Peyvast

Click here for parts I & II

Part III: Reviewing the 1979 Islamic Republic Constitution
Note: Scripts from constitution are in [italics]

The essence of the constitution of the Islamic Republic is defined in its PREAMBLE where it clearly states that although the clergy were intended to play a basic and prominent role in the Monarchy Constitution but their role was trailed off in to stagnation. In the introduction of the Islamic Republic Constitution, the clergy basically claims the 1906 revolution to be of its own that had been deviated and then defines the 1979 “Islamic revolution” as a revolt to regain control. Here is a script of its text:

[The unique characteristic of this Revolution, as compared with other Iranian movements of the last century, is that it is religious and Islamic. The Muslim people of Iran, after living through an anti-despotic movement for constitutional government, and anti-colonialist movement for the nationalization of petroleum, gained precious experience in that they realized that the basic and specific reason for the failure of those movements was that that they were not religious ones. Although in those movements Islamic thinking and the guidance of a militant clergy played a basic and prominent part, yet they swiftly trailed off into stagnation, because the struggle deviated from the true Islam.]

An important point to note is that in the introduction, Islamic Constitution sets a historical perspective at Khomeini’s revolt to Shah’s ”White Revolution” reforms as “American Plot” of the “world imperialism” and defines it as its own

“motive”. Naming another country (USA) within the text of a nation’s constitution is somewhat unique in its nature which can explain the inherent hostilities of the Islamic Republic against USA:

[Imam Khomeini's crushing protest against that American plot, The White Revolution, which was a step taken with a view to strengthening the foundations of the despotic regime and consolidating Iran's political, cultural and economic links with World Imperialism, was the motive force behind the united uprising of the nation.]

Another unique aspect of the Islamic Republic Constitution is that it often refers to Iranians as “Muslim Nation” and it other words it rubs them off their national identity and gives them a religious and universal one. Here are some examples:

[The Constitution of the Islamic Republic of Iran sets forth the cultural, social, political and economic institutions of the people of Iran, based on Islamic principles and rules, and reflecting the fundamental desires of the Islamic people

….The essence of the great Islamic Revolution of Iran, and the course of the struggle of the Muslim people from its beginning to its victory

…. While this was going on firing squads, medieval torture, and long imprisonment were the price our Muslim nation paid to demonstrate its firm resolve to continue the struggle

….. and (asserting) the awareness and determination of the Islamic nation ever more widely and deeply]

In introduction Islamic Republic considers itself as “a new chapter for popular revolution” in the world against “Imperialism” and assumes the responsibility” of “continuation of that revolution both inside and outside the country ..by developing relations with other Islamic movements.. towards a united single world community… to the continuation of the progressive struggle for the rescue of deprived and oppressed nations throughout the world.” At this point it assumes this task by stating that” devout men have the responsibility for government and administration of the country”….. with “exact and serious supervision” by “Islamic scholars” and then sets foundation for “THE GUARDIANSHIP” of the Iranians by one man:

[…. It was successful in crushing all the calculations and maneuverings of Imperialism. A new chapter opened up in its own way for popular revolutions in the world….. This great victory brought the glad tidings of final triumph and was the prelude to Islamic Government which was the long-felt desire of the Muslim people…… The Constitution, having regard to the Islamic contents of the Iranian Revolution, which was a movement for the victory of all the oppressed over the arrogant, provides a basis for the continuation of that revolution both inside and outside the country. It particularly tries to do this in developing international relations with other Islamic movements and peoples, so as to prepare the way towards a united single world community ("Your community is one community, and I am your Lord who you are to worship") Quotation from the Arabic and to the continuation of the progressive struggle for the rescue of deprived and oppressed nations throughout the world…..In creating the political structures and foundations for organizing society on the basis of acceptance of religion, devout men have the responsibility for government and administration of the country….. Therefore there is great necessity for exact and serious supervision by just and virtuous and dedicated Islamic scholars… THE GUARDIANSHIP OF THE JUST MAN OF RELIGIOUS LAW]

Islamic Republic Constitution also changed the role of Iranian army and its newly formed partner Pasdaran to a” religious army” with the “responsibility not only for the safeguarding of the frontiers, but also for a religious mission, which is Holy War (JIHAD) along the way of God, and the struggle to extend the supremacy of God’s Law in the world”. With “utmost” of “power, including steeds of war, to strike terror into the hearts of the enemies of God and your enemies, and others beside”:

[THE RELIGIOUS ARMY …..have responsibility not only for the safeguarding of the frontiers, but also for a religious mission, which is Holy War (JIHAD) along the way of God, and the struggle to extend the supremacy of God's Law in the world. …."Against them make ready your strength to the utmost of your power, including steeds of war, to strike terror into the hearts of the enemies of God and your enemies, and others beside"(Quotation from the Arabic)]

