|
By Mehrangiz Kar
Following a revolution that ended the years of the absolute rule of the Shah (king), Iranians wrote their first constitution in 1906. Through writing and passing the contents of the Constitution they were able to document their most important revolutionary quest which was putting an end to the absolute power of the Shah over the country’s political affairs. Additionally, the Constitutional Revolution led to the foundation of the first independent parliament through which people’s representatives who would get elected in democratic elections could have a say in the politics of Iran. During this time the rate of illiteracy was very high in Iran, for the most part Iran was rural and rustic and the majority of people were traditional. Many of the residents of these rural areas followed the guidance of their intelligent leaders and made the Constitutional Revolution happen.
Relative to the society of Iran, the new Constitution of Iran was very progressive. The Constitution had stated that the king was to reign and not to govern. The parliament was free in making legislative decisions. Even though it was recommended that legislators take into consideration Islamic laws, there was no strict system in place to make sure that every single law that would get passed was well-matched with Islamic laws. As a result, due to the flexibility of the Islamic aspect of legislation, many laws would come about in tuned with the norms of the society, the specific demands of the time, the place and social changes.
All in all, the Constitution was progressive and was respectful of citizens’ rights. It is, however, difficult to say that the Constitution had fully accepted and facilitated religious freedoms. The official religion of the country was Esna Ashari Shiaa Islam and only the three religious minorities of Christians, Jews and Zoroastrians were officially recognized by the state.
Despite its flaws, the Constitution had made it possible to pass democratic laws in appropriate times. Some of these progressive laws that were passed included laws that accelerated the improvement of women’s rights, the economic and social situation of Iran. In other words, the Constitution became the basis of a democratization process in Iran.
Furthermore, the new administration of justice was founded based on the Constitution. This administration of justice was more or less respectful of human rights principals. After the foundation of the administration of justice, judges and lawyers who were all graduates of the country’s law schools, established an independent bar association. The new laws allowed women to become judges, lawyers and ministers. In addition, family laws were reformed and improved for women. Except for a few cases, Islamic clerics would not get assigned as judges anymore. The penal code had not included harsh corporal punishments such as lashing and stoning. The laws would not allow the government to interfere with the privacy of citizens.
However, the most important part of the Constitution which was supposed to prohibit the king from ruling over the country with absolute power and had let people’s representatives govern the country was violated by Pahlavi kings. Despite the orders of the Constitutions, the parliament became influenced by the kings. In the Constitution there were very few major obstacles for democracy and if things had gone well, it was likely for the Constitution to allow more democratic possibilities by the end of the 20th Century.
The Islamic Revolution of 1979 truly changed the course of the Constitutional Revolution. The Islamic Constitution was written shortly after the Islamic Revolution. The Constitution of the Islamic Republic of Iran closed all doors to democracy. Moreover, the authorities of the Islamic Republic of Iran disregard the small possibilities of democracy that the Islamic Constitution has left for Iranian citizens. Therefore, since the course of legal changes and improvements toward a democratic system was interrupted by the Islamic Revolution, Iran has gone through a reversed process of modernization, which has created even more crises in the country. Today Iran stands at the dead-end of the Islamic Constitution which was written 28 years ago and Iranians are confined with many laws that violate basic human rights.
|
