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Ali Kalai

Since the time of the revolution and the drafting of the second complementary principle of the Iranian Constitutional Monarchy, the presence of clergy in the formation of the government and their influence in expressing their opinions and stating their opposition or lack thereof to laws in accordance with Islamic laws in Iran took on a legal and official form. This principle was included to ensure the “legality” of all decisions made by the National Consultative Assembly in this law.

This principle clearly stated: “The Holy Council of the National Assembly, established with the attention and approval of His Eminence Imam Mahdi (may Allah hasten his reappearance), the mercy of His Highness the King of Islam, Khalid Allah Sultan, and the supervision of many honorable scholars and the general public of the Iranian nation, must not have any legal provisions that contradict the sacred laws of Islam and the laws of His Excellency Khairul Anam (peace be upon him and his family). It is certain that the determination of the contradiction of legal provisions with Islamic principles is the responsibility of the knowledgeable scholars who are appointed by Allah and are present. Therefore, it is officially determined that in every era, a council of no less than five people, who are knowledgeable and pious scholars and are aware of the needs of the time, should be introduced to the National Assembly by the leading scholars and representatives of Islam, and twenty of these scholars who possess the mentioned qualities should be selected

The rhythm of these words revolves around this principle: “Recognizing the contradiction of subject laws with Islamic rules”, “Announcing scholars”, “A committee of no more than five people”, “Proposing and rejecting cases that contradict Islamic rules”, “Legality”, and also “The presence of this principle and its immutability until the appearance of Imam Mahdi”.

It was decided that a committee of at least five experts would oversee the laws passed by the National Consultative Assembly to ensure they were not against Sharia law. This principle was also guaranteed in order to maintain the Islamic nature of the government. This continued until the reappearance of the Hidden Imam. The principle, which was introduced into the Constitution of the Islamic Republic of Iran after the revolution in February 1979, with the establishment of the “Guardian Council”, has since followed its course.

But the issue of the legitimacy of government and the relationship between rulers and clergy, who considered themselves representatives of the Prophet of Islam and the Shia Imams, dates back many years. This issue has been addressed in different periods and with different theories, and has manifested itself in various forms. In his book “Theories of Government in Shia Jurisprudence 1”, Dr. Mohsen Kadivar narrates two periods in the history of Iran before the Constitutional Revolution, based on the political approach of Shia jurists after the beginning of the Greater Occultation and the deputies of the absent Imam until today. The first period, which he refers to as the “Golden Age of Private Jurisprudence”, spans from the 4th to the 10th century AH. During this period, Shia jurists focused on jurisprudential qualities and did not yet enter the political arena, in the sense of the issue of government. The second period, however, spans from the 10

After the Safavid era until the Constitutional Revolution, the jurists (in a general sense) were the guarantors of the laws and the powerful Muslims were the rulers. He who sometimes became the head of the shrine of Ali and later received the title of Shah Martyr after his assassination. But with the Constitutional Revolution, the story changed for the people of Iran.

The Constitutional Era introduced Shia clerics to new issues. During this time, they became familiar with modern concepts such as constitutional law, freedom, justice, despotism, separation of powers, equality, representation, and voting. Two opposing views emerged in this field. On one side were the constitutionalist scholars, represented by figures such as Akhund Khorasani and Mirza Nayini, who sought to reconcile the concepts of constitutionalism and legitimacy and ultimately settled on the theory of “constitutional government with the consent of the clerics”. On the other side were those who believed in the previous theory and collaborated with the powerful Islamic figure, Sheikh Fazlollah Nouri, in seeking refuge in the Sultan’s protection and being the guarantor of Sharia. They did not find the rule of law in constitutionalism and instead sought legitimacy in constitutionalism. Their symbol was Sheikh Fazlollah Nouri. The proponents of legitimacy claimed that “the constitutionalism that is prevalent in Europe is

In the end, the constitutionalists demanded to be in control. Although the constitutional movement later fell into minor tyranny, and then Reza Khan’s rule challenged its achievements. However, the constitution became dominant, with its second principle being mentioned at the beginning. This principle, which required not to oppose Islam according to the judgment of at least five jurists, was the main condition for approving laws. This principle was added to the constitutional law by the efforts of Sheikh Fazlollah Nouri, and in fact, in the struggle between two theories, it was the scales that weighed in favor of Sheikh Fazlollah and his thoughts. Perhaps after that, the situation would stabilize and Sheikh Nouri’s opposition would end. But it didn’t happen, and the story continued, and Sheikh Fazlollah was executed by the constitutionalists.

