Iranian Constitution of 1906

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The Iran Constitution of 1906[1] was Persia's and later Iran's first constitution that resulted from the Persian Constitutional Revolution after more than 5000 years of recorded history. It is divides into five chapters with many articles that developed over several years.

Major revisions went into effect after the ouster of Mohammed Mossadegh in 1953.[citation needed] Iran was historically known to the West as Persia until 21 March 1935.

Contents

[edit] I. THE FARMÁN (ROYAL PROCLAMATION) OF AUGUST 5, 1906

Mozzafar al-Din Shah creates this first constitution "for the peace and tranquility of all the people of Persia." Muhammad Ali Shah Qajar is credited with chapters 4 and 5.

[edit] 2. THE ELECTORAL LAW OF SEPTEMBER 9, 1906

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[edit] Disenfranchised

Article 3 of this chapter states that (1) women, (2) foreigners, (3) those under 25, (4) "persons notorious for mischievous opinions," (5) those with a criminal record, (6) active military personnel, and a few other group are not permitted to vote.

[edit] Election qualifications

Article 4 states that the elected must be (1) fully literate in Persian, (2) "they must be Persian subjects of Persian extraction," (3) "be locally known," (4) "not be in government employment," (5) be between 30 and 70 years old, and (6) "have some insight into affairs of State."

Article 7 asserts, "Each elector has one vote and can only vote in one [social] class."

[edit] 3. THE FUNDAMENTAL LAWS OF DECEMBER 30, 1906

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[edit] Bicameral legislature

Article 1 establishes the National Consultative Assembly[2] based "on justice." Article 43 states, "There shall be constituted another Assembly, entitled the Senate."

[edit] 4. THE SUPPLEMENTARY FUNDAMENTAL LAWS OF OCTOBER 7, 1907

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Article 1 establishes Islám as the official religion of Persia.

[edit] Rights

Article 7 disallows suspension of the constitution. Article 8 affords "equal rights before the Law."

Article 9 accords "All individuals (including foreigners per Article 6) are...safeguarded in respect to their lives, property, homes, and honor, from every kind of interference...." Articles 15-17 provide further security to land-owners.

With regard to the press, Article 20 promulgates, "All publications, except heretical books and matters hurtful to the perspicuous religion [of Islám] are free."

[edit] Tribunals of Justice

Article 71 entrenches "judicial tribunals...for the redress of public grievances, while judgment in all matters falling within the scope of the Ecclesiastical Law is vested in just mujtahids [mullahs] possessing the necessary qualifications." This means that there is both a secular and religious court system.

[edit] 5. THE NEW ELECTORAL LAW OF JULY 1, 1909

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[edit] Widespread misconceptions

There is a widespread misconception among Americans[3], Iranian democratic activists[4], and a host of other people around the world that the 1906 constitution was secular and democratic. However, neither these two words nor their concepts are found in the text of the constitution. For example, "THE ELECTORAL LAW OF SEPTEMBER 9, 1906," Article 5, debarred from being elected those punished "conformably with the Islamic Law." Many articles grant the mullahs ("Doctors of Divinity") great respect and require public officials to seek their advice. However, Reza Pahlavi — with an iron fist — modernized Iran (like his contemporary Ataturk) and marginalized the land-owning Shia clergy. For example, he put an end to stoning and "unveiled women." Reza Pahlavi secularized Iran by blatantly ignoring the religious constitution entirely. Nonetheless, his critics call him a "dictator" and very few credit him due to their misunderstanding of the actual constitution.

Nothwithstanding this, one could argue that the 1979 constitution was more religious than the 1906 version.

[edit] See also

Wikisource has original text related to this article:
Preceding: No constitution; monarchical decrees
Subsequent: Constitution of Islamic Republic of Iran


[edit] References and notes

  1. ^ Recognizing the centennial anniversary109th CONGRESS, 2d Session, H. RES. 942, 25 July 2006
  2. ^ This became known as the Islamic Consultative Assembly after the Islamic Revolution.
  3. ^ See the text of 109th CONGRESS, 2d Session, H. RES. 942
  4. ^ Like member of the National Front (Iran).

[edit] External links

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