Constitution of the Islamic Republic of Iran: Guardianship of the Jurist Articles

Article 1

The government of Iran is an Islamic Republic, which the nation of Iran, on the basis of its long-standing belief in the government of the truth and justice of the Quran, following its victorious Islamic Revolution under the leadership of the exalted source of emulation Grand Ayatollah Imam Khomeini, voted for affirmatively in the referendum of the tenth and eleventh of Farvardin one thousand three hundred and fifty eight of the solar Hijri calendar, corresponding to the first and second of Jumada al-Awwal of the year one thousand three hundred and ninety nine of the lunar Hijri calendar, with a majority of 98.2% of all those who had the right to vote.

Article 2

The Islamic Republic is a system based on faith in:

1. The One God (there is no god but God) and the exclusive attribution of sovereignty and legislation to Him, and the necessity of submission to His command.

2. Divine revelation and its fundamental role in setting forth the laws.

3. The Resurrection (Ma'ad) and its constructive role in mankind's evolutionary journey toward God.

4. The justice of God in creation and legislation.

5. The Imamate and continuous leadership, and its essential role in the continuation of the Islamic Revolution.

6. The dignity and lofty value of the human being and his freedom coupled with his responsibility before God.

which, by way of:

a. The continuous ijtihad of jurists possessing all the requisite qualifications, on the basis of the Book and the Sunnah of the Infallibles, peace be upon them all,

b. Making use of advanced human sciences, techniques and experiences, and striving to advance them

c. Negation of every form of oppression and of being oppressed, and of domination and of submission to domination; it ensures equity and justice, and political, economic, social and cultural independence, and national solidarity.

Article 4

All civil, penal, financial, economic, administrative, cultural, military, political and other laws and regulations must be based on Islamic criteria. This article governs the absolute and general application of all the articles of the Constitution and other laws and regulations, and the determination of this matter rests with the jurists of the Guardian Council.

Article 5

During the occultation of the Lord of the Age (may God Almighty hasten his reappearance), in the Islamic Republic of Iran the guardianship of the affair (wilayat al-amr) and the leadership of the ummah rest with a just and pious jurist, aware of the times, courageous, an administrator and prudent, who assumes it in accordance with Article 107.

Article 56

Absolute sovereignty over the world and over man belongs to God, and it is He who has made man ruler over his own social destiny. No one may strip this divine right from man or place it in the service of the interests of a particular individual or group, and the nation exercises this God-given right by the means set forth in the following articles.

Article 57

The powers of the Islamic Republic of Iran are the legislative power, the executive power and the judicial power, which are exercised under the supervision of the absolute guardianship of the affair and the leadership of the ummah, in accordance with the following articles of this Constitution. These powers are independent of one another.

Article 107

After the exalted source of emulation and great leader of the global Islamic revolution and founder of the Islamic Republic of Iran, His Eminence Grand Ayatollah Imam Khomeini (may his noble secret be sanctified), who was recognized and accepted by the decisive majority of the people as the source of emulation and leader, the designation of the Leader rests with the experts elected by the people. The experts of the leadership examine and consult concerning all jurists possessing the conditions mentioned in Articles 5 and 109; whenever they determine one of them to be the most learned in the ordinances and subjects of jurisprudence or in political and social issues, or to possess general acceptance, or to possess special prominence in one of the qualities mentioned in Article 109, they elect him as Leader; and otherwise they elect and introduce one of them as Leader. The Leader elected by the experts will bear the guardianship of the affair and all the responsibilities arising from it. The Leader is equal before the laws with the other individuals of the country.

Article 109

Conditions and qualifications of the Leader:

1. The scholarly competence necessary for issuing fatwas in the various chapters of jurisprudence.

2. The justice and piety necessary for the leadership of the Islamic ummah.

3. Correct political and social vision, prudence, courage, administrative ability and sufficient power for leadership. In case of a multiplicity of persons possessing the above conditions, the person possessing stronger jurisprudential and political vision takes precedence.

Article 110

Duties and powers of the Leader:

1. Determining the general policies of the system of the Islamic Republic of Iran after consultation with the Expediency Discernment Council of the System.

2. Supervision over the proper implementation of the general policies of the system.

3. Issuing the order for a referendum.

4. Supreme command of the armed forces.

5. Declaration of war and peace and mobilization of forces.

6. Appointment, dismissal and acceptance of the resignation of:

a. The jurists of the Guardian Council.

b. The highest official of the Judiciary (Head of the Judiciary).

c. The head of the Radio and Television Organization of the Islamic Republic of Iran (IRIB).

d. The Chief of the Joint Staff.

e. The Commander in Chief of the Islamic Revolutionary Guard Corps.

f. The senior commanders of the military and law enforcement forces.

7. Resolving disputes and regulating relations among the three branches of government.

8. Resolving the problems of the system which cannot be resolved by ordinary means, through the Expediency Discernment Council of the System.

9. Signing the decree of the Presidency of the Republic after the people's election. The qualifications of candidates for the Presidency, in terms of possessing the conditions set forth in this Law, must be confirmed by the Guardian Council before the elections, and in the first term by the Leader.

10. Dismissal of the President of the Republic, with due regard for the interests of the country, following a ruling by the Supreme Court of the country that he has violated his legal duties, or a vote by the Islamic Consultative Assembly of his incompetence, on the basis of Article Eighty Nine.

11. Pardoning or commuting the sentences of convicts within the limits of Islamic standards, upon the proposal of the Head of the Judiciary.

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

Article One Hundred and Eleven

Whenever the Leader becomes incapable of performing his legal duties, or loses one of the conditions mentioned in Articles Five and One Hundred and Nine, or it becomes known that from the beginning he lacked some of the conditions, he shall be removed from his position. The determination of this matter rests with the Assembly of Experts mentioned in Article One Hundred and Eight. In the event of the death, resignation, or dismissal of the Leader, the Experts are obliged to take action as soon as possible to determine and introduce a new Leader. Until the Leader is introduced, a council composed of the President of the Republic, the Head of the Judiciary, and one of the jurists of the Guardian Council selected by the Expediency Discernment Council of the System shall temporarily assume all the duties of the Leadership; and if during this period one of them is, for any reason, unable to perform his duty, another person shall be appointed in his place in the council by selection of the Council, while maintaining the majority of jurists. This council, with respect to the duties of clauses 1, 3, 5, and 10 and parts (d), (e), and (f) of clause 6 of Article One Hundred and Ten, shall act after approval by three fourths of the members of the Expediency Discernment Council of the System.

Whenever the Leader, as a result of illness or another incident, temporarily becomes incapable of performing the duties of the Leadership, during this period the council mentioned in this Article shall assume his duties.

Article One Hundred and Fifty

The Islamic Revolutionary Guard Corps, which was formed in the first days of the victory of this Revolution, shall remain in place in order to continue its role in guarding the Revolution and its achievements. The scope of the duties and the domain of responsibility of this Corps in relation to the duties and the domain of responsibility of the other armed forces, with emphasis on brotherly cooperation and coordination among them, shall be determined by law.

Article One Hundred and Fifty Four

The Islamic Republic of Iran regards the felicity of man throughout human society as its ideal, and recognizes independence, freedom, and the rule of truth and justice as the right of all the people of the world. Therefore, while completely refraining from any kind of interference in the internal affairs of other nations, it supports the righteous struggle of the oppressed against the arrogant in every point of the world.