Several defaults are clear in all these discussions and legislations. Defaults that were also demonstrated in the post-Islamic Republic era in the Guardian Council. First, that it is an Islamic society and laws must be in accordance with the religion of the people. This meant that the non-Muslim population of Iran was considered subordinate to the Muslims in this society. Additionally, it is the scholars, clergy, and jurists who are the interpreters of the sacred texts and laws, and they understand what is in accordance with the law and what is not. They are the official religious class who consider themselves the protectors of religion and guarantors of its legitimacy. The focus on profession, clothing, and class is evident here and has a significant presence.

The purpose is the February 1979 revolution. The Iranian society is faced with a government called the “Islamic Republic” this time, and a cleric forms the government and state. The political views of Ayatollah Ruhollah Khomeini, the founder of the Islamic Republic system, are reflected in his books. From his famous books “Guardianship of the Jurist” or “Islamic Government” to his scattered political views in “Al-Rasa’il”, “Kashf al-Asrar”, and “Tahrir al-Wasilah”. Mohsen Kadivar in “Theories of Government in Shiite Jurisprudence 1” considers him the author of the theory of “absolute guardianship of the jurist”. Of course, Mr. Khomeini eventually reaches the word “absolute” in this guardianship. He first begins this absolute guardianship for the jurist without mentioning the word “absolute”, and after expanding his power, he lays the foundation for it

Other opinions also have titles: “Popular Caliphate with the Supervision of the Religious Authority” by “Ayatollah Sayyid Mohammad Baqir Sadr”, second: “Islamic Elected Government” by “Sheikh Mohammad Jawad Maghniyah” and “Sheikh Mohammad Mehdi Shams al-Din”, third: “Elected Guardianship of the Jurist” by “Ayatollah Hussein Ali Montazeri” who is close to “Ayatollah Morteza Motahhari” and even extends to the “Guardianship of the Jurist” and fourth: “Joint Ownership Representation” by “Ayatollah Dr. Mehdi Ha’iri Yazdi”. But what governs is the same theory of Ayatollah Khomeini. In short, among these theories, the fourth theory (according to the writer) is closest to the values of a democracy, like all democracies. Also, if what happened to the deputy leadership of

The February 1979 Revolution takes place. Its constitution is also written and in Article 91, a council called the “Guardian Council” is established. This article states: “In order to safeguard the principles of Islam and the Constitution, a council called the Guardian Council is formed with the following composition to prevent any conflict between the decisions of the Islamic Consultative Assembly and these principles:

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1- “Six just and knowledgeable scholars who are aware of the needs of the time and current issues. The selection of these individuals is in accordance with the leadership position.”

2- Six lawyers, in various fields of law, are selected from among Muslim lawyers who are introduced to the Islamic Consultative Assembly by the head of the judiciary and are elected by the vote of the assembly.

A new government has been formed. However, in its constitution, the principles themselves speak. In short, the second principle refers to the issues of monotheism, revelation, resurrection, justice, imamate, and leadership. The fifth principle states that “during the absence of Imam Mahdi, in the Islamic Republic of Iran, the guardianship of the affairs and imamate of the nation is entrusted to a just, pious, aware of the time, brave, manager and administrator, who is responsible for it according to the 107th principle” and in principle 107 it discusses the issue of the Supreme Leader’s experts. It is clear that the new government considers itself “Islamic” based on the mentioned principles and many other principles that are beyond the scope of this article, and counts the “jurist” and “jurists” as the Imam, leader, and guarantor of this Islam. These two previous assumptions are mentioned again. Once again, the Iranian society is assumed to

The Guardian Council in the Islamic Republic of Iran.

The Guardian Council considers itself the “Guardian of Islamic Laws and the Constitution” and oversees the decisions of the Parliament. This council is also the interpreter of the Constitution and is responsible for approving or rejecting the eligibility of all candidates in the elections of the Islamic Republic.

Since the beginning of the February 1979 Revolution until now and after the formation of the Islamic Republic system, in different eras, numerous jurists have relied on the seat of the Guardian Council. Some, like “Ahmad Jannati,” seem to have been present in this council for their entire lives, while others have either been removed from this council or have been separated from it due to death. Those who have been removed have either returned to the seminary field or have not held any government positions, such as Lotfollah Safi Golpayegani, who is currently one of the sources of emulation in Qom and was separated from this council in the fourth month of 1367. Some have also taken on more important positions, such as Sadegh Larijani, who went from being a member of the jurists’ council to becoming the head of the judicial branch of the system.