As for judiciary its “vital” goal was expanded to “preventing” “deviation within the Islamic community” “with the exact rules of the Islamic code”:

[The question of the judiciary in relation to the safeguarding of the people's rights along the line (adopted by) the Islamic movement with the object of preventing localized deviation within the Islamic community, is a vital one. Thus provision must be made for the establishment of a judicial system on the basis of Islamic justice, manned by just judges, well acquainted with the exact rules of the Islamic code. ]

The role of public media was also changed to “development of Islamic revolution” and to “refrain” from any other views that could be construed as “destructive and anti-Islamic”:

[The public media (radio-television) must take their place in the process of development of the Islamic revolution, and must serve in the propagation of Islamic culture. In this sphere they must look for opportunities for a healthy exchange of differing ideas, and must rigorously refrain from the propagation and encouragement of destructive and anti-Islamic qualities (ideas).]

The introduction to the Islamic Republic constitution ends with the goal of a “century of the rule of the world by the oppressed, and the complete overthrow of the arrogant ones.”

[….the establishment of the redeeming faith of Islam with the aims and motives described above, and in the hope that this century will be the century of the rule of the world by the oppressed, and the complete overthrow of the arrogant ones.]

In article 2.5, the constitution sets the role of “continuous” and “uninterrupted” leadership of the clergy

[Continuous leadership (imamah) and perpetual guidance, and its fundamental role in ensuring the uninterrupted process of the revolution of Islam]

In article 3.1 the role of government in Islamic Republic expands to creating a “favorable environment “ for “moral virtues” “against all forms of vice and corruption” as defined by the clergy

[the creation of a favorable environment for the growth of moral virtues based on faith and piety and the struggle against all forms of vice and corruption;]

Article 3.12 and 4 expand the role of armed forced to “the Islamic order of the country”

[3.12 …all round strengthening of the foundations of national defense to the utmost degree by means of universal military training for the sake of safeguarding the independence, territorial integrity, and the Islamic order of the country;

Article 4… .All civil, penal financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic criteria. This principle applies absolutely and generally to all articles of the Constitution as well as to all other laws and regulations, and the fuqaha' of the Guardian Council are judges in this matter.]

Article 5 is of utmost importance as it sets the Vali Faghih as the ruler of the nation in the absence of the 12^th Imam of Shia which is supposed to eventually appear . But what is important to note is that in the initially formed constitution of 1979, article 5 stated that Vali Faghih must be accepted by the majority of people and in the absence of such majority a council of clergy would assume this role, however 10 years later the role of the people in this important decision was completely wiped off by the clergy and the article was changed ] (see Persian text for both versions of the article):

[Article 5. During the Occultation of the Wali al-Asr (may God hasten his reappearance), the wilayah and leadership of the Ummah devolve upon the just ('adil] and pious [muttaqi] faqih, who is fully aware of the circumstances of his age; courageous, resourceful, and possessed of administrative ability, will assume the responsibilities of this office in accordance with Article 107.]

In article 12, just as the Monarchist Constitution the Islamic Republic Constitution sets the official religion of country as “Islam and the Twelver Ja’fari school “ and article 13 then recognizes only “Zoroastrian, Jewish, and Christian Iranians “ and thereafter article 14 requires the government to respect the human rights of ALL non-Muslims as long as they refrain from conspiracy and activity against the Islamic Republic:

[Article 12. The official religion of Iran is Islam and the Twelver Ja'fari school [in usual al-Din and fiqh], and this principle will remain eternally immutable. Other Islamic schools, including the Hanafi, Shafi’i, Maliki, Hanbali, and Zaydi, are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites. ….

Article 13….Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities…

Article 14. …. the government of the Islamic Republic of Iran and all Muslims are duty-bound to treat non-Muslims in conformity with ethical norms and the principles of Islamic justice and equity, and to respect their human rights. This principle applies to all who refrain from engaging in conspiracy or activity against Islam and the Islamic Republic of Iran.]

Article 16 makes teaching Arabic mandatory although the official language of Iran is announced as Persian in prior article

[Article 16 .. Since the language of the Qur'an and Islamic texts and teachings is Arabic, and since Persian literature is thoroughly permeated by this language, it must be taught after elementary level, in all classes of secondary school and in all areas of study.]

Article 17 recognizes the Islamic and Arabic Lunar calendar equally with the Persian Solar Calendar

[Article 17.…. the solar and lunar Islamic calendars are recognized, but government offices will function according to the solar calendar…]

Article 18, places the Arabic “emblem” of Allah and the Arabic words of “Allaho Akbar” within the Iranian Flag

[Article 18. The official flag of Iran is composed of green, white and red colors with the special emblem of the Islamic Republic, together with the motto (Allah-o Akbar)]

Article 20 limits the protection of law to limits of the Islamic criteria. The same applies to rights of women in article 21

[Article 20 …All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria.

