Political system of Iran

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Coat of arms of the Islamic Republic of Iran

The Islamic Republic of Iran has existed since April 1, 1979. The political system of Iran contains democratic and theocratic elements. The basis of the state is the Iranian constitution. The head of state is the leader (Rahbar) . The president is at the head of the government. Because after the government system of the welayat-e Faqih political power or the government not by the people but with the expectation to staying in the concealment of Imam Mahdi, the twelfth Imam , by Allah originates, Iran is often called theocracy called.

Ideological foundations

The political system of Iran is based on an elaboration by Ayatollah Ruhollah Khomeini . While in Iraqi exile in Najaf, Khomeini developed the concept of the Welāyat-e Faqih , 'governorship of the legal scholar' . Today's constitution largely corresponds to this concept. The concept of Welayat-e Faqih goes back to Mullah Ahmad Naraghi († 1829) from Qom . In his book Avaed-al Ayam , written in Arabic, Naraghi explains that during the absence of the 12th Imam Mahdi, the Faqih will have two domains: the first extends to everything concerning the Prophet and the Imams; the second area covers the development of religion and the social world of people. Naraghi gave ten examples in which the Welāyat-e Faqih comes into play in the worldly realm, such as: B. the fiduciary management of the property of orphans and the mentally disabled, the judiciary, etc.

With his elaboration Welāyat-e Faqih, Khomeini created a concept that entrusts the highest Shiite cleric to prepare the return and thus the rule of Mahdi by exercising political rule.

Principle 5 of the Iranian Constitution states:

"In the Islamic Republic of Iran, during the absence of the raptured 12th Imam - may God that he comes as soon as possible - the leadership mandate [ Imamat ] and the leadership authority [ welayat-e-amr ] in the affairs of the Islamic community is available to the just, God-fearing, brave legal scholars who are informed about the requirements of the time, capable of leadership to [...] "

- Constitution of the Islamic Republic of Iran, 1979

The concept of Welāyat-e Faqih breaks with the apolitical and quietistic tradition of the Shia that previously prevailed in the Shiite clergy with a few exceptions. As a main representative of this position Grand Ayatollah and mardschaʿ-e Taghlid Hossein Borudscherdi (1875–1961) is named. Interfering in politics, according to the quietist view, is incompatible with the Twelve Shiite belief that the rapt 12th Imam Mahdi will return and rule the Muslim world as the only legitimate ruler. According to this conviction, every government during his rapture is only a transitional government that is not legitimized by anything and, if it sees itself as Islamic, even contains a contradiction in terms.

Khomeini was not the first Shiite cleric to seek control of legislation by clerical leaders. Already during the constitutional revolution from 1906 to 1911 it was Sheikh Fazlollah Nuri , a staunch opponent of the constitutionalists, who proposed a constitutional amendment that he had drafted for the review of all laws on an Islamic basis by five clerics (expert committee), which then also became part of the Iranian constitution . This committee of experts was never constituted; However, clergymen were members of parliament from the start and were involved in legislating.

Nevertheless, the Welāyat-e Faqih is a “revolutionary novelty” for the Shia, as Khomeini and his followers in the constitution of the Islamic Republic of Iran went beyond the involvement of the clergy in the legislative process. The chief legal scholar was given spiritual and political leadership. While this government saw itself as a representative government in anticipation of the 12th Imam, it explicitly called for the unity of politics and religion. Khomeini was convinced that this was the only way to ensure that the laws of God also became the laws of the state, and only the supreme representative of the imams seemed to him suitable for this task.

The pioneers of the revolutionary ideology in Iran were Jalāl Āl-e Ahmad and his student Ali Schariati , who shaped the intellectual discourse of the 1960s. Āl-e Ahmad published his influential essay Gharbzadegi in 1962 , in which he denounced the westernization of Iran, which he interpreted in part as an attack. In Islam he saw "the only value not yet affected by Western poison". Khomeini later confessed that he had read the book with admiration. Shariati was both an opponent of the democratic - capitalist West and the communist Soviet Union and advocated political Islam as the third way . He created the social-revolutionary concept of the Alidic , “red” Shia as a revolutionary movement, which he describes as pure, true and unadulterated Shia. He differentiates them from the Safavid , “black” Shia. This is characterized by political inaction, in which people mourn and complain instead of rebelling against oppression. In keeping with this position, Shariati coined a saying in his work The Martyrdom ( Shahâdat ) that became the slogan of the Islamic Revolution : "Every place is Karbala , every month is Muharram and every day is Ashura ".

