The Leader or Leadership Council
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 Khomeyni - 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 there
The Leader is equal with the rest of the people of the country in
the eyes of law.
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.
Following are the essential qualifications and conditions for the
scholarship, as required for performing the functions of mufti in
different fields of fiqh.
b. Justice and piety, as required for the leadership of the Islamic
c. 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.
Following are the duties and powers of the Leadership:
Delineation of the general policies of the Islamic Republic of
Iran after consultation with the Nation's Exigency Council.
Supervision over the proper execution of the general policies of
decrees for national referenda.
supreme command of the armed forces.
Declaration of war and peace, and the mobilization of the armed
Appointment, dismissal, and acceptance of resignation of:
fuqaha' on the Guardian Council.
supreme judicial authority of the country.
head of the radio and television network of the Islamic Republic
chief of the joint staff.
chief commander of the Islamic Revolution Guards Corps.
supreme commanders of the armed forces.
differences between the three wings of the armed forces and
regulation of their relations.
the problems, which cannot be solved by conventional methods,
through the Nation's Exigency Council.
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.
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.
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.
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 fulfill 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.
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.