Article 21…The government must ensure the rights of women in all respects, in conformity with Islamic criteria……]

Article 24 excludes the freedom of press except in cases of “infringement of the basic tenets of Islam”

[Article 24 …Publications and the press have freedom of expression except when it is where there is infringement of the basic tenets of Islam or public rights. In this respect detailed provisions will be laid down by law.]

Article 26 prohibits political parties if they “violate” “Islamic standards” or “foundations of the Islamic Republic “. Article 27 allows assemblies and marches as long as “no violation of the foundations of Islam is involved. In the case of religious minorities such gatherings are only allowed by the ones who are officially “recognized”:

[Article 26…Political parties, societies, political and craft associations, and Islamic or recognized minority religious associations may be freely brought into being, provided that no violation is involved of the principles of independence, freedom, national unity, Islamic standards, and the foundations of the Islamic Republic.

Article 27…Unarmed assemblies and marches may be freely organized, provided that no violation of the foundations of Islam is involved.]

Article 28 limits people’s employment within Islamic guidelines:

[Article 28…Every person is entitled to choose the employment he wishes, so long as it is not contrary to Islam or the public interest or the rights of others.]

Article 57 is another important article of Islamic Republic that was changed in later years by adding the word “absolute” to the power of Vali Faghih.!! ] (see Persian text for both versions of the article):

[Article 57…The powers of government in the Islamic Republic are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute wilayat al-'amr and the leadership of the Ummah, in accordance with the forthcoming articles of this Constitution. These powers are independent of each other. ]

In article 60 executory powers of the president is given excluding those of Vali Faghih (which were previously defined as “absolute” in article 57!):

[Article 60…The functions of the executive, except in the matters that are directly placed under the jurisdiction of the Leadership by the Constitution, are to be exercised by the president and the ministers.]

Article 61 sets the judiciary laws in accordance to ‘criteria of Islam” and “Divine limits”

[Article 61…The function of the judiciary are to be performed by courts of justice, which are to be formed in accordance with the criteria of Islam, and are vested with the authority to examine and settle lawsuits, protect the rights of the public, dispense and enact justice, and implement the Divine limits (al-hudud al-Ilahiyyah) ]

Article 64 only allows Jews and Zoroastrians and Christians to have a representitive in the parliament which means all other members of the parliament must be Muslim.

[Article 64…… The Zoroastrians and Jews will each elect one representative; Assyrian and Chaldean Christians will jointly elect one representative; and Armenian Christians in the north and those in the south of the country will each elect one representative.]

The representative of the allowed religious minorities although can swear on their own holy book but they are obligated to promise under oath to “protect the sanctity of Islam and guard the accomplishments of the Islamic Revolution of the Iranian people and the foundations of the Islamic Republic”:

[Article 67…Members of the Assembly must take the following oath at the first session of the Assembly and affix their signatures to its text: In the Name of God, the Compassionate, the Merciful. In the presence of the Glorious Qur'an, I swear by God, the Exalted and Almighty, and undertake, swearing by my own honor as a human being, to protect the sanctity of Islam and guard the accomplishments of the Islamic Revolution of the Iranian people and the foundations of the Islamic Republic; …..Members belonging to the religious minorities will swear by their own sacred books while taking this oath. ]

Articles 72 through 99 specifically limit the parliament representatives of enactment of any laws and government approvals to only those laws that are approved by the religious Guardian Council as Islamic, and it gives full authority to the members of Guardian Council over the legislative process. The members of Guardian council are all hand selected clergy; half by Vali Faghih and other half by the parliament. Interpretation of the constitution is also left to the Guardian Council. Elections are also monitored and controlled by them.

[Article 72…The Islamic Consultative Assembly cannot enact laws contrary to the usual and ahkam of the official religion of the country or to the Constitution. It is the duty of the Guardian Council to determine whether a violation has occurred, in accordance with Article 96.

Article 85…the government approvals must not be inconsistent with the principles and commandments of the official religion in the country and or the Constitution which question shall be determined by the Guardian Council in accordance with what is stated in Article 96.

Article 91…With a view to safeguard the Islamic ordinances and the Constitution, in order to examine the compatibility of the legislation passed by the Islamic Consultative Assembly with Islam, a council to be known as the Guardian Council is to be constituted with the following composition:

1. six 'adil fuqaha' conscious of the present needs and the issues of the day, to be selected by the Leader.
2. six jurists, specializing in different areas of law, to be elected by the Islamic Consultative Assembly from among the Muslim jurists nominated-by the Head of the Judicial Power.

Article 93…The Islamic Consultative Assembly does not hold any legal status if there is no Guardian Council in existence, except for the purpose of approving the credentials of its members and the election of the six jurists on the Guardian Council.

