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Excerpts from The Constitution of the Islamic Republic of Iran
In the Name of God the Merciful and the Beneficent
24 of Aban, 1358 of the Solar Year (1)Translated by Dr. Changi Vafai
Article 1 The Government of Iran is an Islamic Republic, approved by the nation in the referendum of the 10th and 11th of the month of Farvardin, in the solar year 1358, and with the approval of 98.2% of the eligible voters. It is based upon the nation's timehonored belief in the necessity for a government founded on truth and Koranic justice, and follows the victorious Islamic Revolution led by His Eminence and Supreme Holiness Imam Khomeini.
Article 2 The Islamic Republic is a system based on belief in: (1) One God (There is no God but one) and the exclusive sovereignty of God, the acceptance of His rule and the necessity of obeying His commands. (2) Divine Revelation and its fundamental role in expressing His laws. (3) Resurrection and its constructive role in the evolution of mankind leading toward God. (4) The Justice of God in creation and in Divine Law. (5) The Imamate and the continuous leadership and its basic role in giving strength and endurance to the Islamic Revolution. (6) The compassion of human beings and in their great worth.
These aims are to be achieved through: (a) judgment made on a continuous basis by the eminent clergy, based on the book of traditions of the Saints, may God's blessing be upon them. (b) the utilization of advances in science, technology, and knowledge, and efforts to improve them. (c) the prohibition of all kinds of oppression, or acceptance of oppression; the prohibition of domination or acceptance of domination.
Justice, as well as political, economic, social and cultural, and national independence will be secured through these concepts.
Article 3 The Islamic Republic of Iran, in order to attain the goals mentioned in Article 2, shall employ every possible means to achieve the following:
(1) Creation of an environment favorable to the development of moral virtues, based on faith, piety, and the struggle against corruption and vice in any form. (2) Raising the level of public awareness in all fields, by a correct use of the press, the mass media and other means. (3) Free education and physical training for all at all levels, and providing facilities for the expansion of higher education.... (7) Securing political and social freedom within the limits of the law. (8) Participation of all the people in the determination of their political, economic, and social and cultural destiny. (9) Elimination of unfair discrimination, and creation of just opportunities for all, in all material and spiritual fields.... (12) Laying the groundwork for a sound and just economy, based on Islamic principles, aimed at promoting the welfare of all the people, the elimination of poverty and of all kinds of deprivations of food, housing, employment, health and general social insurance.... (14) Securing every human right for both men and women, and establishing judicial security for all based on justice and the equality of all before the law.... (16) Adoption of a foreign policy based in Islamic principles, brotherly commitment to all Moslems, and unsparing support for the oppressed people of the world.
Article 4 All civil, penal, financial, economic, administrative, cultural, military, political, laws and regulations, as well as any other laws or regulations, should be based in Islamic principles....
Article 5 Until the appearance of the Saint of the Agnes, may God hasten his appearance, in the Islamic Republic of Iran the Mandate for state affairs for the Imamate of the Islamic community will be given to a just, spiritual, up-to-date, courageous, efficient, prudent person who is a member of the clergy and is recognized by the majority of the people as their leader. Should no member of the clergy be recognized by the majority as leader, the leader or council of leaders, consisting of members of the clergy who meet the requirements mentioned above,... shall assume the role of Mandatory....
Article 9 In the Islamic Republic of Iran, freedom, independence, unity and the territorial integrity of the country are inseparable from each other and preserving them is the duty of the Government and the people. No individual, or group, or authority shall in the name of freedom harm in any way the political, cultural, economic, or military independence and territorial integrity of Iran, and no authority shall limit legal freedoms, even by enacting laws and regulations on the excuse of preserving the independence and territorial integrity of the country.
Article 10 The family being the fundamental unit of the Islamic society, all laws, regulations, and programs which pertain to it shall facilitate the establishment of the family and the stability of family relationships, based in Islamic laws and moral concepts....
Article 12 The official religion of Iran is Islam, and the sect followed in Jafari Shi'ism and this Article is unalterable. Other Islamic denominations, such as Hanfi, Shafi'i, Haliki, Hanbali, and Zaydi, shall enjoy complete respect....
Article 13 The Iranian Zoroastrians, Jews and Christians are the only recognized minorities, who, within the limits of the law, are free to perform their own religious rites, and who, in matters relating to their personal affairs and teachings, may act in accordance with their religious regulations.