State building

According to Khomeini, an Islamic government can neither be despotic nor totalitarian. Rather, it is constitutional and democratic. However, democracy does not mean that parliament passes laws according to the will of the people, but rather that it is derived from the Koran and Islamic tradition. In an Islamic state, the separation of powers into legislative, executive and jurisprudential branches has also been abolished. A religious council, which informs the government about the relevant Islamic laws, meets as the highest authority. Religion and state form a unit and are not separate. In detail, the state structure of Iran is as follows:

State structure in the diagram

Offices

leader

The Führer (Rahbar) is the head of state of Iran. He appoints half of the members of the Guardian Council as well as the country's chief judge. The Führer is also responsible for the supreme command of the armed forces and the appointment of the members of the arbitration council .

If there is no person who meets the requirements of the constitution, the office is filled by an assembly of 3 or 5 people. For the appointment of the leader or the assembly, a council of experts is elected by the people every eight years , which monitors its activities and, in theory, can also remove it. However, as in all elections in Iran, the Guardian Council preselects candidates. Due to the great influence of the Führer on the composition of the Guardian Council, dismissal is considered almost impossible.

In the 1979 constitution, Ayatollah Khomeini is explicitly named as the leader who fulfills the criteria and consequently takes power as the 12th Imam. Since Khomeini embodied the decisive leader of the Islamic Revolution, the office was called the office of the revolutionary leader during his reign.

In the course of the constitutional changes in 1989, the reference was removed that the leader must be recognized by the majority of the faithful as a spiritual authority. Instead, more emphasis was placed on political qualifications.

president

The president heads the country's government. He is elected every four years directly by the people from all candidates approved by the Guardian Council and may remain in office for a maximum of two consecutive legislative periods . The presidential elections are always held two years apart from the parliamentary elections.

In the original 1979 constitution, the current powers of the President were divided between the offices of President of the Republic and Prime Minister: The Prime Minister was at the head of the government, coordinated government work as head of the Council of Ministers and proposed the ministers at the beginning of their term of office. The president, on the other hand, was the representative of the state; his office was the highest after the Führer. He headed the executive branch, signed international treaties and appointed the prime minister. Since 1989 the competences have been united in the office of the President.

In each legislative period 10 to 12 vice-presidents are appointed, each of whom is responsible for different departments. The first vice-president represents the president and manages government affairs in his absence.

Institutions

Guardian Council

The Guardian Council examines laws and candidates for political office for compliance with the principles of Islam and for conformity with the constitution. With its extensive veto power, it is the most important institution for influencing the Supreme Legal Scholar. The Guardian Council is a body of twelve members, six of whom are proposed by the Chief Justice and elected by Parliament, and six clergy are appointed by the Supreme Legal Scholar.

The constitution states:

"In order to avoid contradictions between the resolutions [of the parliament] and the Islamic regulations or the constitution, a Guardian Council is formed with the following composition:

  1. 6 righteous Islamic legal scholars […]; they are elected by the Islamic leader or leadership council.
  2. 6 jurists from various fields of law proposed by the Supreme Judicial Council from among the Muslim jurists [parliament] and elected by [it]. "
- Constitution of the Islamic Republic of Iran, Principle 91, 1979

All laws passed by Parliament are first checked by the Guardian Council for conformity with the Basic Law and then declared invalid, if necessary. In addition, the 6 spiritual members appointed by the Supreme Legal Scholar have the opportunity to veto a law, citing contradictions with Islamic principles. This veto cannot be overruled by parliament and prevents a law from becoming legally binding.

"The determination of the conformity of the resolutions [of the parliament] with the Islamic regulations is made by the majority of the Islamic legal scholars of the Guardian Council and with regard to the conformity with the Basic Law by the majority of all members of the Guardian Council."

- Constitution of the Islamic Republic of Iran, Principle 96, 1979

The Guardian Council also decides on the suitability of candidates for all elections. In the run-up to each election, the Guardian Council prohibits many candidates from participating in the elections. The reasons given often relate to un-Islamic behavior and regularly arouse resentment.

Islamic Parliament

The Islamic Parliament ( Madschles Schora Eslami ) is elected directly by the people every four years. All Iranians from the age of 17 are entitled to vote. Only candidates approved by the Guardian Council are eligible.

The parliament is the legislative institution of Iran, whereby the compatibility of a law with the Islamic legal tradition must be observed. Bills come from the ministers or the deputies themselves. A law passed by parliament can be referred back to parliament by the Führer until it meets his ideas.

The last parliamentary elections took place on February 26, 2016.

expert advice

The Expert Council consists of 86 "virtuous and experienced" clergymen, with at least the religious title of Hodschatoleslam , who are elected for eight years by the people after preselection by the Guardian Council.

The Expert Council meets at least five days a year. He elects the Supreme Legal Scholar, "monitors" his activities and can theoretically remove him again.

Arbitration Council

An arbitration council exists to mediate between the Guardian Council and Parliament, the members of which are appointed by the Supreme Legal Scholar.

Security Council

A Security Council supports the Chief Legal Scholar as Commander-in-Chief of the Armed Forces .

