The revolutionaries' original plan was to have a Constituent Assembly of hundreds of people write the new constitution, but with this broad support for the preliminary draft, there now seemed to be a consensus in favor of a much more streamlined completion.
At the same time Ayatollah was publicly declaring the draft to be `correct`, he "had already started to denounce the supporters of a `Democratic Islamic Republic,` whose ideas were enshrined in the draft", and who included the man he had appointed president, Bazargan, as `enemies of Islam.` Also dismaying Bazargan and his colleagues, was the decision by the clerical members of the Revolutionary Council, without consulting them, to have the constitution finalized by a much smaller body—an `Assembly of Experts` with 70 members, which alarmed them because with much larger constituencies and fewer candidates "it would be easier to rig the elections".
)[citation needed] Schirazi writes that Khomeini then announced that the job of "determining whether or not" the constitution was "in conformity with Islamic requirements" was "exclusively reserved for revered jurists",[17] to the surprise of those outside his network.
)[19] A different version of events comes from Shaul Bakhash, who writes that Khomeini and his supporters accepted the preliminary draft but were provoked by an "opposition determined to establish a secular state".
"It quickly became clear to Khomeini and his lieutenants that there existed considerable support and no mass opposition to the doctrine and that the constitution could serve to institutionalize both the supremacy of the faqih and clerical rule.
[26] One example is the section "Method of Governance in Islam" in the preamble, where it is stated in creating the political infrastructures and institutions which make the foundation of society on the basis of an ideological outlook, the righteous assume the responsibility of governing and administering the country with the Qur’anic verse (verily, my righteous servants shall inherit the earth Q.21:105) In case the term ‘righteous’ is ambiguous, a later section of the Preamble (Guardianship of the Jurist) states On the basis of continuous Guardianship and Leadership (Imamate) the Constitution provides for leadership under all conditions, (by a person) recognized by the people as lender, so that there shall be security against deviation by various organizations ("The course of affairs is in the hands of those who know God and who are trustworthy in matters having to do with what he permits and forbids")[8][26]Article 109, stipulates that the Leader must possess the "scholarship, as required for performing the functions of mufti in different fields of fiqh", i.e. only a high level cleric of Islamic law may be the Leader.
[26] Hassan Vakilian cites Article 4: civil, penal financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic criteria.
[7] The "central axis" of the theocracy shall be Quran and hadith, and as framed by the Assembly of Experts for Constitution, who hope that "this century will witness the establishment of a universal holy government and the downfall of all others.
Khomeini himself specifically affirmed the preeminence of the Islamic state over sharia in January 1989 when he publicly dressed down the future Supreme Leader Ali Khamanei, pronouncing the opposite.
There is no legal discrimination on the basis of personal status against Christians, Jews, Zoroastrians, all of whom perform military service, pay no special taxes and hold full citizenship; nevertheless they are prohibited from assuming leadership posts and vote in separate colleges.
It is a "universal right" of all to enjoy social insurance or other forms of security for "retirement, unemployment, old-age disability", lack of guardianship, being a wayfarer, accident and the need for health and treatment services and medical care.
Historian Ervand Abrahamian[31] describes on way the government has found to skirt the explicit ban on torture and coerced confessions in the Constitution,[32] by using Ta'zir or "Discretionary Punishment" of up to 74 lashes for lying to authorities.
The Supreme Audit Court shall, in accordance with law, collect the relevant accounts, records and documents and submit an annual budget settlement report in addition to its own comments to the Islamic Shura Majlis.
The Judiciary operates through courts of law, which must be established according to Islamic criteria and work to adjudicate and settle disputes, protect public rights, expand and uphold justice, and to implement Divine hudud [corporal punishments].
In emergency conditions, if safeguarding the security of the country necessitates it, a closed session is held at the request of the President, one of the cabinet ministers or ten members of the Majlis.
In the event of war or a similar emergency, the Government shall have the right, with the approval of the Islamic Shura Majlis, to temporarily impose the necessary restrictions, the duration of which shall not exceed thirty days.
If, after hearing the statements of the members who are for or against (the impeachment) and the reply of the President, two-thirds of the MMs declare a vote of no confidence, this will be communicated to the Leader for information and implementation of Section 10 of Article 110 of the Constitution.
The qualifications for the eligibility of voters and candidates, the functions and powers, the manner of election, the jurisdiction, and the hierarchy of authority of the shuras shall be determined by law in accordance with the principles of national unity, territorial integrity, the system of the Islamic Republic and loyalty to the central government.
