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Persian Constitution of 1906

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General hall of the National Consultative Assembly

The Persian Constitution of 1906 (Persian: قانون اساسی مشروطه) was the first constitution of Iran. In this constitution, Shi'ism was declared the official religion of Iran. Also, according to Article 2 of the Constitutional Amendment, the laws of Iran must not be converse to the laws of Islam. The authority of individual votes in elections and the limitation of crown are considered among the fruits of this law. This law was compiled by the National Consultative Assembly in 1906, a few months after the Constitutional Revolution and the Constitutional Decree by Muzaffar al-Din Shah Qajar.

Muhammad Kazim Khurasani, Muhammad Husayn Na'ini, and Sayyid Abd Allah Bihbahani are considered among the notable figures among Shi'a scholars in creating the constitutional law. The constitutional law was set aside after the Islamic Revolution of Iran, and the Constitution of the Islamic Republic of Iran was written by the order of Imam Khomeini. Imam Khomeini believed that the constitutional law was branched out from Western laws and some of its principles were contrary to Islam and people's lives.

Importance and Some Features

The Constitutional Law was the first constitution of Iran.[1] The Constitutional Law is considered one of the most important achievements of the Constitutional Revolution of Iran and a turning point in the constitutionalism movement in Iran.[2] This law is the first action of the constitutionalists.[3] According to Sayyid Ali Mahmudi, a politician, one of the results of the Constitutional Law was limiting the powers of the king.[4] Also, the condition of elections, meaning the decisiveness of the majority vote and people's freedom in choosing any of the candidates, is reflected in Article 5 of the Constitutional Law.[5]

The text of the Constitutional Law in 51 articles was approved by the National Consultative Assembly in December 1906.[6] This law was signed by Muzaffar al-Din Shah Qajar one week before his death. According to some researchers, the text of the constitution was mostly about the formation of the parliament, duties, rights, and generally the quality and quantity of the parliament.[7] The haste in compiling the text of the constitution due to Muzaffar al-Din Shah's illness and the possibility of his death, as well as the absence of people's duties towards the government and vice versa in the text of the law, are considered reasons why nine months later, laws titled "Supplement to the Constitution" in 107 articles were approved by the parliament in 1907.[8]

Approval Stages

Text of the Constitutional Decree

The stages of the achievement of the Constitutional Law have been described as follows:

  1. Constitutional Revolution: A revolution in the second half of the 13th solar century (Late 19th and early 20th century) in Iran, which resulted from the request of intellectuals, clergyman, and merchants to change the method of governance from principality to council in Iran.[9] Abdul-Hadi Ha'iri, author of the book Tashayyu' wa Mashrutiyat (Shi'ism and Constitutionalism), believes that the Constitutional Revolution in Iran occurred due to two internal and outside factors. He considered the outside factor to be the influence of constitutional movements in other countries such as England, Italy, Russia, and France, and the internal factor to be the cruelty of the government and corruption of government employees.[10]
  2. Constitutional Decree and Electoral By laws: The victory of the constitutional movement led to the circulation of an order on August 5, 1906 by Muzaffar al-Din Shah regarding the formation of the National Consultative Assembly.[11] According to the Islamic Revolution Document Center, on August 17, 1906, by the order of the Prime Minister, a meeting was held in the Baharestan Garden building regarding the formation of a high council to compile the electoral bylaws of the National Consultative Assembly. On September 8, 1906, the electoral by laws were signed by Muzaffar al-Din Shah.[12]
  3. Approval by the Parliament: The Constitutional Law was approved by the National Consultative Assembly in December 1906-January 1907.[13] The supplement to this law was also approved by the parliament on October 7, 1907 on the anniversary of the formation of the National Consultative Assembly after the signature of Mohammad Ali Shah Qajar.[14]
  4. Signing the Law: According to researchers, the Constitutional Law was signed on December 30, 1906 by Muzaffar al-Din Shah Qajar and Mohammad Ali, his crown prince, and Nasrullah Mushir al-Dawla Na'ini, the Prime Minister. Also, the Supplement to the Constitution was signed by Mohammad Ali Shah Qajar on October 6, 1907.[15]