During the organization of political forces in the era of Ayatollah Khomeini, especially during the times when the Islamic Republic Party was dissolved and two groups, the Combatant Clergy and the Clergy Combatant, entered the scene and two left and right wings were formed within the government, the Guardian Council has generally been a position for the loyalists of the system. The Guardian Council was present from 1980 to 1986. Its composition and constant changes are noteworthy. Lotfollah Safi Golpayegani, Ahmad Jannati, Abdolrahim Rabbani Shirazi (who was replaced by Mohammad Reza Mahdavi Kani after his death and then by Mohammad Momen in the second three-year term), Mohammad Reza Mahdavi Kani (who was then replaced by Abolghasem Khazali), Gholamreza Rezvani (who handed over his position to Mohammad Mohammadi Gilani in the second three

The second term of the Guardian Council, which began under the leadership of Ayatollah Khomeini in 1986 and ended in 1992 under the leadership of Ayatollah Khamenei, is interesting. This term coincides with a time when Ayatollah Khomeini fully supports the leftist government (in the Islamic Republic) of Mir-Hossein Mousavi, the then Prime Minister. However, the Guardian Council seems to have transformed into a space for the right-wing government to take control. In fact, it seems that a power division has been created among the factions within the government. In this term, Mohammad Mohammadi Gilani is the secretary. The members include Ahmad Jannati, Mohammad Emami Kashani, Mohammad Momen Qomi, Lotfollah Safi Golpayegani (who hands over his position to Mohammad Yazdi in July 1988), and Abolghasem Khazali. In fact, the right-wing

There have not been many news leaks about the internal relationships and conflicts between the Guardian Council and Mr. Khomeini. However, considering his political differences in supporting the Mousavi government against the majority’s political views in the Council, it can be understood that there have been contradictions and conflicts. He supports the Mousavi government to the extent that he openly tells his opponents, “You who cannot manage a city, if they give you a bakery, you cannot manage it.” (3).

Of course, these confrontations are not limited to this term of the Guardian Council. Ayatollah Khomeini, on September 2, 1984, in a meeting with jurists and legal experts of the Guardian Council, stated in his remarks that “clerics should have a guiding role, not a desire to govern. We should not do anything that would make people say they did not reach their goal, and now that they have, look how they have become. Religious tyranny is an accusation that should not be overlooked.”

He also mentions that the responsibility of preserving the council lies with its members and addresses them saying, “Your behavior should not be such that it is perceived that you are standing against the parliament and the government. The fact that you are one and the parliament is one, you are one and the government is one, is damaging.”

The founder of the Islamic Republic goes as far as to warn and ask them not to interfere in executive matters.

Ayatollah Khomeini even in 1965, in his letters addressed to the members of the Guardian Council, says: “Some respected gentlemen interfere in matters that cause confusion in the Guardian Council. The respected jurists must be aware that they should not interfere in issues that are causing conflict.”

This conflict during the third round of elections for the Islamic Consultative Assembly also demonstrates itself; when the leftist factions take control of the electoral system, the Guardian Council once again delays the confirmation of the election results due to political differences with the winners. The elections take place in the final months of the Iran-Iraq war and, given the sensitive conditions of the country, the Guardian Council once again prioritizes its political interests. To the point where the matter leads to correspondence between the country’s leader and the Guardian Council. Imam Khomeini speaks of his “legal right” and “legal duty” in front of Khamenei and Khamenei, with a letter and ultimately with the mention of the results of the investigations of his representative and the representatives of the Guardian Council, testifies to the validity of the Tehran elections. However, even after this announcement, the Guardian Council confirms the Tehran elections in an administrative text, citing the words of the country’s leader and not the results of

With the death of the founder of the system, the wheel of government turns towards the true profit. The new leader is one of them. The composition of the Guardian Council in the following years is completely coordinated with the system’s leader. Between the years 71 and 77, Ahmad Jannati (secretary), Mohammad Emami Kashani, Mohammad Momen, Gholamreza Rezvani, Abolghasem Khazali, and Mohammad Mohammadi Gilani (from 73, Seyyed Mahmoud Hashemi Shahroudi) are present in this council. From 77 to 83, Jannati remains the secretary of the council. Emami Kashani has handed over his position to Reza Estadi since 78. Momen and Rezvani are still in their positions. Khazali also hands over his position to Hassan Taheri Khorramabadi in 78, and Shahroudi also hands over his position

From 1983 to 1989, Jannati is still the Secretary of the Council. Momen and Rezvani are still in their positions. Sadegh Larijani, however, has come and given his place to Hashemi Shahroudi. Mohammad Hassan Ghadiri is also present and later switches places with Mohammad Reza Modarresi Yazdi, while Sheikh Mohammad Yazdi has also maintained his presence.

