Unity and Islamic Ummah in the Constitution of the Islamic Republic of Iran

The words “Unity and Islamic Ummah” have been repeated several times in the Constitution of the Islamic Republic of Iran as follows:

Article 5

During the Occultation of the Vali al-Asr (may God hasten his reappearance), the Velayah 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.

Article 9

In the Islamic Republic of Iran, the freedom, independence, unity, and territorial integrity of the country are inseparable from one another, and their preservation is the duty of the government and all individual citizens. No individual, group, or >authority, has the right to infringe in the slightest way upon the political, cultural, economic, and military independence or the territorial integrity of Iran under the pretext of exercising freedom. Similarly, no authority has the right to abrogate legitimate freedoms, not even by enacting laws and regulations for that purpose, under the pretext of preserving the independence and territorial integrity of the country.

Article 11

In accordance with the sacred verse of the Qur’an (“This your community is a single community, and I am your Lord, so worship Me” [21:92]), all Muslims form a single nation, and the government of the Islamic Republic of Iran has the duty of formulating its general policies with a view to cultivating the friendship and unity of all Muslim peoples, and it must constantly strive to bring about the political, economic, and cultural unity of the Islamic world.

Article 26

The formation of parties, societies, political or professional associations, as well as religious societies, whether Islamic or pertaining to one of the recognized religious minorities, is permitted provided they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic republic. No one may be prevented from participating in the aforementioned groups, or be compelled to participate in them.

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 Velayat al-‘amr and the leadership of the Ummah, in accordance with the forthcoming articles of this Constitution. These powers are independent of each other.

Article 100

In order to expedite social, economic, development, public health, cultural, and educational programs and facilitate other affairs relating to public welfare with the cooperation of the people according to local needs, the administration of each village, division, city, municipality, and province will be supervised by a council to be named the Village, Division, City, Municipality, or Provincial Council. Members of each of these councils will be elected by the people of the locality in question. Qualifications for the eligibility of electors and candidates for these councils, as well as their functions and powers, the mode of election, the jurisdiction of these councils, the hierarchy of their authority, will be determined by law, in such a way as to preserve national unity, territorial integrity, the system of the Islamic Republic, and the sovereignty of the central government.

Article 109

Following are the essential qualifications and conditions for the Leader:

1- scholarship, as required for performing the functions of mufti in different fields of fiqh.

2- Justice and piety, as required for the leadership of the Islamic Ummah.

3- right political and social perspicacity, prudence, courage, administrative facilities and adequate capability for leadership. In case of multiplicity of persons fulfilling the above qualifications and conditions, the person possessing the better jurisprudential and political perspicacity will be given preference.

Article 177

The revision of the Constitution of the Islamic Republic of Iran, whenever needed by the circumstances, will be done in the following manner:

The Leader issues an edict to the President after consultation with the Nation’s Exigency Council stipulating the amendments or additions to be made by the Council for Revision of the Constitution which consists of :

1- Members of the Guardian Council.

2- Heads of the three branches of the government.

3- Permanent members of the Nation’s Exigency Council.

4- Five members from among the Assembly of Experts.

5- Ten representatives selected by the Leader.

6- Three representatives from the Council of Ministers.

7- Three representatives from the judiciary branch.

8- Ten representatives from among the members of the Islamic Consultative Assembly.

9- Three representatives from among the university professors.

The method of working, manner of selection and the terms and conditions of the Council shall be determined by law.

The decisions of the Council, after the confirmation and signatures of the Leader, shall be valid if approved by an absolute majority vote in a national referendum.

The provisions of Article 59 of the Constitution shall not apply to the referendum for the, “Revision of the Constitution.”

The contents of the Articles of the Constitution related to the Islamic character of the political system; the basis of all the rules and regulations according to Islamic criteria; the religious footing; the objectives of the Islamic Republic of Iran; the democratic character of the government; the Velayat al-‘mr the Imamate of Ummah; and the administration of the affairs of the country based on national referenda, official religion of Iran [Islam] and the school [Twelver Ja’fari] are unalterable.

Articles 5, 109, 115: The qualifications required for leadership

(1) … And which is worthier to be followed — He Who guides to the truth, or he who guides not unless he is guided. What then ails you, how you judge? (10:35)

(2) … God has chosen him over you, and increased him broadly in knowledge and body … (2:247)

(3) Indeed God has made it obligatory upon just leaders that they should maintain themselves at the level of the impoverished class. (Nahj al-balaghah, Khutab, No.209)

(4) Al-Imam al-Husayn (A): “The administration of the affairs (of the Muslim community) lies in the hands of those who are knowledgeable about God and trustees of His halal and haram”. (Tuhaf al-uqul)

(5) It is not proper that he who is in charge of the honor, life, law, and leadership of the Muslim community should be avaricious; otherwise he will eye their property . them on a account of his ignorance. He should not be rude and coarse, or would estrange them on account of his rudeness. He should not misappropriate their wealth, favoring one group and denying others, He should not take bribes as a judge, or he will violate the rights of the people and give judgments which violate the Divine commands. (Lastly), he should not be such as one who suspends the Sunnah (of the Prophet) thus leading the Ummah to destruction. (Nahj al-balaghah, Khutab, No. 131)

(6) The Prophet said: “There never has been a nation which made someone its leader while there was a more learned person in its midst, but that it underwent steady decline, unless that it corrected its mistake”. (Kitab Sulaym ibn Qays)

(7) The best of God’s servants in His sight is a just leader who is himself rightly guided and guides others rightly. He establishes the familiar and well-known Sunnah (of the Prophet) and expunges unfamiliar innovations. (Nahj al-balaghah, Khutab, No. 164)

(8) But what made me concerned was that the affairs of this community should fall into the hands of incompetent men and debauchees, who would grab the public property (mal Allah) as their own, take the servants of God for their slaves, declare a war against the righteous of the community, making the vicious their allies. (Nahj al balaghah, Kutub, No. 62)

(9) No one can establish the rule of God except he who does not compromise (regarding his duties), does not seek to conform with others (at the cost of Islamic principles), and is not after ambitions and desires. (Nahj al-balaghah, Hikam, No. 110)

(10) The Prophet said: When your rulers are righteous, when your rich are generous, and when your affairs are decided through consultation, then life would be better for you than death; but if the wicked among you are your rulers, when the wealthy among you are misers, and when your affairs are in the hands of your women, then you would be better of dead than alive”. (Tuhaf al-uqul)