Thursday, January 04, 2007

Refutation of the Iranian Constitution

The following is a useful article written by a brother some years ago.

Islam is unique. It is a religion yet its scope extends beyond the spiritual relationship with Allah. It is an ideology which includes a spiritual dimension which sets it apart from man made ideologies. It combines the spiritual elements with the social, political, economic and legal holistic system. It connects this life with the hereafter. Islam is divine, yet its laws are applied by humans. Its ruling system is not a theocracy where by the ruler governs in the name of and on the behalf of God. Nor does Islam recognize a clerical class which reserves the right to speak for representing God.

The following is a study of the constitution of Iran to find out the truth regarding Iran, weather it is a true Islamic State or not. Important thing to remember is that for any country to claim itself to be Islamic, all of its laws has to have Daleel Shar¹i i.e. evidence from the Qur¹an, Sunnah, Qiyas and Ijma as-Sahabah through Ijtihad. 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. This article points out the articles which are contradict Islam.

It is important to point out that for a constitution to be an Islamic, not even a single article or part of it can contradict Islamic laws (Shari'yah).

Enemies of Islam have been working day and night to prevent the real Islamic State from emerging in the world. To achieve this goal, they have given us the so called suto Islamic States. The author of the constitution of the Islamic Republic of Iran wrote a constitution for an Iranian State not for an Islamic State. He introduced many Islamic articles in the constitution. But it is still a constitution for Iran and not for an Islamic State.

Having a constitution for Iran and thinking that it is a constitution for an Islamic State causes lots of damage to Muslims because it direct their attention away from their duty to establish the Islamic State.

Islam has a unique form of government by which Muslims should rule themselves with.
Here are some of the points in the Iranian constituion which are conflict with 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.Comments: 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.
In Islam a head of the state (Khalif or Imam) is selected by the Muslims. Then the Muslims give him a pledge or allegiance that they will listen and obey him as long as he is ruling by the Book (Qur'an) and the Sunnah of his prophet (saaw). As long as he is doing that he continues to rule for the duration of his life.

If he does not rule by the Book and the Sunnah of the Prophet, then he will be removed from the ruling position . Islam has the procedures on how to do that.

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.

This article conflicts directly with the Islamic form of government in that this article allows for dual leadership Wilayat Al-Amr and the head of the State. In Islam it is the same function performed by one person only, weather you call him Khalifah or Imam or Ameer Al-Moumineen etc. However he should not be called by title which implies or indicates a form of government other than Islam.

Authority and responsibility in this article are completely lost between several uncoordinated positions. Islam is a unique system in which the responsibility of the state falls on the shoulders of the Khalifah.

Article 6: In the Islamic Republic of Iran, the affairs of the country must be administered on the basis of public opinion expressed by the means of elections, including the election of the President, the representatives of the Islamic Consultative Assembly, and the members of councils, or by means of referenda in matters specified in other articles of this Constitution.It indicates that "running of the affairs of the country is based on the opinions of the masses through elections".

In Islam, the running of the affairs of the country is based on the Shari¹yah itself not on the opinions of the people.

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.This constitution has very general and vague statement about freedom and independence.

The Muslim is restricted by Islamic rules. He cannot revert from Islam. So he does not have the freedom of belief as understood in the western world etc. The concept of freedom in Islam is that freedom is the opposite of slavery. Independence: Does that imply within present borders? This is not acceptable in Islam. The country is the country of Islam. Consequently all Muslim lands should be annexed.

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. These schools enjoy official status in matters pertaining to religious education, affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law. In regions of the country where Muslims following any one of these schools of fiqh constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school of fiqh, without infringing upon the rights of the followers of other schools.This article indicate that "the official religion in Iran is Islam and the twelfth Jaafary sect." And, "this principle will remain eternally immutable" meaning this article can never be changed!

The "and" does it mean that the Jaafary sect is something other than Islam? Also not being changeable for ever; what if it proved to be wrong at a later date.

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.

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.Articles 15 and 16 specifiy "Persian language as official language" and then "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 flag described in this article are not allowed in Islam. There are legislative sources in Islam describing the flag of an Islamic State.

Article 23: The investigation of individuals' beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief. This article indicate "freedom of belief"Islam has certain restrictions on that for Muslims.