Article 94…All legislation passed by the Islamic Consultative Assembly must be sent to the Guardian Council. The Guardian Council must review it within a maximum of ten days from its receipt with a view to ensuring its compatibility with the criteria of Islam …..

Article 96…The determination of compatibility of the legislation passed by the Islamic Consultative Assembly with the laws of Islam rests with the majority vote of the fuqaha' on the Guardian Council…..

Article 98…The authority of the interpretation of the Constitution is vested with the Guardian Council, which is to be done with the consent of three-fourths of its members.

Article 99…The Guardian Council has the responsibility of supervising the elections of the Assembly of Experts for Leadership, the President of the Republic, the Islamic Consultative Assembly, and the direct recourse to popular opinion and referenda.]

Article 107 is another article that was completely changed from the original constitution which stated that if an eligible Vali Faghih was not found, the role would be assigned to a leadership council. The new version which was implemented in future years stated that only one of the qualified Ayatollahs will assume that role. ] (see Persian text for both versions of the article)

Additionally although article 107 specifically states that “The Leader is equal with the rest of the people of the country in the eyes of law“ but to date and in reality questioning the supreme leader can have serious consequences including political imprisonment in Iran:

[Article 107….…the task of appointing the Leader shall be vested with the experts elected by the people. The experts will review and consult among themselves concerning all the fuqaha' possessing the qualifications specified in Articles 5 and 109. In the event they find one of them better versed in Islamic regulations, the subjects of the fiqh, or in political and social Issues, or possessing general popularity or special prominence for any of the qualifications mentioned in Article 109, they shall elect him as the Leader. Otherwise, in the absence of such superiority, they shall elect and declare one of them as the Leader. The Leader thus elected by the Assembly of Experts shall assume all the powers of the wilayat al-amr and all the responsibilities arising there from. The Leader is equal with the rest of the people of the country in the eyes of law.]

Article 110 which defines the responsibility of the supreme leader was another one of the articles that was changed in later years by taking away any choice of national referendum from the people and assigning it to the supreme leader! Another item added was “Supervision over the proper execution of the general

policies of the system”. ] (see Persian text for both versions of the article):

Article 110 also gives the Supreme leader the role of supreme commander of armed forces and the one who can declare war and peace (These two were responsibilities of the Shah in the Monarchy constitution). The control of Radio and Television is also given to Vali Faghih in this article:

[Article 110…Following are the duties and powers of the Leadership:

1. Delineation of the general policies of the Islamic Republic of Iran after consultation with the Nation's Exigency Council.
2. Supervision over the proper execution of the general policies of the system.
3. Issuing decrees for national referenda.
4. Assuming supreme command of the armed forces.
5. Declaration of war and peace, and the mobilization of the armed forces.
6. Appointment, dismissal, and acceptance of resignation of:
   1. The fuqaha' on the Guardian Council.
      b. The supreme judicial authority of the country.
      c. The head of the radio and television network of the Islamic Republic of Iran.
      d. The chief of the joint staff.
      e. The chief commander of the Islamic Revolution Guards Corps.
      f. The supreme commanders of the armed forces.

. 7................]

Article 142 was another part of the constitutional coup-de-tat that took place in later years. Previously supervision of the assets of the supreme leader and other executory divisions of the government was assigned to a Supreme council of judiciary , however this was changed and the duty was assigned to the head of judiciary who is hand selected by the supreme leader! (see Persian text for both versions of the article):

[Article 142 ….The assets of the Leader, the President, the deputies to the President, and ministers, as well as those of their spouses and offspring, are to be examined before and after their term of office by the head of the judicial power, in order to ensure they have not increased in a fashion contrary to law.]

Article 142 defines the army as an Islamic Army:

[Article 144…The Army of the Islamic Republic of Iran must be an Islamic Army, i.e., committed to Islamic ideology and the people, and must recruit into its service individuals who have faith in the objectives of the Islamic Revolution and are devoted to the cause of realizing its goals.]

Article 157 was also victim of the constitutional coup-de-tat which was later enforced. Initially the supervision of judiciary was by a supreme council elected by the members of judiciary however this article was later changed and assigned the role to only one person as the head of judiciary which was hand selected by the Vali Faghih. Additionally the revised article required that the head of judiciary be a member of the clergy ] (see Persian text for both versions of the article):

[ Article 157…In order to fulfill the responsibilities of the judiciary power in all the matters concerning judiciary, administrative and executive areas, the Leader shall appoint a just Mujtahid well versed in judiciary affairs and possessing prudence. and administrative abilities as the head of the judiciary power for a period of five years who shall be the highest judicial authority.]

Article 170 requires the judges to refrain from any rulings that are in conflict with Islam

[Article 170…Judges of courts are obliged to refrain from executing statutes and regulations of the government that are in conflict with the laws or the norms of Islam, or lie outside the competence of, the executive power. ….]

