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Assembly of Experts
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==Functions== {{see also|List of chairmen of the Assembly of Experts}} ===In the constitution=== According to Article 111 of the [[Iranian Constitution]], the assembly is in charge of supervising, dismissing and electing the Supreme Leader. <blockquote>Whenever the Leader becomes incapable of fulfilling his constitutional duties, or loses 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. ... 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.<ref name="Constitute-111">{{cite web |title=Iran (Islamic Republic of)'s Constitution of 1979 with Amendments through 1989. Article 111 |url=https://www.constituteproject.org/constitution/Iran_1989.pdf?lang=en |website=Constitute |access-date=7 September 2022}}</ref><ref name="c">{{cite web |url=http://www.iranonline.com/iran/iran-info/Government/constitution-8.html |title=Iranian Government Constitution, English Text |publisher=Iran Online |access-date=28 July 2012 |url-status=dead |archive-url=https://web.archive.org/web/20101123063337/http://www.iranonline.com/iran/iran-info/Government/constitution-8.html |archive-date=23 November 2010}}</ref></blockquote> To choose the Supreme Leader, the Experts review qualified candidates and consult among themselves. According to the Constitution, the criteria of qualification for the office of the Supreme Leader include "Islamic scholarship, justice, piety, right political and social perspicacity, prudence, courage, administrative facilities and adequate capability for leadership."<ref name="c" /> The jurist deemed as the most well-versed in Islamic regulations, in [[fiqh]], or in political and social issues, most generally popular, or of other special prominence is chosen as Supreme Leader. Otherwise, in the absence of such a candidate, the Experts elect and declare one of their own as Supreme Leader.<ref name="c" /> Article 107 of the constitution states: <blockquote>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 therefrom.<ref name="Constitute-107">{{cite web |title=Iran (Islamic Republic of)'s Constitution of 1979 with Amendments through 1989. Article 107 |url=https://www.constituteproject.org/constitution/Iran_1989.pdf?lang=en |website=Constitute |access-date=7 September 2022}}</ref></blockquote> Article 99 of the constitution declares "The Guardian Council has the responsibility of supervising the elections of the Assembly of Experts for Leadership". It also had the responsibility for setting up the first Assembly. The constitution does not specify requirements for candidacy for the Assembly of Experts, leaving the Assembly itself to put limits on who may run for membership. Article 108 states: <blockquote>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.<ref name="c" /> </blockquote> The [[1989 Iranian constitutional referendum]] removed the requirement for the leader to be a [[marja']]. [[Ali Khamenei]] was not a marja' at that time. ===Limits of power=== How much actual power the Assembly has to supervise or oversee the Supreme Leader has been questioned. The assembly has never dismissed or even questioned a sitting Supreme Leader and, as all of its meetings and notes are strictly confidential, it has never been known to challenge or otherwise publicly oversee any of the Supreme Leader's decisions.<ref>"Iran Announces Second Extension of Voting," Reuters, 23 October 1998. quoted in {{cite book |last1=Wright |first1=Robin |title=The Last Great Revolution: Turmoil and Transformation in Iran |date=2001 |publisher=Knopf Doubleday Group |page=317 note 26 |isbn=9780307766076 |url=https://books.google.com/books?id=25_l12OBeYkC&dq=%22Iran+Announces+Second+Extension+of+Voting%2C%22+Reuters%2C+23+October+1998.&pg=PA317 |access-date=13 October 2022}}</ref> All candidates to the Assembly (as well as the President and the Majlis or Parliament), are selected by the [[Guardian Council]], half of whose members are selected by the Supreme Leader.