“….The official religion of Iran is Islám, according to the orthodox Já’farí doctrine of the Ithna ‘Ashariyya (Church of the Twelve Imáms), which faith the Sháh of Persia must profess and promote….
…..At no time must any legal enactment of the Sacred National Parliament, established by the favor and assistance of His Holiness the Imám of the Age (may God hasten his glad Advent !), the favor of His Majesty the Sháhinsháh of Islám (may God immortalize his reign!), the care of the Proofs of Islám (may God multiply the like of them !), and the whole people of the Persian nation, be at variance with the sacred principles of Islám or the laws established by His Holiness the Best of Mankind ((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 (the ‘ulamá)—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 Islám; 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, [which committee shall be elected] in this manner. The ‘ulamá and Proofs of Islám shall present to the National Consultative Assembly the names of twenty of the ‘ulamá 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 Islám, 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 !) ….“
From the text of monarchy constitution of Iran
Part I – Summary :
The 1906 Iranian constitution and its amendment in 1907 although very progressive and revolutionary at the time, because of the extreme powers that it assigns to the Royal and Religious authorities (Shah and Clergy), can not be considered as an alternative, not even a temporary one for the present Iran.
The 1979 constitution of the Islamic Republic also had some progressive articles buried within it but again due to its religious intent and the ultimate powers assigned to the supreme leader (Vali Faghih) and clergy, it can not reflect the demands of Iranians.
In fact putting the forms aside, the two constitutions fundamentally have much in common. Although they both intend to divide the powers among the three divisions of legislative, judiciary and executive powers but all three branches remain to be under full control and supervisions of the clergy and/or royalty. Any laws passed in either parliament had to first be reviewed by a group of clergy for compliance with Shia Islam and then still the ultimate veto and approval powers remain with the Monarch or the Faghigh.
They both consider Shia as the official religion of Iran and require Monarch and Faghih to protect and even expand the Shia Islam thought the land.
In fact under the Monarchist constitution if the Shah happens to be a Muslim fundamentalist, he could hardly be distinguished from its Vali Faghih counterpart except in the difference between a crown and a turban.
In case of 1906 constitution some of the powers of the shah were taken away and assigned to the parliament but by the time of completion of its amendment in 1907, the Shia clergy had taken much control over the form of the constitution and its lawmaking process.
The same was true with the revolution of 1979 which was participated by people and groups of different views, but by the time it reached the formation of constitution, the clergy formatted their own will within the texts of the constitution.
What is obvious is that neither of the two constitutions is secular nor present the needs of Iran and Iranians today. Today we can not and should not recognize any title or power who claims its legitimacy based on either of the two constitutions.
However, putting aside the influence and power of the Shia Clergy in both constitutions, one can not deny the evolutionary trend from the ultimate Monarchy to constitutional Monarchy in 1906 to a Republic in 1979 with the past 100+ years of Iranian history.
In next sections I have posted only some of the flaws of the both constitutions which range from discriminatory by gender, age, religion and title to giving ultimate powers to the King or the clergy.
It should be reiterated that the 100+ year old monarchy constitution was the result of heroic struggles of many respected Iranians and it contained many progressive articles but its historical and revolutionary aspect is not the subject of this article which is only studying its present applicability.
Part II: Some of the flaws of 1906/1907 Monarchy Constitution:
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