Before the 1989 amendments to the constitution, Article 107 called for the leader to be someone who was "accepted as a marja' and Leader by a decisive majority of the people", and if such a person could not be found, to appoint a "leadership council" made up of marja'[37] In his book Islamic Government: Guardianship of the Jurist, Khomeini had argued that "only the most senior religious jurists -- not just any cleric -- had the scholastic expertise and the educational training to fully comprehend the intricacies of Islamic jurisprudence.
"[38] According to historian Ervand Abrahamian, the original constitution also declared that "the leadership clauses, especially those stipulating that ultimate authority resides in the senior religious jurists [marja'], were to endure until the Mahdi, the Lord of the Age, reappears on earth.
[41] During the first term, the law specifying the number and qualifications of the Experts and the manner of their election, as well as the Internal Statute regulating their meetings, shall be prepared and ratified by the majority of votes of the fuqaha of the first Shura-ye Negahban, and then approved by the Leader of the Revolution.
The Convention for the Expediency Discernment of the State shall meet, upon the order of the Leader, to determine the expediencies of the State in cases where the Shura-ye Negahban finds a bill passed by the Islamic Shura Majlis to be contrary to the criteria of the sharia’ or the Constitution and the Majlis fails to meet the expectations of the Shura-ye Negahban, and also to consult on any issue referred to it by the Leader, and to perform other duties mentioned in this Constitution.
The president shall take the following oath and add his signature to it at a session of the Islamic Shura Majlis held in the presence of the Judiciary Chief and the members of the Shura-ye Negahban: “In, the Name of Allāh, the Compassionate, the Merciful, as President, I swear by God the Almighty the Exalted, before the Holy Quran and the Iranian nation, that I will protect the country’s official religion, the establishment of the Islamic Republic, and the country’s Constitution, will devote all my abilities and capacities to fulfilling the responsibilities that I have assumed, will devote myself to serving the people, uplifting the country, promoting religion and morality and supporting the truth and justice, will refrain from any form of despotism, will protect the freedom and dignity of the citizens and the rights granted to them by the Constitution, will spare no effort to protect the country’s borders and its political, economic and cultural independence, and by seeking the help of God and following the Prophet of Islam and the Infallible Imams (sawas) and as a pious and selfless trustee, will safeguard the authority entrusted to me by the people as a sacred trust and transfer it to whomever the people may elect after me.”.
The President shall have the duty to sign the laws passed by the Majlis or as the results of referenda, after the legal procedures have been completed and they have been communicated to him and shall forward them to the [relevant] authorities for implementation.
During the period in which the powers and duties of the president are transferred to the First Vice-President or to another person appointed in accordance with Article 131, the Ministers may not be impeached, nor may a vote of no confidence be passed against them, nor may a measure be taken for the revision of the Constitution or for the holding of referenda.
In the case of disagreement or interference with the legal duties of government bodies, the decision of the Cabinet of Ministers, taken on the proposal of the President, shall be binding, unless there is a need for interpretation or amendment of laws.
The ratifications and regulations of the Government and the decisions of the committees referred to in this Article, in addition to being communicated for implementation, shall be brought to the attention of the Speaker of the Islamic Shura Majlis so that if he finds them contrary to the law, he shall send them to the Cabinet of Ministers for reconsideration, stating the reasons.
In times of peace, the Government shall utilize the personnel and technical equipment of the Army in relief operations, educational and production activities, and Jihad of Construction, in full compliance with the criteria of Islamic justice and to the extent that it does not undermine combat readiness.
Based on the noble verse: “Mobilize against them whatever you can of power and war-horses, awing thereby the enemy of Allāh and your enemy and others after them whom you do not know but Allāh knows well” [Holy Quran, 8:60], the Government is obligated to provide a program and necessary facilities for military training for all citizens, in accordance with Islamic criteria, so that all citizens will always be able to participate in the armed defense of the country and the State of the Islamic Republic, but the possession of arms requires the permission of the relevant authorities 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 hegemonic superpowers, and the maintenance of mutually peaceful relations with all non-belligerent States.
A judge may not be temporarily or permanently removed from the position he occupies without a trial and proof of guilt or of an offense that would result in his dismissal, nor may he be transferred or reassigned without his consent, except when it is in the interest of society, (and that shall be) by decision of the Judiciary Chief after consultation with the Head of the Supreme Court and the Prosecutor General.