Article 25: Examination of (the contents of), and non-delivery of, letters; recording and divulging of telephone conversations; disclosure of telegraphic or telex communications; censorship, pruning or non-transmission of messages; tapping and bugging and any kind of investigation are all forbidden, unless when so ordered by the law."Prohibit spying on people except by law."There is no law in Islam which allows spying on people in the Islamic State.

Article 29: Every person is entitled to the enjoyment of Social Security. This covers retirement, unemployment, old age, being laid off (AZ KAR OFTADEGI), being without a guardian, casual misfortune, accidents, and occurrences giving rise to the need for health services and medical care and treatment, through insurance etc."Social Securities"

Social Securities is patch up job in the democratic system. In Islam the system itself provide for all these situations with a unique way unmatched by man made systems.

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 indicate 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. Do not forget that all these borders are established by our enemies. Why should we protect these borders for them.

Article 56: Absolute sovereignty over the world and man belongs to God, and it is He Who has made man master of his own social destiny. No one can deprive man of this divine right, nor subordinate it to the vested interests of a particular individual or group. The people are to exercise this divine right in the manner specified in the following articles.

God did not give man the right to rule over his destiny. God ordered man to obey God and His Prophet (saaw). Social destiny is a legislative matter. It is from God because the legislator in Islam is God.

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. Islam has the procedures on how to do that.
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.

This is exactly like democratic system. Islam has a unique system of execution (see structure of Islamic ruling)

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 shoura. (see proposed Islamic constitution articles 101 through 107)

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; to protect, as a just trustee, the honor bestowed upon me by the people, to observe piety in fulfilling my duties as people's representative; to remain always committed to the independence and honor of the country; to fulfill my duties towards the nation and the service of the people; to defend the Constitution; and to bear in mind, both in speech and writing and in the expression of my views, the independence of the country, the freedom of the people, and the security of their interests.Members belonging to the religious minorities will swear by their own sacred books while taking this oath. Members not attending the first session will perform the ceremony of taking the oath at the first session they attend.

There are many wrong concepts like dependence on human dignity instead of duty to obey Allah. Preservation of gains of Iranian Nation (not Muslim!) glory of the country.

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 79: The proclamation of martial law is forbidden. In case of war or emergency conditions akin to war, the government has the right to impose temporarily certain necessary restrictions, with the agreement of the Islamic Consultative Assembly. In no case can such restrictions last for more than thirty days; if the need for them persists beyond this limit, the government must obtain new authorization for them from the Assembly.
THIS NOT ACCEPTABLE. ISLAM HAS TO BE APPLIED AT ALL TIMES. This is similar to parliamentary systems in England and France. Islam has a unique form of government where this does not apply.

Article 87: The President must obtain, for the Council of Ministers, after being formed and before all other business, a vote of confidence from the Assembly. During his incumbency, he can also seek a vote of confidence for the Council of Ministers from the Assembly on important and controversial issues.This article deals with "vote of initiation on trust of the assembly in the cabinet." This is also taken from man made systems applied in most Western countries.

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, and
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.

Artticle 91: deals with protecting Islamic rulings by forming a committee from scholars in Islam and scholars in man made law. Islam is complete, you do not need the man made law scholars unless you want to apply the man made law.

Article 107-110 : Deal with "The leadership, President and Leadership council".
Experts elected by the people cannot and should not select 3 to 5 persons to run the country. It has to be one person who in turn can assign as many assistants as needed.

There is complete confusion about leaders and head of the state, and responsibilities.
In Islam there is one head of the state whose responsibility is to apply the Islamic Shari¹yah.
For detailed analysis see ruling structure in Islam.

Article 113 : After the office of Leadership, the President is the highest official in the country. His is the responsibility for implementing the Constitution and acting as the head of the executive, except in matters directly concerned with (the office of) the Leadership. Deals with the president of the republic .

This is a ruling structure completely different from the ruling structure of Islam.

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 exactly like 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 Shari¹yah.

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. Boarders between Moslems are not accepted by Islam.