Article 175 gives the control of Radio and Television to the Vali Faghih and requires it to adhere to Islamic criteria. This was also another changed item , while before the responsibility was given to the there executive, legislative and judiciary powers ] (see Persian text for both versions of the article)::

[Article 175…The freedom of expression and dissemination of thoughts in the Radio and Television of the Islamic Republic of Iran must be guaranteed in keeping with the Islamic' criteria and the best interests of the country. The appointment and dismissal of the head of the Radio and Television of the Islamic Republic of Iran rests with the Leader. A council consisting of two representatives each of the President, the head of the judiciary branch and the Islamic Consultative Assembly shall supervise the functioning of this organization]

References: Islamic Republic Constitution:
Persian including changes
1989 Changes in the Constitution
English

Next Article:

Part IV: Conclusion

Another Cease fire is needed and Palistinians must get rid of Hamas and stop supporting extremists if they ever want to see peace.

The following article is not intended to study the events and historical importance of the Iranian revolutions of 1906 and 1979 but to review the two constitutions that resulted from them and their present applicability’s.

Part I: Summary

The 1906 Iranian constitution and its amendment in 1907 although very progressive and revolutionary at the time, because of the extreme powers that it assigns to the Royal and Religious authorities (Shah and Clergy), can not be considered as an alternative, not even a temporary one for the present Iran.

The 1979 constitution of the Islamic Republic also had some progressive articles buried within it but again due to its religious intent and the ultimate powers assigned to the supreme leader (Vali Faghih) and clergy, it can not reflect the demands of Iranians.

In fact putting the forms aside, the two constitutions fundamentally have much in common. Although they both intend to divide the powers among the three divisions of legislative, judiciary and executive powers but all three branches remain to be under full control and supervisions of the clergy and/or royalty. Any laws passed in either parliament had tofirst be reviewed by a group of clergy for compliance with Shia Islam and then still the ultimate veto and approval powers remain with the Monarch or the Faghigh.

They both consider Shia as the official religion of Iran and require Monarch and Faghih to protect and even expand the Shia Islam thought the land.

In fact under the Monarchist constitution if the Shah happens to be a Muslim fundamentalist, he could hardly be distinguished from its Vali Faghih counterpart except in the difference between a crown and a turban.

In case of 1906 constitution some of the powers of the shah were taken away and assigned to the parliament but by the time of completion of its amendment in 1907, the Shia clergy had taken much control over the form of the constitution and its lawmaking process.

The same was true with the revolution of 1979 which was participated by people and groups of different views, but by the time it reached the formation of constitution, the clergy formatted their own will within the texts of the constitution.

What is obvious is that neither of the two constitutions is secular nor present the needs of Iranand Iranians today. Today we can not and should not recognize any title or power who claims its legitimacy based on either of the two constitutions.

However, putting aside the influence and power of the Shia Clergy in both constitutions, one can not deny the evolutionary trend from the ultimate Monarchy to constitutional Monarchy in 1906 to a Republic in 1979 with the past 100+ years of Iranian history.

In next sections I have posted only some of the flaws of the both constitutions which range from discriminatory by gender, age, religion and title to giving ultimate powers to the King or the clergy.

It should be reiterated that the 100+ year old monarchy constitution was the result of heroic struggles of many respected Iranians and it contained many progressive articles but its historical and revolutionary aspect is not the subject of this article which is only studying its present applicability.

Part II: Some of the flaws of 1906/1907 Monarchy Constitution:

scripts from constitution are in [italics]

Discriminatory electoral laws:

[ART. 3. The persons who are entirely deprived of electoral rights are as follows: (i) women : (ii) persons not within years of discretion, and those who stand in need of a legal guardian: (iii) foreigners: (iv) persons whose age falls short of twenty-five years: (v) persons notorious for mischievous opinions: (vi) bankrupts who have failed to prove that they were not fraudulent: (vii) murderers, thieves, criminals, and persons who have undergone punishment according to the Islamic Law, as well as persons suspected of murder or theft, and the like, who have not legally : (viii) persons actually serving in the land or sea forces]

The persons who are conditionally deprived of electoral rights are as follows: (i) governors, and assistant governors, within the area of their governments: (ii) those employed in the military or police within the area of their appointments.

