in category Central Asia

Is the Iranian constitution based on Islam?

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In a Nutshell: For any country to claim to be Islamic, its driving ideology must be solely Islam, namely its laws must have evidence from the Qur'an, Sunnah, Qiyas and Ijma as-Sahabah. What renders any ruling, judgment or idea Islamic is not its use of Islamic terminology or it coming from an Islamic scholar, but its reliance on and derivation from an authentic daleel through a correct process of Ijtihad.
The constitution of the Islamic Republic of Iran has many articles which comply with Islam but there others which directly conflict with it - rooted in secular ideologies like nationalism or copied Western forms of government.

The following answer reviews the constitution of Iran to determine whether it is Islamic or not. It draws attention to those articles which contradict Islam.

Article 1: The form of government of Iran is that of an Islamic Republic, endorsed by the people of Iran on the basis of their long-standing belief in the sovereignty of truth and Qur'anic justice, in the referendum of Farwardin 9 and 10 in the year 1358 of the solar Islamic calendar, corresponding to Jamadi al-'Awwal 1 and 2 in the year 1399 of the lunar Islamic calendar (March 29 and 30, 1979], through the affirmative vote of a majority of 98.2% of eligible voters, held after the victorious Islamic Revolution led by the eminent marji' al-taqlid, Ayatullah al-Uzma Imam Khomeyni.

A republic is a non-Islamic form of government in which people hire a ruler to rule them by laws made by people or by their representatives. The executive branch in this system is normally run by an elected official for a given term.
The Khalif or Imam in Islam is selected by Muslims who give him a pledge or allegiance that they will listen and obey him as long as he is ruling by the Qur'an and Sunnah. As long as he does that he continues to rule for the duration of his life. If he does not he will be removed from the ruling position.

Article 15: The official language and script of Iran, the lingua franca of its people, is Persian. Official documents, correspondence, and texts, as well as text-books, must be in this language and script. However, the use of regional and tribal languages in the press and mass media, as well as for teaching of their literature in schools, is allowed in addition to Persian.

Articles 15 and 16 specify, "The Persian language as the official language" and then "to teach Arabic as a second language starting after the elementary stage". According to Islam the Arabic language should be the official language.

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].

The type of flags described in this article are not allowed in Islam. There are legislative sources in Islam describing the flag of an Islamic State.

Article 41: Citizenship of Iran is the unquestioned right of all Iranians. The Government may not deprive any Iranian of his citizenship, except at their own request, or if they take up citizenship of another country.

This indicates that the "Iranian citizenship is an absolute right to every Iranian....etc." In Islam there is no Iranian, Iraqi, Arab... etc. citizenship. There is a citizenship of the Islamic State.

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.

This type of authority distribution is the basis of the democratic system. It became so engraved in our minds that we take it for granted.Legislation in Islam is from gods Laws are taken from the Book and the Sunnah of the prophet and applied by the head of the state. If he does not, he will be removed from the ruling position.

Article 65: After the holding of elections, sessions of the Islamic Consultative Assembly are considered legally valid when two-thirds of the total number of members are present. Drafts and bills will be approved in accordance with the code of procedure approved by it, except in cases where the Constitution has specified a certain quorum. The consent of two-thirds of all members present is necessary for the approve of the code of procedure of the Assembly.

This is taken from the democratic system, similar legislation is used in England, France and U.S. Islam has completely different structure of shura.

Article 77: International treaties, protocols, contracts, and agreements must be approved by the Islamic Consultative Assembly.

This is not a function of the shura council in Islam. This is influenced by the two house system used in US or parliamentary system used in France and other countries.

Article 78: All changes in the boundaries of the country are forbidden, with the exception of minor amendments in keeping with the interests of the country, on condition that they are not unilateral, do not encroach on the independence and territorial integrity of the country, and receive the approval of four-fifths of the total members of the Islamic Consultative Assembly.In Islam, this is absolutely Haram. The concept of having permanent borders is foregin to Islam.

This is something imposed on the Muslims by their enemies.

Article 114 :The President is elected for a four-year term by the direct vote of the people. His re-election for a successive term is permissible only once.

This is like the US constitution. In Islam there is a Khalif who stays in his position as long as he is able to perform it and as long as he is applying the Islamic Shari'ah.

Article 115 :The President must be elected from among religious and political personalities possessing the following qualifications: Iranian origin; Iranian nationality; administrative capacity and resourcefulness; a good past-record; trustworthiness and piety; convinced belief in the fundamental principles of the Islamic Republic of Iran and the official religion of the country.

This relates to the "qualifications of the president". He has to be of Iranian origin and be Iranian national...etc. and to be believing the principles of the Islamic Republic and the official sect of the state. Being of an Iranian Origin and Iranian national is an indication that the constitution is for Iranian Republic with Islam as its religion, not a constitution for an Islamic State which will annex all Muslim land to rule by Islam.

Article 125 - 130 : Authority of the president

This is based on western systems. In Islamic system the responsibility and authority is given to a Khalifah who in turn uses assistants as needed.

Article 145 : No foreigner will be accepted into the Army or security forces of the country.

Islam permits a Muslim to join such institutions regardless whether they are a foreigner or not.

Article 152 :The foreign policy of the Islamic Republic of Iran is based upon the rejection of all forms of domination, both the exertion of it and submission to it, the preservation of the independence of the country in all respects and its territorial integrity, the defence of the rights of all Muslims, non-alignment with respect to the hegemonist superpowers, and the maintenance of mutually peaceful relations with all non-belligerent States.

"Positive neutrality" Is a concept introduced by the United States in Bandong conference in 1956. The Islamic state can never be in a position of neutrality on continuous basis.

Article 154: The Islamic Republic of Iran has as its ideal human felicity throughout human society, and considers the attainment of independence, freedom, and rule of justice and truth to be the right of all people of the world. Accordingly, while scrupulously refraining from all forms of interference in the internal affairs of other nations, it supports the just struggles of the mustad'afun against the mustakbirun in every corner of the globe.
Related to not interfering with internal affairs with other nations but protect the struggle of the weak against tyrants in any place in the world.

This is giving up the most important duty of annexing all Muslim lands.

Article 155: The government of the Islamic Republic of Iran may grant political asylum to those who seek it unless they are regarded as traitors and saboteurs according to the laws of Iran.

Islam permits giving those who do not have its citizenship a permit to stay less than one year, after that he has to pay Jiziah and become a citizen, otherwise he has to leave.

Article 168: Political and press offenses will be tried openly and in the presence of a jury, in courts of justice. The manner of the selection of the jury, its powers, and the definition of political offenses, will be determined by law in accordance with the Islamic criteria.

In Islam there are no jury trials, a qadhi hears a case and makes a ruling.

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