Article 121 : The President must take the following oath and affix his signature to it at a session of the Islamic Consultative Assembly in the presence of the head of the judicial power and the members of the Guardian Council:
"In, the Name of God, the Compassionate, the Merciful, I, as President, swear, in the presence of the Noble Qur'an and the people of Iran, by God, the Exalted and Almighty, that I will guard the official religion of the country, the order of the Islamic Republic and the Constitution of the country; that I will devote all my capacities and abilities to the fulfillment of the responsibilities that I have assumed; that I will dedicate myself to the service of the people, the honor of the country, the propagation of religion and morality, and the support of truth and justice, refraining from every kind of arbitrary behavior; that I will protect the freedom and dignity of all citizens and the rights that the Constitution has accorded the people; that in guarding the frontiers and the political, economic, and cultural independence of the country I will not shirk any necessary measure; that, seeking help from God and following the Prophet of Islam and the infallible Imams (peace be upon them), I will guard, as a pious and selfless trustee, the authority vested in me by the people as a sacred trust, and transfer it to whomever the people may elect after me."

The oath is made in front of the Koran and in front of the Iranian Nation. This is an indication that the constitution is made for an Iranian Nation with Islam as its religion, not for an Islamic state.
There is also many unclear statements about nation, public, moral...etc.

Article 124 : The President may have deputies for the performance of his constitutional duties. With the approval of the President, the first deputy of the President shall be vested with the responsibilities of administering the affairs of the Council of Ministers and coordination of functions of other deputies.

This is the way done in the western systems. This article is influenced by the French System and very far from the Islamic form of government.

Article 125 - 130 : Authority of the president
Exactly according to the western systems. Ruling should be by Islamic system. The responsibility and authority is given to a Khalifah who in turn use assistants as needed.

Article 133 - 138: Deals with Prime Minister and Ministers.
All of this is based on man made laws applied in the western world.
Islamic ruling structure is completely different.

Article 139 : The settlement, of claims relating to public and state property or the referral thereof to arbitration is in every case dependent on the approval of the Council of Ministers, and the Assembly must be informed of these matters. In cases where one party to the dispute is a foreigner, as well as in important cases that are purely domestic, the approval of the Assembly must also be obtained. Law will specify the important cases intended here.
This is based on man made laws. In Islam this is by Mahkamat Al-Madalem.

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.
This is conflicting with article 37 which says that the basis is the innocency except if proved guilty.

Article 143 : The Army of the Islamic Republic of Iran is responsible for guarding the independence and territorial integrity of the country, as well as the order of the Islamic Republic.
Related to the responsibility of the Army "Protect the unity of the land of the nation" this is not defined. Is it referring to present boarders imposed on us by the British.

Article 145 : No foreigner will be accepted into the Army or security forces of the country.
What is the definition of foreigner here. Is a Muslim Syrian or Muslim Iraqi is a foreigner?

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. But also it is not allowed to support any Kufr system.
Beside Dar Al Islam, there is Dar Al Kufr, Dar Al Kufr can be one of two cases:
1) Case of treaty. That is allowed. But it has to have time term. It cannot be permanent.
2) Dar Al-Harb. That is a condition of war even if combat or fighting is not taking place.

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 Moslem land and patching the wrong conditions in Dar Al-Kufr.

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.
This is from the western legislation. In Islam the Islamic State can give 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 is no jury trials, however arbitration is allowed. Note that arbitration is not jury trial.

Article 172: Military courts will be established by law to investigate crimes committed in connection with military or security duties by members of the Army, the Gendarmerie, the police, and the Islamic Revolution Guards Corps. They will be tried in public courts, however, for common crimes or crimes committed while serving the department of justice in executive capacity. The office of military prosecutor and the military courts form part of the judiciary and are subject to the same principles that regulate the judiciary.
Related to "Military courts are formed for cases related to military people"

In Islam there is no such separation in courts. Courts might be specialized in certain cases but not according to the job of the person, there are no special courts for civilians and others for military.

2 comments:

Anonymous said...

Assalam-o-Alaykum,

Is there anything on Pakistan's constitution?

JAK

Ahmad said...

Similar POST must be written for saudia constitution....
And if such analysis is some where found regardin Pakistan tahreek insaf would be great.
Please in comment do provide islamic reference via some ayah or hadees.
JZK