ART. 4. Those elected must possess the following qualifications: (i) they must speak Persian: (ii) they must be able to read and write Persian: (iii) they must be Persian subjects of Persian extraction: (iv) they must be locally known: (v) they must not be in government employment: (vi) their age must be not less than thirty or more than seventy: (vii) they must have some insight into affairs

ART. 5. Those persons who are debarred from being elected are: (i) women : (ii) foreign subjects : (iii) those who are actually serving in the land or sea forces : (iv) fraudulent bankrupts : (v) persons who have been guilty of murder or theft; criminals ; persons who have undergone punishment conformably with the Islamic Law; and persons suspected of murder, theft and the like, who have not legally exculpated themselves: (vi) those whose age falls short of thirty: (vii) those who are notorious for evil doctrine, or who live in open sin. ]

Parliament Oath was only to Quran, not allowing options for other beliefs. Also all members of parliament must believe in monarchy and if they support any other form of government such as republic etc that is considered an act of treason. Naturally if this applied to parliament members it also expanded to normal citizens which was a ground for political imprisonments that followed thereafter:

[ART. II. Members of the Assembly, on taking their seats, shall take and subscribe to the following form of oath: "We the undersigned take God to witness, and swear on the Qur'án, that, so long as the rights of the Assembly and its Members are observed and respected, in conformity with these Regulations, we will, so far as possible, discharge, with the utmost truth, uprightness, diligence and endeavor, the duties confided to us; that we will act loyally and truthfully towards our just and honored Sovereign, commit no treason in respect of either the foundations of the Throne or the Rights of the People, and will consider only the advantage and well being of Persia." ]

These following sections gave the ultimate veto power to Shah which provided the constitutional grounds for future dictatorship:

[ART. 15. The National Consultative Assembly has the right in all questions to propose any measure which it regards as conducive to the well-being of the Government and the People, after due discussion and deliberation thereof in all sincerity and truth; and, having due regard to the majority of votes, to submit such measure, in complete confidence and security, after it has received the approval of the Senate, by means of the First Minister of the State, so that it may receive the Royal Approval and be duly carried out.

ART. 17. The National Consultative Assembly shall, when occasion arises, bring forward such measures as shall be necessary for the creation, modification, completion or abrogation of any Law, and, subject to the approval of the Senate, shall submit it for the Royal Sanction, so that due effect may thereafter be given to it.

ART. 33. New laws which are needed shall be drafted and revised in the Ministries which are respectively responsible, and shall then be laid before the Assembly by the responsible Ministers, or by the Prime Minister. After being approved by the Assembly, and ratified by the Royal Signature, they shall be duly put into force]

Half of the Senate members were HAND SELECTED by Shah! and also constitution gave 50% of power to City of Tehran regardless of population percentage versus the rest of the nation:

[ART. 45. The Members of this Assembly shall be chosen from amongst the well-informed, discerning, pious and respected persons of the Realm. Thirty of them shall be nominated on the part of His Imperial Majesty (fifteen of the people of ִTehran, and fifteen of the people of the Provinces), and thirty by the Nation (fifteen elected by the people of Tehran, and fifteen by the people of the Provinces). ]

THE SUPPLEMENTARY FUNDAMENTAL LAWS OF OCTOBER 7, 1907:

The next few articles of the monarchy constitution are almost as if are the same as the Islamic Republic Constitution!

Not only the Official Religion of Iran was recognized as Shia Jafari of 12 Imam but Shah had the duty to promote it:

[ART. I. The official religion of Persia is Islam, according to the orthodox Já'farí doctrine of the Ithna 'Ashariyya (Church of the Twelve Imáms), which faith the Sháh of Persia must profess and promote. ]

This part is almost the same as the Islamic Republic!:

[ART. 2. At no time must any legal enactment of the Sacred National Consultative Assembly, established by the favor and assistance of His Holiness the Imam of the Age (may God hasten his glad Advent !), the favor of His Majesty the Sháhinsháh of Islám (may God immortalize his reign!), the care of the Proofs of Islám (may God multiply the like of them !), and the whole people of the Persian nation, be at variance with the sacred principles of Islám or the laws established by His Holiness the Best of Mankind ¹ (on whom and on whose household be the Blessings of God and His Peace!)]

This is similar to Guardian Council (Shoraye Negahban) of Islamic Republic :

[It is hereby declared that it is for the learned doctors of theology (the 'ulamá)—may God prolong the blessing of their existence!—to determine whether such laws as may be proposed are or are not conformable to the principles of Islám; and it is therefore officially enacted that there shall at all times exist a Committee composed of not less than five mujtahids or other devout theologians, cognizant also of the requirements of the age, [which committee shall be elected] in this manner. The ‘ulamá and Proofs of Islám shall present to the National Consultative Assembly the names of twenty of the ‘ulamá possessing the attributes mentioned above; and the Members of the National Consultative Assembly shall, either by unanimous acclamation, or by vote, designate five or more of these, according to the exigencies of the time, and recognize these as Members, so that they may carefully discuss and consider all matters proposed in the Assembly, and reject and repudiate, wholly or in part, any such proposal which is at variance with the Sacred Laws of Islám, so that it shall not obtain the title of legality. In such matters the decision of this Ecclesiastical Committee shall be followed and obeyed, and this article shall continue unchanged until the appearance of His Holiness the Proof of the Age (may God hasten his glad Advent !) ]

This section gives power to Shria:

[ART. 15. No property shall be removed from the control of its owner save by Sharia sanction [mojvez Shar’ee] and then only after its fair value has been determined and paid.

