Iran’s Constitution: > Concept of Rahbar in Iran Introduction: Rahbar is the supreme leader in tran, He is the head of the state and highest ranking political and religious authority in tran, + Islamic reasoning: Since Iran is « Shia theocratic democracy the reasoning is derived from the Ayah (24:62) which states that Muhammad $.A.W and his successors will govern the worldly affairs. Similarly, a hades is quoted with these which states that the wlama are the inheritors of the prophet. Core Theory: It isa post-occultation theory in Shia Islam which holds that Islam qives a faqih (islamic jurist) custodianship over people. According to John Esposito in the oxford dictionary of Islam Morteza Ansari (1781-1864) was the 1* Islamic scholar to advance the theory of the guardianship of the Islamic jurist. The idea of the absolute guardianship of the Islamic jurist gained influence with the success of Ayatollah Khomeini’s leadership of the Iranian revolution. Earlier Khomeini had expanded on it in his book Islamic government: movernance of the jurist. He presented the concept as necessary to protect and preserve Islam during the Occultation of the Imam. According to Khomeini society should be governed by those who are the most knowledgeable about Islamic Law/Sharia. Philosophical context Guardianship of the Islamic Jurist: The post of supreme leader was established by the constitution in accordance with the concept of guardianship of the jurist. AIL 3 branches of government under the absolute guardianship of the Rahbar, The book of Grand Ayatollah Ruhollah Khomeini, Islamic government of the jurist also put forth in his book: 4. Economic division of the society 2. Innovation in Islam and approvals by sham Parliaments 3. Influence of foreign powers in Islamic lands 4. Islamic order Vali Nasr identified the influences on creation of this post. a 2 3. Plato’s republic: A specially educated guardian class lead by philosopher king. Forabi’s the principles of the peoples of the virtuous city (Muslim version of Plato’s republic) ‘Ali Shariati’s Vilayat-e-Faqih abolition of monarchy and economic divisions of the oppressor and oppressed. Incorporation in the constitution: 1. 1979: According to article 4 all civic, penal, financial, economic, administrative, cultural, military, political and other laws and regulations must be based on Islamic criteria and under watch of Foqaha. According to article 5 during the absence of the 12" Imam the leadership ‘and government belong to a rightful, pious, legal scholar (Fagih) who is recognized and acknowledged by majority of population. According to article 107 the praised supreme leader as the most learned and talented leader for emulation. 1989: Article 109 stipulated that the leader be Marje’i Talid. Article was revised on the direction of SL. Assembly of experts was authorized to choose the next supreme leader rather than direct elections. Shortly before his death there was a fall out between hi») ond his successor Hussein-Ali Montazeri. Hence, he revised article 109 and made a relatively lower ranking member of the clergy Ali Khamenei the next supreme leader of tran. 2 = Functions and responsibilities: According to article 110:W. Mm. Ww. vi. vil vin. IK. xl. Determining the overall politics of the Islamic republic system of Iran after consultation with the expediency council Supervising the proper implementation of the general policies of the system Issuing referendums Commanding the armed forces Declaring war, peace and mobilizing forces Issues appointments, dismissals and accepting the resignation of: Y The jurisprudents of the guardian council The highest position of the judiciary power The president of the mass media The chief of the general staff The commander-in-chief of the IRGC The supreme Commander-in-chief of the security and armed forces Y The head of the Quds force Coordinating the relationship among the 3 branches of the government and resolving any conflict among them Resolving issues in the system that cannot be settled by ordinary means through his own appointed expediency council Signing the appointment of the President of the Republic after his election by public Dismissing the president of the republic ofter either the supreme courts decision or the parliaments no confidence vote Pardoning or reducing the sentences of convicts, within the framework of Islamic criteria, <4 6 > Iran Political system: «Introduction: A theocracy coupled with democratic features. It is a presidential form of government. Shia Islam is the official religion of iran. Constitution of Iran declares it an Islamic republic of Iran. All institutions are under the watch of clergy. Supreme leader is the highest authority in all matters. [tis based on the principle of Vilayet-e-Fagih. * institutions and powers: There are 2 types of institutions ie., elected and unelected institutions. E> ELECTORATE Rennes ‘suprene Leaben ca] = ARMED FORCES ro ‘canINET ' MEAD OF JUDICIARY. GUARDIAN CoUNCIL. ASSEMULY OF EXPERTS KEY: Directly elected —pAppointed or approved «Vets candidates 1 President: Directly elected for 4 years with max 2 terms. He forms his cabinet subject to the approval of the parliament. 