Judiciary

In the Islamic Republic of Iran, Islamic law, Sharia , is applied, as formulated by the criminal law of the Islamic Republic of Iran. The Iranian Penal Code is published in German by the Max Planck Institute for Foreign and International Criminal Law under the title Penal Laws of the Islamic Republic of Iran , translated by Dr. Silvia Tellenbach with ISBN 3-11-014884-6 .

The Chief Legal Scholar appoints the Chief Justice, who in turn appoints the Attorney General. There are several branches of the courts, including Revolutionary Courts (for political offenses). The special tribunal for the clergy (for crimes committed by clergy) is outside the general jurisdiction and is directly responsible to the chief legal scholar. The chief judge is a member of the Security Council and, in cooperation with Parliament, appoints the six lawyers of the Guardian Council.

The judicial system, especially the departments 25 and 28 of the Revolutionary Court with the judges Abolqasem Salavati and Mohammad Moghisseh are massive human rights violations, arbitrary judgments, and violations of the Iranian Constitution and against Process procedures - particularly in trials against demonstrators in connection with the protests following Iranian presidential election 2009 - accused.

Administrative division

The governors-general of the 30 provinces (Ostan) are appointed by the Interior Minister with the consent of the Council of Ministers. In 2005 there were 30 Ostans in Iran, including 324 Shahrestans and 865 Bakschs.

See also

Individual evidence

  1. ↑ Note: The constitution is the central legal document or the central body of law of a state. The state powers constituted in this way are bound by the constitution as the supreme norm. The meaning as the highest standard does not apply in Iran. Article 4 reads:

    “All civil, criminal, financial, economic, administrative, cultural, military and political as well as all other laws and regulations must be in accordance with Islamic standards. This article determines the content and scope of all principles of the Constitution and other laws and regulations; the legal scholars of the Guardian Council watch over this. "

    In Iran, the “Islamic standards” are regarded as the highest legal norm. Laws and regulations are therefore not checked by the Guardian Council for their constitutionality, but for their “conformity with Islamic standards”. Which standards these are in detail is not explained further.
  2. ↑ Ruhollah Khomeini: Welāyat-e Faqih. Moaseseh Tanzim va Nashr Aasar-e Emam Khomeini. 7th edition. Tehran, 1377, p. 6 f.
  3. ↑ Heinz Halm : The Shiite Islam . 1st edition. CH Beck, Munich 1994, ISBN 3-406-37437-9 , p. 146 .
  4. ↑ a b Wilfried Buchta: Shiites . Heinrich Hugendubel Verlag, Kreuzlingen / Munich 2005, ISBN 3-7205-2491-4 , p. 83 .
  5. ↑ Katajun Amirpur, Reinhard Witzke: Schauplatz Iran . 1st edition. Herder, Freiburg 2004, ISBN 3-451-05535-X , p. 75 .
  6. ↑ Monika Gronke : History of Iran . 2nd Edition. CH Beck, Munich 2003, ISBN 3-406-48021-7 , p. 105 .
  7. ^ Gerhard Schweizer: Iran: Hub between East and West. Stuttgart 1991, p. 295 ( limited preview in the Google book search).
  8. ↑ Wilfried Buchta: Shiites . Heinrich Hugendubel Verlag, Kreuzlingen / Munich 2005, ISBN 3-7205-2491-4 , p. 77 .
  9. ^ Wahied Wahdat-Hagh : The Islamic Republic of Iran. The rule of political Islam as a variant of totalitarianism. Berlin 2003, p. 425 ( limited preview in the Google book search).
  10. ↑ The Supplementary Fundamental Laws , October 7, 1907 ( English text on Wikisource )
  11. ^ Gerhard Schweizer : Iran: Hub between East and West. Stuttgart 1991, p. 294 ( limited preview in the Google book search).
  12. ↑ a b c Katajun Amirpur, Reinhard Witzke: Schauplatz Iran . 1st edition. Herder, Freiburg 2004, ISBN 3-451-05535-X , p. 62 ff .
  13. ↑ a b Monika Gronke : History of Iran . 2nd Edition. CH Beck, Munich 2003, ISBN 3-406-48021-7 , p. 106 f .
  14. ↑ a b Heinz Halm : The Shiite Islam . 1st edition. CH Beck, Munich 1994, ISBN 3-406-37437-9 , p. 148 ff .
  15. ↑ Wilfried Buchta: Shiites . Heinrich Hugendubel, Kreuzlingen / Munich 2005, ISBN 3-7205-2491-4 , p. 79 ff .
  16. ^ The Green Book ( Memento of July 9, 2007 in the Internet Archive )
  17. ^ The reintroduction of Islamic criminal law in Iran
  18. ^ Men of Violence. Perpetrators of the Post-Election Crackdown. (PDF) In: iraniangerman.wordpress.com. 2010 (English).

literature

Web links