Columbia International Affairs Online: Case Studies

8- The Leader or Leadership Council

Article 107

After the demise of the eminent marji' al-taqlid and great leader of the universal Islamic revolution, and founder of the Islamic Republic of Iran, Ayatullah al-'Uzma Imam Khumayni - quddisa sirruh al-sharif - who was recognized and accepted as marji' and Leader by a decisive majority of the people, the task of appointing the Leader shall be vested with the experts elected by the people. The experts will review and consult among themselves concerning all the fuqaha' possessing the qualifications specified in Articles 5 and 109. In the event they find one of them better versed in Islamic regulations, the subjects of the fiqh, or in political and social Issues, or possessing general popularity or special prominence for any of the qualifications mentioned in Article 109, they shall elect him as the Leader. Otherwise, in the absence of such a superiority, they shall elect and declare one of them as the Leader. The Leader thus elected by the Assembly of Experts shall assume all the powers of the wilayat al-amr and all the responsibilities arising therefrom. The Leader is equal with the rest of the people of the country in the eyes of law.
 

Article 108

The law setting out the number and qualifications of the experts [mentioned in, the preceding article], the mode of their election, and the code of procedure regulating the sessions during the first term must be drawn up by the fuqaha' on the first Guardian Council, passed by a majority of votes and then finally approved by the Leader of the Revolution. The power to make any subsequent change or a review of this law, or approval of all the provisions concerning the duties of the experts is vested in themselves.
 

Article 109

Following are the essential qualifications and conditions for the Leader:
 

1.scholarship, as required for performing the functions of mufti in different fields of  fiqh.
2.Justice and piety, as required for the leadership of the Islamic Ummah.
3.right political and social perspicacity, prudence, courage, administrative facilities and adequate capability for leadership. In case of multiplicity of persons fulfilling the above qualifications and conditions, the person possessing the better jurisprudential and political perspicacity will be given preference.
 

Article 110

Following are the duties and powers of the Leadership:
 

1.Delineation of the general policies of the Islamic Republic of Iran after consultation with the Nation's Exigency Council.
2.Supervision over the proper execution of the general policies of the system.
3.Issuing decrees for national referenda.
4.Assuming supreme command of the armed forces.
5.Declaration of war and peace, and the mobilization of the armed forces.
6.Appointment, dismissal, and acceptance of resignation of:
1.the fuqaha' on the Guardian Council.
2.the supreme judicial authority of the country.
3.the head of the radio and television network of the Islamic Republic of Iran.
4.the chief of the joint staff.
5.the chief commander of the Islamic Revolution Guards Corps.
6.the supreme commanders of the armed forces.
7.Resolving differences between the three wings of the armed forces and regulation of their relations.
8.Resolving the problems, which cannot be solved by conventional methods,  through the Nation's Exigency Council.
9.Signing the decree formalizing the election of the President of the Republic by the people. The suitability of candidates for the Presidency of the Republic, with respect to the qualifications specified in the Constitution, must be confirmed before elections take place by the Guardian Council;, and, in the case of the first term [of the Presidency], by the Leadership;
10.Dismissal of the' President of the Republic, with due regard for the interests of the country, after the Supreme Court holds him guilty of the violation of his constitutional duties, or after a vote of the Islamic Consultative Assembly testifying to his incompetence on the basis of Article 89 of the Constitution.
11.Pardoning or reducing the sentences of convicts, within the framework of Islamic criteria, on a recommendation [to that effect] from the Head of judicial power. The Leader may delegate part of his duties and powers to another person.

Article 111

Whenever the Leader becomes incapable of fulfilling his constitutional duties, or lobs one of the qualifications mentioned in Articles 5 and 109, or it becomes known that he did not possess some of the qualifications initially, he will be dismissed. The authority of determination in this matter is vested with the experts specified in Article 108. In the event of the death, or resignation or dismissal of the Leader, the experts shall take steps within the shortest possible time for the appointment of the new Leader. Till the appointment of the new Leader, a council consisting of the President, head of the judicial power, and a faqih from the Guardian Council, upon the decision of the Nation's Exigency Council, shall temporarily take over all the duties of the Leader. In the event, during this period, any one of them is unable to fulfil his duties for whatsoever reason, another person, upon the decision of majority of fuqaha' in the Nation's Exigency Council shall be elected in his place. This council shall take action in respect of items 1,3,5, and 10, and sections d,e and f of item 6 of Article 110, upon the decision of three-fourths of the members of the Nation's Exigency Council. Whenever the Leader becomes temporarily unable to perform the duties of leadership owing to his illness or any other incident, then during this period, the council mentioned in this Article shall assume his duties.
 

Article 112

Upon the order of the Leader, the Nation's Exigency Council shall meet at any time the Guardian Council judges a proposed bill of the Islamic Consultative Assembly to be against the principles of Shariah or the Constitution, and the Assembly is 'unable to meet the expectations of the Guardian Council. Also, the Council shall meet for consideration on any issue forwarded to it by the Leader and shall carry out any other responsibility as mentioned in this Constitution. The permanent and changeable members of the Council shall be appointed by the Leader. The rules for the Council shall be formulated and approved by the Council members subject to the confirmation by the Leader.