Role of Shi'ism in Compiling the Law

Historians have considered the role of Shi'a scholars in creating the Constitutional Law so significant that it is reported that during the Constitutional Revolution, the term "Ulama of the Nation" versus "Guardians of the State" was a widely used term.[16] Ahmad Kasrawi, the historian of the constitution, acknowledges that the foundation of constitutionalism was laid by Shi'a scholars.[17] Sayyid Ali Khamene'i has described the role of the Shi'a clergy in the constitution as undeniable and incomparable to others.[18] The book Tanbih al-umma written by Muhammad Husayn Gharawi Na'ini, a Shi'a jurist, was one of the main sources for the religious explanation of the constitutional system and law;[19] which was approved by Shi'a Marja's including Akhund Khurasani and Mulla Abd Allah Mazandarani.[20]

Influential Shi'a Thinkers in Constitutional Law

According to historical researchers, Shi'a scholars in the Constitutional Revolution were divided into two groups: Constitutionalists (Mashruta-khwahan) and Legitimate Constitutionalists (Mashru'a-khwahan). Constitutionalists at the level of Marja'iyya are considered the Three Constitutional Marja's, namely Akhund Khurasani, Abd Allah Mazandarani, and Husayn Khalili Tehrani. Researchers have also listed constitutionalist clergy in consequent ranks as Muhammad Husayn Na'ini, Abd Allah Bihbahani, and Sayyid Muhammad Tabataba'i. Legitimate Constitutionalists at the level of Marja'iyya are considered Sayyid Muhammad Kazim Tabataba'i Yazdi and in the second-rank clergy Sayyid Abd al-Nabi Nuri, Shaykh Fadl Allah Nuri, and Abu Talib Zanjani. According to researchers, Constitutionalists considered constitutionalism beneficial to Islam and opposition to it as warring (Muharaba) against Imam al-Mahdi (a), while Legitimate Constitutionalists considered constitutionalism as disbelief, apostasy,[21] and contrary to being a Muslim, believing that law is only what is mentioned in the Qur'an and Hadith.[22]

Shi'a Teachings in Constitutional Law

Some of the laws consistent with Islam and Shi'ism included in the Constitutional Law are as follows:

  • Article 1: The official religion of the country and the religion of the king is the Twelver Ja'fari Shi'a religion.[23]
  • Article 2 of the Supplement, known as the Article of Taraz: Based on this article, laws approved by the parliament must not be contrary to the laws of Islam. According to this article, a number of Mujtahids are chosen to administer the approval.[24] This article was approved with the opinion of Legitimate Constitutionalists and the final confirmation of Akhund Khurasani.[25]
  • Articles 18, 20, and 21: According to these articles, acquiring knowledge or industry that is contrary to the Shari'a of Islam, misleading books and press, and holding gatherings that lead to religious sedition are prohibited.[26]
  • Article 71: According to this article, judgment is the responsibility of Mujtahids fully qualified who are just.[27]

Fate of the Constitutional Law

The fate of the Constitutional Law after the Qajar period is reported as follows:

Pahlavi Period

During the reign of Reza Shah and Mohammad Reza Pahlavi, the Constitutional Law changed several times. Some of these changes are as follows:

  • Changes in the Text of the Law
  1. In 1925, Reza Shah by forming the Constituent Assembly and changing articles 36, 37, and 38 of the Constitution, transferred the autocracy, which belonged to the Qajar kings, to himself and his posterity genetically and also changed the legal age of the crown prince.[28]
  2. In 1949, by changing Article 48 of the Constitution and issuing a permit to the Shah to dissolve the parliament, the most important pillar of constitutionalism, i.e., the two houses of parliament andchamber, was declared dissolvable by the Shah.[29]
  3. In 1967,concurrently with the ceremony celebrations, articles 38, 41, and 42 of the Supplement to the Constitution were changed again, and based on that, the powers of the crown prince's mother as regent were approved.[30]
  • Providing a New Interpretation of the Law
  1. In 1931, by the order of Reza Pahlavi, articles 81 and 82 of the Supplement to the Constitution were interpreted in such a way that the independence of the Judge was overshadowed by the Shah's order. According to this new interpretation, the judge was always exposed to displacement and dismissal.[31]
  2. In 1938, Article 37 of the Supplement to the Constitution regarding the condition of the crown prince's mother being of Iranian origin was interpreted in such a way that the children of Reza Shah's Egyptian daughter-in-law could also be crown princes.[32]