ART. 18. The acquisition and study of all sciences, arts and crafts is free, except in the case of such as may be forbidden by the Sharia law (Shar’an)]

Publications construed as anti-Islam is illegal:

[ART. 20. All publications, except heretical books and matters hurtful to the perspicuous religion [of Islám] are free, and are exempt from the censorship. If, however, anything should be discovered in them contrary to the Press law, the publisher or writer is liable to punishment according to that law. If the writer be known, and be resident in Persia, then the publisher, printer and distributor shall not be liable to prosecution.]

Any public association and assembly that is considered mischief to Islam is illegal :

[ART. 21. Societies (anjumans) and associations (ijtimá'át) which are not productive of mischief to Religion or the State, and are not injurious to good order, are free throughout the whole Empire, but members of such associations must not carry arms, and must obey the regulations laid down by the Law on this matter. Assemblies in the public thoroughfares and open spaces must likewise obey the police regulations.

Legislative power must comply with Shria law and with Sharia tribunals :

[ART. 27. The powers of the Realm are divided into three categories. First, the legislative power, which is especially concerned with the making or amelioration of laws. This power is derived from His Imperial Majesty, the National Consultative Assembly, and the Senate, of which three sources each has the right to introduce laws, provided that the continuance thereof be dependent on their not being at variance with the standards of the Sharia law, and on their approval by the Members of the two Assemblies, and the Royal ratification. The enacting and approval of laws connected with the revenue and expenditure of the kingdom are, however, specially assigned to the National Consultative Assembly. The explanation and interpretation of the laws are, moreover, amongst the special functions of the above‐ mentioned Assembly.

Second, the judicial power, by which is meant the determining of rights. This power belongs exclusively to the Sharia tribunals in matters connected with the Shria law, and to the civil tribunals in matters connected with ordinary law. ]

Shah has executive power :

[Third, the executive power, which appertains to the King, that is to say, the laws and ordinances are carried out by the Ministers and State officials in the august name of His Imperial Majesty in such manner as the Law defines. ]

Shah legitimacy is given by God just as Vali Faghih is in Islamic Republic :

[ART. 35. The Kinghood (Saltanat) is a trust confided (as a Divine gift) by the people to the person of the King.]

Shah’s responsibility under oath is to promote the Ja ‘farí Shia doctrine of the Church of the Twelve Imáms:

[ART. 39. No King can ascend the Throne unless, before his coronation, he appear before the National Consultative Assembly, in presence of the Members of this Assembly and of the Senate, and of the Cabinet of Ministers, and repeat the following oath:

"I take to witness the Almighty and Most High God, on the glorious Word of God, and by all that is most honored in God's sight, and do hereby swear that I will exert all my efforts to preserve the independence of Persia, safeguard and protect the frontiers of my Kingdom and the rights of my People, observe the Fundamental Laws of the Persian Constitution, rule in accordance with the established laws of Sovereignty, endeavor to promote the Ja 'farí doctrine of the Church of the Twelve Imáms, and will in all my deeds and actions consider God Most Glorious as present and watching me. I further ask aid from God, from Whom alone aid is derived, and seek help from the holy spirits of the Saints of Islám [Oliyaye Islam] to render service to the advancement of Persia.” ]

Shah is above law and can not be held responsible for his actions!:

[ART. 44. The person of the King is exempted from responsibility. The Ministers of State are responsible to both Chambers in all matters. ]

Shah SELECTS and dismiss ministers at own will!:

[ART. 46. The appointment and dismissal of Ministers is effected by virtue of the Royal Decree of the King. ]

Shah is in charge of armed forces and can declare war or end it as he desires and parliament has no say in it!:

[ART. 50. The supreme command of all the forces, military and naval, is vested in the person of the King.

ART. 51. The declaration of war and the conclusion of peace are vested in the King. ]

Shah can shut down parliament and senate:

[ART. 54. The King can convoke in extraordinary session the National Consultative Assembly and the Senate.]

Only Muslims are qualified to be government ministers :

[ART. 58. No one can attain the rank of Minister unless he be a Muslim by religion, a Persian by birth, and a Persian subject. ]

Clergy are in charge of judicial decision making on matters of Sharia :

[ART. 71. The Supreme Ministry of Justice and the judicial tribunals are the places officially destined for the redress of public grievances, while judgment in all matters falling within the scope of the Ecclesiastical Law is vested in just mujtahids possessing the necessary qualifications. ]

Judiciary head and supreme court are also controlled and selected by Shah :

[ART. 80. The presidents and members of the judicial tribunals shall be chosen in such manner as the laws of justice determine, and shall be appointed by Royal Decree.]

