must all be in this language and script.

However, use of regional and ethnic languages in the press, the mass media, and the teaching of their literature at schools, alongside the Persian language, is freely permitted. Both the solar and the lunar calendars are valid. However, the operation of the governmental offices is based on the solar calendar. The official weekly holiday is on Friday. Color, race, language, and other such considerations shall not be grounds for special privileges. They enjoy all the human, political, economic, social, and cultural rights that are in compliance with the Islamic criteria.

Article The government must secure the rights of women in all respects, according to the Islamic criteria.

A Crisis of Legitimacy in the Islamic Republic of Iran Forty Years After the Revolution

The government must do the following: 1. Article The dignity, life, property, rights, domicile, and occupations of people may not be violated, unless sanctioned by law. No one can be subjected to questioning and aggression for merely holding an opinion. Article Publications and the press are free to discuss issues unless such is deemed harmful to the principles of Islam or the rights of the public. The law shall determine the details of this exception. Article It is forbidden to inspect letters and to confiscate them, to disclose telephone conversations, to disclose telegraphic and telex communications, to censor them and to stop their delivery.


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It is forbidden to wiretap conversations. All forms of inspection are forbidden except according to law. Article The political parties, associations and trade unions, Islamic associations, or associations of the recognized religious minorities are free to exist on the condition that they do not negate the principles of independence, freedom, national unity, Islamic criterion, and the foundation of the Islamic Republic. No one can be pre- vented from participation in these gatherings or forced to participate in one of them.

Article Public gatherings and marches are allowed so long as the participants do not carry arms and are not in violation of the fundamental principles of Islam. Article People are free to choose whatever profession they wish as long as this profession is not against Islam, public interest, and the rights of others. In considering the needs of society for different occupations, the government is required to provide favorable circumstances for the equal employment of all persons.

In case of accidents and emergencies, everyone has the right to health and medical treatments through insurance or other means. In accordance with the law, the government is obliged to use the proceeds from the national income and public contributions to provide the abovementioned services and financial support for each and every one of the citizens. Article The government is responsible for providing the means for public education for everyone up to the end of high school. It must expand free higher education until the point when the nation reaches self-sufficiency.

Article Every Iranian individual and family has the right to have a dwelling that meets their needs. The government is required to provide the means for the execution of this principle by giving priority to those who are in greater need, especially peasants and workers. In the case of arrest, the charge and the reason for the arrest must be immediately conveyed and communicated to the defendant in writing.

The preliminary file must be submitted to qualified judicial authorities within twenty-four hours and the preliminaries for the trial must be set as quickly as possible. Anyone who deviates from this principle will be penalized in accordance with law. Article No one can be exiled from his place of residence or prevented from staying in his preferred location, or compelled to reside in a given location, except in instances that are determined by law. Anyone may have access to the qualified courts for this purpose.

All members of the nation have the right of access to such courts. No one can be prevented from referring to courts to which they have a legal right of recourse. Article In all courts of law, the opposing parties to a dispute have the right to choose an attorney for themselves. If they cannot afford to hire an attorney, they should be provided with the means to do so.

Article The ratification and execution of a sentence may only be carried out through a qualified court and must be in accordance with law. It is not permissible to force someone to testify, confess, or swear an oath. Such a testimony, confession, or oath is worthless. Anyone who deviates from this article shall be sentenced in accordance with law. Article All forms of violation against the honor and dignity of any person who is legally arrested, detained, imprisoned, or sent into exile is prohibited and is subject to prosecution.

Article No one can claim the exercise of his right as a pretext to harm others or to infringe on the public interest. Article Citizenship of Iran is the indisputable right of every Iranian, and the government cannot take this right away unless the person requests it or if he becomes the citizen of another nation. Their nationality may be revoked if another nation offers them citizenship or that person demands such a revocation.

The application of these measures must take place with regard to the necessary factors; these steps must be taken with due regard for the necessities that determine public planning of the national economy at each stage of growth; 3.



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