Presidential Election Under an Illegitimate Shiite Caliphate in Tehran

In IRAN, campaign and talks about the upcoming  presidential election later this year is already underway. But when we talk and/or write about the word 'election' in Iran, we need to understand a critical fact, the meaning of the word is far from what we know it in a democratic society. 

Photo courtesy of New York Times

As a matter of fact it is totally opposite of what we know in Western democracies; it is an appointment. Whether it is to elect a president or a member of Parliament or a city councillor, people of Iran have never had any say and/or effect on the process of electing someone to an office. It is not to say that there would not be candidates' registration followed by preparation and polling booths placed around the country where the people can go and cast their so-called ballot papers. But the reality is that the people of Iran cannot choose their own candidates. In fact no one can be a candidate unless the Caliphate and his small group of cronies allow him or her to be, like the people of Iran only stamp legitimize the Caliphate's appointees. Familiar concept? Yes, similar to the Islamic State, Sunni version,  the Abu Bakr Al-Baghdadi run for a while in Raqqa Syria.   

Articles of the country's constitution exhibit best the meaning of the word 'election' in Iran.  

Article 5 of the country constitution provides: 

During the Occultation of the Walial-'Asr (may God hasten his reappearance), the wilayah  and leadership of the Ummah devolve upon the just ['adil] and pious [muttaqi] faqih, who is  fully aware of the circumstances of his age; courageous, resourceful, and possessed of  administrative ability, will assume the responsibilities of this office in accordance with Atricle 107.

Article 5 (1979 Edition): In the Islamic Republic of Iran, during the absence (ghayba) of his holiness, the Lord of the Age, May God all mighty hasten his appearance, the sovereignty of the command [of God] and religious leadership of the community [of believers] is the responsibility of the jurisprudent who is just, pious, courageous, knowledgeable about his era, and a capable administrator, and is recognized and accepted by the majority of people as leader. In case no jurisprudent receives such a majority, the leader or the Leadership Council, consisting of qualified jurisprudents, as mentioned above and in accordance with Article 107, assumes these responsibilities.

Article 107: After the honorable source of emulation, the great leader of the global Islamic Revolution,

and the founder of the Islamic Republic of Iran, the venerated Grand Ayatollah, Imam Khomaini, may

his noble character be sanctified, who was acknowledged and accepted by the undisputed majority of

the people as the marja‘and the leader, the responsibility for designating the leader shall be with the

Experts who are appointed by the people. The Experts consider all the qualified jurisprudents as discussed

in Articles 5 and 109, and consult with one another about them. If they find one of them the most

knowledgeable about the rules and subjects of jurisprudence, or political and social issues, or acceptability

by the public, or significance in any one of the qualifications indicated in Article 109, that person shall be

selected as the leader; otherwise, one of the Experts is chosen and declared as the leader. The leader who

is appointed by the Experts is in charge of the sovereignty of the command and all the responsibilities that

derive from it. Before the law, the leader is equal to other people in the country.

Article 107 (1979 Edition): Whenever one of the jurisprudents who fulfills the qualifications dis- cussed in

Article 5 of this constitution is acknowledged and accepted by the undisputed majority of the people as the

leader and the exalted source of religious conduct (marja‘-i taql-id)—as has been the case with the exalted

source of religious conduct and the leader of the Revolution, Imam Khomaini, may his noble character be

sanctified—this leader is in charge of the sovereignty of the command and all the responsibilities that derive

from that. Otherwise, the Experts, who are elected by the people, con- sider and consult with each other about

all the persons who have the qualifications to be the marja‘ and the leader. If they find one marja‘possessing

of special significance for leadership, they introduce him to the people as the leader; otherwise, they designate

three or five marja‘s, who are qualified for the leader- ship, and introduce them to the people as members of

the Leadership Council.