Islamic Revolution Period

According to Kheirullah Parwin, a jurist member of the Guardian Council, the Constitutional Law was set aside after the victory of the Islamic Revolution of Iran.[33] By the order of Imam Khomeini, the Assembly of Experts for Constitution was formed and the Constitution of the Islamic Republic of Iran was compiled.[34] Imam Khomeini believed that the Constitutional Law, which was derived from Western laws, had criticisms, and some Shari'a rulings included in it were deceptive.[35] In an interview with the Financial Times, Imam Khomeini pointed out the opposition of some principles of the constitutional law to Islam and the incompatibility of the law with people's lives.[36]

Notes

  1. ↑ Jalālī, Sharīf Yazdī & Fakhkhār, "Sarmashq-gīrī dar nigārish-i qānūn-i asāsī-yi mashrūṭa...", p. 64.
  2. ↑ Jalālī, Sharīf Yazdī & Fakhkhār, "Sarmashq-gīrī dar nigārish-i qānūn-i asāsī-yi mashrūṭa...", p. 64; Jaʿfarī Nadūshan & Tavakkolī, "Barrasī-yi mabānī-yi ḥuqūqī wa tārīkhī-yi taṭawwurāt-i qānūn-i asāsī-yi mashrūṭa", p. 49.
  3. ↑ Ṭarafdārī & Riḍāʾī, "Taʾammulī dar mabānī-yi naẓarī wa ḍarūrat-hā-yi tārīkhī-yi naẓariyya-yi mashrūṭa-yi mashrūʿa-yi Shaykh Faḍlullāh Nūrī", p. 12.
  4. ↑ Maḥmūdī, "Arzyābī-yi maḥdūda-yi ikhtiyārāt-i pādishāh dar qānūn-i asāsī-yi mashrūṭa", Sāyt-i Sayyid ʿAlī Maḥmūdī.
  5. ↑ "Matn-i qānūn-i asāsī-yi mashrūṭa", Sāyt-i Taḥlīlī Khabarī-yi Asr Iran.
  6. ↑ Jaʿfarī Nadūshan & Tawakkulī, "Barrasī-yi mabānī-yi ḥuqūqī wa tārīkhī-yi taṭawwurāt-i qānūn-i asāsī-yi mashrūṭa", p. 49.
  7. ↑ Ṭāhirniyā, "Ḥuqūq-i mutaqābil-i millat wa pādishāh dar qānūn-i asāsī-yi mashrūṭa wa mutammim-i ān", p. 273.
  8. ↑ Ṭāhirniyā, "Ḥuqūq-i mutaqābil-i millat wa pādishāh dar qānūn-i asāsī-yi mashrūṭa wa mutammim-i ān", p. 273.
  9. ↑ See: Kasrawī, Tārīkh-i mashrūṭiyyat-i Īrān.
  10. ↑ Ḥāʾirī, Tashayyuʿ wa mashrūṭiyyat dar Īrān wa naqsh-i Īrāniyān-i muqīm-i ʿIrāq, p. 1.
  11. ↑ Jaʿfarī Nadūshan & Tawakkulī, "Barrasī-yi mabānī-yi ḥuqūqī wa tārīkhī-yi taṭawwurāt-i qānūn-i asāsī-yi mashrūṭa", p. 49; "Matn wa taṣvīr-i farmān-i mashrūṭiyyat", Pazhūhashkada-yi Tārīkh-i Īrān; "Farmān-i mashrūṭiyyat, āghāzī bar taḥawwul-i siyāsī-yi Īrān".
  12. ↑ "Nigāhī bi avvalīn qānūn-i intikhābāt dar Īrān; chi kasānī ḥaqq-i raʾy nadāshtand?", Markaz-i Asnād-i Inqilāb-i Islāmī.
  13. ↑ Jaʿfarī Nadūshan & Tawakkulī, "Barrasī-yi mabānī-yi ḥuqūqī wa tārīkhī-yi taṭawwurāt-i qānūn-i asāsī-yi mashrūṭa", p. 49.