2” highest ranking official according to the constit on. He is the head of the government. The deputy commander-in-chief of the Islamic republic of Iran army. Signs international treaties and administers planning, budget and emplo. ent on the wishes of supreme leader. Member of the expediency council, supreme national security council and supreme council of the cultural revolution. Answerable to the supreme leader. Presidential candidates are vetted by guardian council which has banned hundreds of ‘hopefuls. Mohammad Khatami, a reformist president in 1997 tried to bring reforms though general council but failed. Currently, Hassan Rouhani is the 7 president, elected twice.1. Cabinet: Executive machine of the president, President appoints its members 0” the approval of the Mojles (Iranian parliament). Parliament rejected 4 nominees by Mehmor! ‘Ahmadinejad in 200. The supreme leader can dismiss or reinstate any of the ministers at any time regardless ofthe president or parliaments decision. The supreme leater directly chooses the ministers of defense, intelligence and foreign affairs and science ministry Im Parliament (consultative assembly) lower house: 290 members elected after 4 years: Candidates are vetted by guardian council. Approves appointment of cabinet minister. ‘Summons and impeaches ministers or president. Guardian council can VETO its Ieqislation Which makes the legislature bicameral. Can not legislate against the islam or constitution of, Iran. _-. . —--— = leader and 6 jurists appointed by the head of judiciary who himself is appointed hy the supreme leader. 6 years term and half of the members changing every Byears. A{ter the |... lL bicameral legislature. Vets candidates for President, assembly of experts ond parliament and supervises elections. It blocked all but 6 of more than 10,000 hopefuls in 2005 elections. V. Supreme leader: Called Rahbar-e-Mo'azzam. According to article 4 10: Y Determining the overall politics of the Islamic republic system of Iran after consultation with the expediency council Y Supervising the proper implementation of the general policies of the system ¥ Issuing referendums Y Commanding the armed forces Y Declaring war, peace and mobilizing forces Issues appointments, dismissals and accepting the resignation oft 1) The jurisprudents of the guardian council 2) The highest position of the judiciary power 3) The president of the mass media 4) The chief of the general staff 5) The commander-in-chief of the IRGC 6) The supreme Commander-in-chief of the security and armed forces 7) The head of the Quds force Coordinating the relationship among the 3 branches of the government and resolving any conflict ‘among them Resolving issues in the system that cannot be settled by ordinary means through his own appointed expediency council Signing the appointment ofthe President of the Republic after his election by public Dismissing the president of the republic after either the supreme court's decision or the parliaments g the sentences of convicts, within the framework of Islamic crit: ofthe judiciary is appointed by the supreme leader, Head of the judiciory jurists to the guardian council. He is the custodian of the Iranian cons itution and Jaws, Tenure of the head of judiciary is 8 years. Guardianship of the jurist. of the general staffv ¥_ The supreme c-in-c of the securit ty and VY. The head of the Quds force and armed forces ¥ Heads of the intelligence forces embly of experts: 88 Mujtahids dir rs term. Th e,to : is direct ' ss ly elected for 8 years term. They have 1 work ie, t select or remove Supreme lead er. The assembly of experts in its current form wos established in 1982 under article itutic le 108 of the constitution. It comprises of leadership council and 6 committees which ic ‘meet twice a year. They keep an eye on the performance of supreme leader and dis if i misses him if deemed incapable according to article 107 ond 111. Guardian council vets’ 01 ts’ candidates and it blocked Hassan Khomeini, grandson of Ayatollah Ruhollah Khomeini. 5 of the 12 guardians council members are also members of experts. members still to be approved by the supreme leader for gaining membership 7 the assembly. Flected Expediency council: 39 members, All members appointed by supreme leader for a period of 5 ‘Advisory body for supreme leader. Was created upon the revision to the constitution years. of the Islamic republic of Iran on 6 Feb 1988. Ultimate authority over the disputes between Majlees and guardian council In 2005 supreme leader gave it supervisory role over all branches of government delegating some of his powers ‘Article 112 describes it as @ body t0 discern the interests of the Islamic republic by resolving internal regime consi. 's: President, porliament speaker, chief justice secretary, SNSC, chief of staff and 5 jurists of GC are ex officio members. Critical analysis: Athough the revolution berated iron from military dictatorship but it has turned into an overly theocratic constitutional dictatorship under the name of @ republic. Supreme leader has acquired so much authority that he single handedly controls all nsttutions of stove ond government. Such decades Tong rule hos created a leadership crisis and this vacuuns 0" spark a new revolution. Power in hands of one has weakened institutions so much so that »resident, parliament and assembly of experts are nothing mare than rubber stamps. Democra\< institutions are controlled by undemocratic ‘and selected guardian council making Iran a Sham de "ocracy. women are delberotel. fitered out by the guardian council to run forthe public offic. tis controlled by 1 man, 0 redundant foreign policy of hostility with US has resulted into long term sonetions and econamie stagnation.