Iranian Constitution of 1906

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The Iran Constitution of 1906^[1] was Iran's first constitution that resulted from the Iranian Constitutional Revolution. It 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]}

Contents 1 The electoral and fundamental laws of 1906 1.1 The electoral law of September 9, 1906 1.1.1 Disfranchised 1.1.2 Election qualifications 1.2 The fundamental laws of December 30, 1906 2 The supplementary fundamental laws of October 7, 1907 2.1 Role of clerics 2.2 Rights 2.3 Tribunals of Justice 3 Misconceptions 4 See also 5 References and notes 6 External links

[edit] The electoral and fundamental laws of 1906

The electoral and fundamental laws of 1906 established the electoral system and the internal frameworks of the Majlis (Parliament) and the Senate.

By the royal proclamation of August 5, 1906, Mozzafar al-Din Shah created this first constitution "for the peace and tranquility of all the people of Iran." Muhammad Ali Shah Qajar is credited with chapters 4 and 5.

[edit] The electoral law of September 9, 1906

The electoral law of September 9, 1906 defined the regulations for the Elections to the Majlis.

[edit] Disfranchised

Article 3 of this chapter stated 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 stated that the elected must be (1) fully literate in Persian, (2) "they must be Iranian subjects of Iranian 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 asserted, "Each elector has one vote and can only vote in one [social] class."

[edit] The fundamental laws of December 30, 1906

The fundamental laws of December 30, 1906 defined the role of the Majlis in the system and its framework. It further defined a bicameral legislature. Article 1 established the National Consultative Assembly^[2] based "on justice." Article 43 stated, "There shall be constituted another Assembly, entitled the Senate."

[edit] The supplementary fundamental laws of October 7, 1907

The supplementary fundamental laws of October 7, 1907 established the charter of rights and overall system of governance.

[edit] Role of clerics

Article 1 and 2 of the laws, established Islam as the official religion of Iran, and specified that all laws of the nation must be approved by a committee of Shi'a clerics. Later, these two articles were mainly ignored by the Pahlavis, which sometimes resulted in anger and uprising of clerics and religious masses: (See: Pahlavis and non-Islamic policies)

“

ART. I. The official religion of Iran is Islam, according to the Já'farí - Ithna 'Ashariyya doctrine, which faith the Shah of Iran must profess and promote. ART. II. At no time must any legal enactment of the Sacred National Consultative Assembly, established by the favor and assistance of His Holiness the Imam of the Age (may God hasten his glad Advent!) the favor of His Majesty the Shahanshah of Islam (may God immortalize his reign!), the care of the Proofs of Islam (may God multiply the like of them!), and the whole people of the Iranian nation, be at variance with the sacred principles of Islam or the laws established by His Holiness the Best of Mankind [i.e. Mohammed] (on whom and on whose household be the Blessings of God and His Peace!). It is hereby declared that it is for the learned doctors of theology (may God prolong the blessing of their existence!) to determine whether such laws as may be proposed are or are not conformable to the principles of Islam; and it is therefore officially enacted that there shall at all times exist a Committee composed of not less than five mujtahids or other devout theologians, cognizant also of the requirements of the age, in this manner. The ulema and Proofs of Islam shall present to the National Consultative Assembly the names of twenty of the ulema possessing the attributes mentioned above; and the Members of the National Consultative Assembly shall, either by unanimous acclamation, or by vote, designate five or more of these, according to the exigencies of the time, and recognize these as Members, so that they may carefully discuss and consider all matters proposed in the Assembly, and reject and repudiate, wholly or in part, any such proposal which is at variance with the Sacred Laws of Islam, so that it shall not obtain the title of legality. In such matters the decision of this Ecclesiastical Committee shall be followed and obeyed, and this article shall continue unchanged until the appearance of His Holiness the Proof of the Age (may God hasten his glad Advent!).

”

[edit] Rights

Article 7 disallowed suspension of the constitution. Article 8 afforded "equal rights before the Law."

Article 9 accorded "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 provided further security to land-owners.

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

[edit] Tribunals of Justice

Article 71 entrenched "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 possessing the necessary qualifications."

[edit] 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 "conformable 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 — westernized Iran (like his contemporary Atatürk) and marginalized the Shia clergy. For example, he put an end to stoning and forcibly unveiled women. Reza Pahlavi secularized Iran by blatantly ignoring the religious constitution entirely. His critics call him a "dictator" and very few credit him due to their misunderstanding of the actual constitution.^{[attribution needed]}

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

[edit] See also

• Iranian constitutional referendum, 1963

	Preceding:	No constitution; monarchical decrees
	Subsequent:	Constitution of Islamic Republic of Iran

[edit] References and notes

[edit] External links

• A version for 1906-1955 without later revisions. This externally linked document may differ from the 1979 Pahlavi constitution.
• Constitutional Revolution from Iran Chamber Society