  14. ↑ Ṭāhirniyā, "Ḥuqūq-i mutaqābil-i millat wa pādishāh dar qānūn-i asāsī-yi mashrūṭa wa mutammim-i ān", p. 275.
  15. ↑ Ṭāhirniyā, "Ḥuqūq-i mutaqābil-i millat wa pādishāh dar qānūn-i asāsī-yi mashrūṭa wa mutammim-i ān", p. 275.
  16. ↑ "Rūḥāniyyat, Ākhūnd Khurāsānī wa nahḍat-i mashrūṭa", p. 301.
  17. ↑ Kasrawī, Tārīkh-i mashrūṭiyyat-i Īrān, p. 343.
  18. ↑ Khāminiʾī, "Inqilāb-i Mashrūṭa", Websāyt-i Daftar-i Ḥifẓ wa Nashr-i Āthār-i Āyatullāh Khāminiʾī.
  19. ↑ Fīraḥī, Āstāna-yi tajaddud, p. 1.
  20. ↑ Nāʾīnī, Tanbīh al-umma, pp. 33–34.
  21. ↑ Ṭarafdārī & Riḍāʾī, "Taʾammulī dar mabānī-yi naẓarī wa ḍarūrat-hā-yi tārīkhī-yi naẓariyya-yi mashrūṭa-yi mashrūʿa-yi Shaykh Faḍlullāh Nūrī", p. 10.
  22. ↑ Īzadī-far, "ʿUlamā wa mashrūṭiyyat, az hamsūyī tā nā-hamgarāyī".
  23. ↑ "Mutammim-i qānūn-i asāsī-yi mashrūṭa", Markaz-i Pazhūhish-hā-yi Majlis-i Shūrā-yi Islāmī; Shams, "Ḥuqūq-i aqvām wa madhāhib dar qānūn-i asāsī-yi mashrūṭa...".
  24. ↑ "Mutammim-i qānūn-i asāsī-yi mashrūṭa", Markaz-i Pazhūhish-hā-yi Majlis-i Shūrā-yi Islāmī.
  25. ↑ Ṭarafdārī & Riḍāʾī, "Taʾammulī dar mabānī-yi naẓarī wa ḍarūrat-hā-yi tārīkhī-yi naẓariyya-yi mashrūṭa-yi mashrūʿa-yi Shaykh Faḍlullāh Nūrī", p. 13.
  26. ↑ "Mutammim-i qānūn-i asāsī-yi mashrūṭa", Markaz-i Pazhūhish-hā-yi Majlis-i Shūrā-yi Islāmī; Shams, "Ḥuqūq-i aqvām wa madhāhib dar qānūn-i asāsī-yi mashrūṭa...".
  27. ↑ "Mutammim-i qānūn-i asāsī-yi mashrūṭa", Markaz-i Pazhūhish-hā-yi Majlis-i Shūrā-yi Islāmī; Shams, "Ḥuqūq-i aqvām wa madhāhib dar qānūn-i asāsī-yi mashrūṭa...".
  28. ↑ Nadūshan & Shīrzād, "Sarnivisht-i qānūn-i asāsī-yi mashrūṭa dar dawra-yi Pahlavī-yi avval", p. 203.
  29. ↑ Sulṭānī Muqaddam, "Taghyīrāt-i qānūn-i asāsī dar dawra-yi Pahlavī".
  30. ↑ Sulṭānī Muqaddam, "Taghyīrāt-i qānūn-i asāsī dar dawra-yi Pahlavī".
  31. ↑ Nadushan & Shirzad, "Sarnivisht-i qānūn-i asasī-yi mashrūṭa dar dawra-yi Pahlavī-yi avval", p. 217.
  32. ↑ Nadūshan & Shīrzād, "Sarnivisht-i qānūn-i asāsī-yi mashrūṭa dar dawra-yi Pahlavī-yi avval", p. 221.
  33. ↑ Parwīn, "Qānūn-i asāsī az guzashta tākunūn...", Sāyt-i Pazhūhashkada-yi Shūrā-yi Negahbān.
  34. ↑ Parwīn, "Qānūn-i asāsī az guzashta tākunūn...", Sāyt-i Pazhūhashkada-yi Shūrā-yi Negahbān.
  35. ↑ Khumaynī, Wilāyat-i faqīh, p. 13.
  36. ↑ Khumaynī, Ṣaḥīfa-yi Imām, vol. 5, p. 400.

References

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