Article 14 According to the Koran,... the Islamic Republic of Iran and Moslems shall treat nonMoslems according to the dictates of virtue and Islamic justice, and to honor their human rights. This principle will be applicable only to those who do not become involved in conspiracies and activities which are anti-Islamic or are against the Islamic Republic of Iran....
Article 19 The people of Iran, regardless of their ethnic, family and tribal origins, shall enjoy equal rights. Color, race, language and the like shall not be cause for privilege.
Article 20 All citizens of the nation, whether men or women, are equally protected by the law. They also enjoy human, political, economic and cultural rights according to Islamic standards.
Article 21 The Government shall guarantee the rights of women in all areas according to Islamic standards and shall provide for the following: (1) The creation of an environment favorable to the personal growth of women, and to the restoration of their material and spiritual rights. (2) Protection of mothers, especially during pregnancy and the child rearing period, as well as the protection of children without guardians....
Article 22 The dignity, life, property, rights, shelter, and employment of individuals are immune from encroachment except in cases prescribed by law.
Article 23 The interrogation of people regarding their beliefs is forbidden. No person shall be attacked for his beliefs.
Article 24 Publications and the press may express ideas freely, except when they are contrary to Islamic principles, or are detrimental to public rights....
Article 25 Opening and reading, and failing to deliver letters, recording and divulging telephone conversations, revealing telegraph and telex messages, exercising censorship, refusing to communicate messages, tapping and such prying is forbidden, unless ordered by law.
Article 26 Parties, groups, political and professional associations, as well as Islamic or recognized minority religious associations are permitted, provided they do not violate principles of independence, freedom, and national unity, or which are contrary to the principles of Islam or the Islamic Republic. No one shall be prevented from participating in these groups or be forced to join any of them.
Article 27 Unarmed assemblies and marches are permitted provided they do not violate the principles of Islam.
Article 28 Every person has the right the choose the profession he wishes, provided it is not contrary to the principles of Islam, to the public interest or to the rights of others....
Article 29 Social insurance, or aid in other forms,... is a public right....
Article 30 The Government shall provide everyone with free education and training through high school level....
Article 31 A suitable dwelling, according to need, is the right of every Iranian person and family....
Article 32 No one shall be arrested except when permitted by law and in accordance with proper legal procedures. The accused shall be notified immediately of the nature of the accusation against him in written form so that he understands it. Within a maximum of 24 hours, the preliminary file shall be submitted to the appropriate judicial authorities. Preliminaries to the trial shall be completed without delay....
Article 33 No one shall be banished from his residence, nor be banned from the place of his choosing, nor forced to reside in a particular location not of his choosing, except as determined by law.
Article 34 Every individual has the absolute right of recourse to competent courts in order to seek justice....
Article 35 The parties to any litigation shall have the right to legal representation in all courts of justice; if the parties to litigation are not able to select an attorney, legal representation shall be provided for them.
Article 36 A sentence can only be pronounced and conferred by a competent court and in accordance with the law.
Article 37 An individual is presumed innocent unless proven guilty by a competent court.
Article 38 Any form of torture to obtain confession or acquire information is forbidden. No one shall be forced to testify, confess, or take an oath and such testimony, confession and taking of an oath obtained by force is null and void....
Article 39 Violating in any way the dignity and honor of a person who has been seized, detained, imprisoned, or exiled in accordance with the law, is forbidden under any circumstance....
Article 40 No one may assert his right in order to harm another or to infringe upon the public interest....
Article 46 Everyone shall enjoy the benefits of his legitimate business and labor and no one may, because he is the owner (of a particular type of business), deprive others of the opportunity to do the same job.
Article 47 Personal property obtained through legitimate means is respected....
Article 49 The Government shall confiscate wealth derived from usury, extortion, bribery, embezzlement, theft, gambling;....
Article 50 Protecting the environment in which the present generation lives and in which future generations will develop socially is considered a public responsibility in the Islamic Republic. Therefore, economic activities, and other activities which may pollute the environment or destroy it irrevocably, shall be forbidden....
Article 91 For the purpose of safeguarding the principles of Islam and the Constitution and to avoid any conflict between these principles and the laws of the Assembly, a Council of Guardians will be formed consisting of: (1) Six members of the clergy who are just, are knowledgeable in Islamic jurisprudence, and aware of the needs of the times. The selection of these persons will be made by the Leader of the Council of Guardians. (2) Six lawyers from various branches of law, from among Moslem lawyers, who have been introduced to the National Assembly by the Supreme Council for the Judiciary....