These articles were essentially revised in 1986, after the death of Ayatollah Khomeini (founder of the Islamic Republic) to pave the way and serve appointing of the current Caliphate, Ali Khamenei (the so-called Supreme Leader) who was at the time neither qualified nor experienced religiously or politically respectively to occupy that position. Most interestingly, the people of Iran had no role in the amendment of their own country constitution. The changes have been undertaken unlawfully in direct breaches, and the requirements, of Article 177 of the constitution. The current Caliphate, the Supreme Leader, is illegitimate and has been since his appointment 35 years ago. 

 

Article 109: The qualifications and attributes of the leader are as follows:  

1. scholarly qualification for issuing religious ruling ( fatwa) concerning various discussions 

2. required justice and piety in leading the Islamic community; 

3. sound political and social perspective, prudence, courage, sufficient administrative   capability, and power for leadership. In case there are a number of candidates who meet these  qualifications, the person with a more efficacious political and jurisprudential insight has  capability, and power for leadership. In case there are a number of candidates who meet these qualifications, the person with a more efficacious political and jurisprudential insight has  in jurisprudence; priority. 

Next to cement the illegitimate Caliphate as a God-like dictator, Articles 91, 93 and 99 of the constitution combined created a council defined as the Guardian Council. The council comprising of 12 members six of whom appointed by the Caliphate (see clause 6 of Article 110 below) himself and the remaining six by the head of Judiciary, whom would himself be an appointee of the Caliphate. The council then retains the vetting power of all political candidates, including presidential, parliament, city councils, among other powers as it sees fit to derive from the constitution.  

Article 91: An assembly named the Guardian Council is established in order to protect the  commands of Islam, and the constitution from discord with the proceedings of the Islamic  Consultative Assembly. The Guardian Council has the following composition: 

1. Six just Islamic jurisprudents who are conscious of the issues and needs of the time. These  are selected by the leader. 

2. Six legal scholars (hoquqdan), specialized in different fields of law, from among Muslim  jurists who are presented by the head of the judiciary to the Islamic Consultative Assembly  and are selected by the vote of the Assembly. 

Article 93: The Islamic Consultative Assembly does not hold any legal status if there is no Guardian Council in existence, except for the purpose of approving the credentials of its members and the election of the six jurists on the Guardian Council. 

Article 99: The Guardian Council is responsible for supervising the elections of the Leadership Council of Experts, the President of the Republic, the Islamic Consultative Assembly, and referrals to the public vote and referenda.  

These changes to the constitution in 1986, without any consultation with or permissions from the people of Iran, were designed to assist and pave the way to install the current Caliphate, Ali Khamenei, to the position of Wali Faghih, the Supreme Leader. When adding articles 93, 99 together with clauses 6-10 of the article 110 below to the above powers the Caliphate enjoys; the people's powers would be preempted with Article 6 of the constitution became null. Those who claimed to have had legal knowledge at the time and assist these changes to take place are all traitors to the people of Iran and their country. 

Article 6: In the Islamic Republic of Iran, the country’s affairs must be administered by reliance on the public vote, and through elections. These will include the election of the president, the deputies of the Islamic Consultative Assembly (Majles), the members of the councils, and other such institutions, or through a referendum in such instances as are determined in other articles of this document.

Article 110 - Leadership powers: 

6. Appointment, dismissal, and acceptance of resignation of: a. the fuqaha' on the Guardian Council. b. the supreme judicial authority of the country. c. the head of the radio and television network of the Islamic Republic of Iran. • Radio • Television constituteproject.org PDF Iran (Islamic Republic of) 1979 (rev. 1989) Page 30 d. the chief of the joint staff. e. the chief commander of the Islamic Revolution Guards Corps. f. the supreme commanders of the armed forces.  

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; • Constitutional court powers • Head of government selection  

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.

 All the above captured in a diagram by the Washington Post below: 

This has left for the past 35 years the country, her people and her resources in the hand of an illegitimate Caliphate with his small group of armed cronies, a full theocratic Islamic State of Shiite-version, identical to that of Abu Bakr Al-Baghdadi Sunni-version failed attempt in Raqqa Syria.