From 2009 to 2016, Jannati was also the secretary of the council. Mohammad Momen is now in his place. In April 2013, Rezvani passes away and Mehdi Shabzendehdar Jahromi takes his place. Hashemi Shahroodi, Modarresi Yazdi, and Yazdi are still in their positions.

And finally, in the current period from 1995 to 2022, Ahmad Jannati is still in his position in the Guardian Council. The other members are Mohammad Momen, Shab Zende Dar Jahromi, Hashemi Shahroudi, Modarresi Yazdi, and Mohammad Yazdi.

The Council of Guardians of the current leader are completely aligned with the first person of the system and continue their work with the least amount of friction with him (unlike previous times). In any election where the will of the leadership is to remove someone, the Council of Guardians is the executor.

The supervision of the Guardian Council, is it advisory or informational?

One of the main debates in the Guardian Council, which has resulted in the disqualification of many candidates by this council and numerous conflicts among political forces within the government, is the issue of the type of supervision of this council over elections. In 1370, Gholamreza Rezvani, a member of the council and the head of the central monitoring committee, inquired about the type of supervision of this council over elections from the Guardian Council, and Mohammad Gilani, the then secretary, responded: “The mentioned supervision is essentially based on Article 99 of the Constitution and includes all stages of the election process, including the approval and disqualification of candidates.”

Supervision based on what has been mentioned in the website of the Assembly of Experts and written by Abbas Ali Amidi Zanjani is referred to as “introspective supervision”. This means that in cases where supervision is delegated to an institution, that institution carries out the supervision internally, and this is different from cases where supervision is not introspective.

In summary, in this type of supervision, the only opinion that can be enforced is the opinion of the Guardian Council, and the vote of any other institution outside of this council has no effect on it. “Esteswab” is an Arabic word and its root is “sawab”. “Sawab” means “correct” in contrast to “mistake”, and “esteswab” means “considering something correct and accurate”; it’s like saying: this action is right and flawless. (5).

However, the left forces, following the line of the Imam, resisted against this type of interpretation by the Guardian Council. They initially considered the supervision of the Guardian Council not “appropriate” but “informative”. This means that the Guardian Council, based on “information” and with confirmation from the four authorities, namely the judiciary, law enforcement, civil registration, and the Ministry of Intelligence, must give its opinion and issue a ruling.

This issue and contradiction between two types of posthumous supervision was raised after the death of Ayatollah Khomeini and on the eve of the fourth round of elections for the Islamic Consultative Assembly. Later, with this new type of supervision, the Guardian Council took the initiative to disqualify a large number of left-wing government candidates. From then on, “expediency” supervision became a tool in the hands of the Guardian Council to disqualify candidates in the elections for the Islamic Consultative Assembly, the Assembly of Experts, and even the presidency. This meant that the right-wing government, in all matters, took the initiative to remove all the spiritual leaders of the reformist movement after the June 1976 elections, that is, the traditional left-wing government in Iran. The fourth round of elections was held with very little enthusiasm. However, in the fifth round, some of the former right-wing members (the technocratic section) were criticized and the developers were able to

Finally!

The Guardian Council was supposed to be a custodian of heritage that guarantees and protects the Islamic system and its laws. This heritage not only dates back to the Islamic Republic, but also to the Constitutional and pre-Constitutional eras. This heritage was based on two assumptions. First, that the Iranian society was not a nation belonging to Iranians, but a nation belonging to believers in the Islamic religion. And second, that the only institution with the authority to protect the laws and Islamic principles was the clergy and the official religious institution. However, in the course of history, this institution turned into a powerful entity that could even control the half-revolutionary republic and transform the system from a collective ownership to a private ownership for a few select individuals or groups. This institution, however, seems to not be satisfied with this level of power and has recently been seeking to expand its dominance over the entire country by proposing continuous supervision over the parliament members, in order to further suppress the existing republic in the Islamic

Sources.

• Spirituality, Akhoond Khorasani, and the Constitutional Movement, Journal of the Seminary, Issue 61, October 2011.

• Kadivar, Mohsen, Theories of Government in Shia Jurisprudence, Ney Publishing, Tehran, 1376 (1997), 7th edition: 1387 (2008).

• Mousavi Khomeini, Ruhollah, Sahifeh Imam, Volume 19, page 67, Ayatollah Khomeini’s website.

• Imam’s expectations and criticisms of the Guardian Council, Fight – Analytical News Media of Student Line, 29th of Ordibehesht, 1392.

• What is supervisory and reconnaissance monitoring? Website of 24 News Room, September 4th, 1394.

• The items related to the Constitution of the Islamic Republic are from the website of the Administrative Justice Court.