Shah even selects the public prosecutor which also must be approved by ruling Ayatollah:

[ART. 83. The appointment of the Public Prosecutor is within the competence of the King, supported by the approval of the Sharia judge. (Hakem Shar’ee)]

Elected officials must have been Muslims except in case of Christians, Zoroastrians and Jews. Others such as Baha’i’s were not recognized.

[Section III. ART. 7. Candidates for Election must possess the following qualities and status: i. They must profess the Faith of His Holiness Muhammad the son of 'Abdu'lláh, unless they represent the Christian, Zoroastrian, or Jewish communities, in which case also they must be sound in their respective beliefs. ....]

Amendment to Amendment of constitution:

In this amendment, any parliamentary votes to amend the constitution required Shah’s ultimate approval and also any resulted constitutional amendments have be approved by Shah.

References: 1906/1907 Constitution: Persian English

Next :
Part III: Reviewing the 1979 Islamic Republic Constitution
Part IV: Conclusion

If this idiot is called a journalist and now even a hero, we need to change the true meaning of both words in dictionary.

It is sad that we have been reduced to defending, justifying and celebrating freedom of shoepression!  

Opposing one extremism with another will not get us anywhere, from a distance they both are the same and all that those who defend one or another do is to fuel the fires caused by bombs falling from the sky or the ones hidden in backpacks.

We used to respect journalists’ pens and cameras and now we clap at their disgraceful shoes ..Shame

Shahre Ziba (Beautiful City-2004 ) is an Iranian movie directed by Asghar Farhadi about a young boy in the juvenile prison who plans a birthday party for a friend. But the birthday turns out to be a sad and angry one because it also signifies that his friend, having reached 18, will soon be executed. His friend is sentenced to death for having murdered a girl that he loved in a joint suicide attempt.
 
After his release on parole, the boy attempts to convince the family of the victim to forgive his friend. In

the meantime the boy falls in love with his friend’s sister who still lives in the house of her ex-husband whom she has a child with. The boy and the sister of the juvenile facing execution eventually obtain the pardon of the victim’s father with the condition of paying blood money retribution, a money that they do not have. Victim’s step mother instead asks the boy to marry her physically challenged daughter in exchange for the blood money.
 
There are a lot of trials and tribulations throughout the movie. The movie paints a realistic image of a society where many are trapped in the sets of religious beliefs, laws and system which in reality are the root causes of their miseries and problems - many self inflicted! Having very limited financial means, the main characters of the movie are caught in an Islamic justice system which is determined by monetary values.
 
Even the father of the victim is required to pay blood money in order to have the juvenile boy executed , because the boy’s life also has a monetary value twice the value of the life of his daughter (the victim). Trying to have the boy executed, the father of the victim even tries to sell their only home to come up with the money required of him by the law.
 
At the end, the characters whom represent the lower income and religious segment of the Iranian population , all face making difficult decisions. The father of the victim with the decision to ask (or not) for execution by insisting on blood money. The boy with the decision to sacrifice his life by marrying the physically challenged daughter or face possibility of his friend’s execution. The sister of the juvenile faces the dilemma of accepting the love of his brother’s friend and to face potential execution of his brother or to let him get married to the girl he doesn’t love in order to save her brother.
 
The movie ends with no good or bad guys. In fact they all seem to be victims of a system and belief that rules them both externally and internally. Even the prison guard is a nice person who cares about the jailed juveniles The local mullah also tries to help but once he fails, he justifies all outcomes based on a belief system that on one hand justifies revenge and on the other promotes mercy and compassion!.

As much as the viewers hope, the film does not end with a closure because the unresolved problems and similar stories are still on-going in the Islamic Republic of Iran …..

There are currently more than 140 juveniles facing execution in Iran. International Laws prohibit child executions. For more information and to sign the petition visit: www.stopchildexecutions.com

http://www.ozpersia.com/Download/177/Shahre-Ziba-Beautiful-City-

Some of the videos that made in the past couple of years can be found on these two you tube sites. They also are published on video.google.com.
http://www.youtube.com/user/beyondmedia
http://www.youtube.com/user/stopchildexecutions
With nearly 380,000 viewers , this one has been viewed the most:  http://www.youtube.com/watch?v=6lFNx3n0MNM. So far it has received more than 1600 comments

Following are the list of solution that I offered on abolishing Child Executions in Iran:
A word of thanks to Nazanin Afshin-Jam and D. W. Duke for edits and assistance.

POWERPOINT  DOWNLOAD : www.stopchildexecutions.com/solutionsPP.ppt
POWERPOINT ONLINE: www.stopchildexecutions.com/solutionsPP.htm
HTML: http://www.stopchildexecutions.com/scesolutions.aspx

We at SCE have been working on publishing the most comprehensive report on the issue of Child Executions. The SOLUTIONS will be part of this future report.