<ref>{{cite web|url=https://www.theguardian.com/world/2015/dec/14/rafsanjani-breaks-taboo-over-selection-of-irans-next-supreme-leader|title=Rafsanjani breaks taboo over selection of Iran's next supreme leader|date=14 December 2015|website=The Guardian|access-date=1 July 2016|archive-url=https://web.archive.org/web/20161218132154/https://www.theguardian.com/world/2015/dec/14/rafsanjani-breaks-taboo-over-selection-of-irans-next-supreme-leader|archive-date=18 December 2016|url-status=live}}</ref> Also, all directly elected members after the vetting process by the Guardian Council still have to be approved by the Supreme Leader.<ref name="ReferenceA"/><ref>{{cite web|url=http://www.servat.unibe.ch/icl/ir00000_.html|title=ICL – Iran – Constitution|website=Servat.unibe.ch|access-date=15 August 2018|archive-url=https://web.archive.org/web/20180821093931/http://www.servat.unibe.ch/icl/ir00000_.html|archive-date=21 August 2018|url-status=live}} {{cite web|url=http://www.brookings.edu/blogs/markaz/posts/2016/02/09-iran-election-assembly-of-experts-explainer-borden|title=Everything you need to know about Iran's Assembly of Experts election|website=Brookings.edu|date=30 November 2001 |access-date=1 July 2016}}</ref> Furthermore, there have been instances of Supreme Leader [[Ali Khamenei]] publicly criticizing members of the Assembly, resulting in that member's arrest and an end to their time on the Assembly—an example being Khamenei's denouncing of then-member of the Assembly [[Ahmad Azari Qomi]] as a "traitor" after the publishing of an open letter by Qomi criticizing Khamenei, resulting in Qomi's arrest and the eventual rejection by the Guardian Council of his candidacy for re-election to the Assembly.<ref name="papers.ssrn.com">{{Cite journal |last=Künkler |first=Mirjam |date=2009-05-13 |title=The Special Court of the Clergy (Dādgāh-Ye Vizheh-Ye Ruhāniyat) and the Repression of Dissident Clergy in Iran |url=https://papers.ssrn.com/abstract=1505542 |language=en |location=Rochester, NY|doi=10.2139/ssrn.1505542 |ssrn=1505542 |url-access=subscription }}</ref><ref name=iran-human-rights-1997>{{cite web|url=http://www.iran.org/humanrights/AM037.htm|title=Action memorandum 037 – The Foundation for Democracy in Iran|date=4 December 1997}}</ref> ===Other rules=== The assembly gathers every six months. Activities of the assembly include compiling a list of those eligible to become Supreme Leader in the event of the current Supreme Leader's death, resignation, or dismissal. This is done by the 107/109 commission.<ref name="ashnaee_08">{{Cite web|url=http://www.khobregan.ir/persian/ashnaee/08.htm|archiveurl=https://web.archive.org/web/20071007215219/http://www.khobregan.ir/persian/ashnaee/08.htm|url-status=dead|title=Discussion and assembly website|archivedate=7 October 2007}}</ref> Monitoring the current leader to make sure he continues to meet all the criteria listed in the constitution is done by the 111 commission.<ref name="ashnaee_08" /> Members of the Assembly report to this commission about the issues concerning the current Supreme Leader, and the commission can then order an emergency meeting of the Assembly. If the commission denies this, the members can ask the entire plenary of the Assembly (86 members) for a vote, and if most of the members vote in favor, an emergency meeting will be scheduled to discuss the current Supreme Leader. The meetings, meeting notes, and reports of the Assembly are confidential and not made available to anyone outside the assembly, except for the sitting Supreme Leader.<ref name="ashnaee_08" /> The assembly has passed laws to require all its members be experts in [[fiqh]] (Islamic jurisprudence),<ref>[http://www.khobregan.ir/persian/ashnaee/09.htm] {{webarchive|url=https://web.archive.org/web/20070928204955/http://www.khobregan.ir/persian/ashnaee/09.htm|date=28 September 2007}}</ref> authorizing the Guardian Council to vet candidates for [[ijtihad]] proficiency using written and oral examinations. This law was challenged by the [[2nd of Khordad Movement|reformists]], and their [[2006 Iranian Assembly of Experts election|2006 election]] campaign included changing this law to allow non-clerics into the assembly, and reforming the law that allows [[Guardian Council]] to vet candidates.<ref>{{cite web |url=http://www.aftabnews.ir/vdciryat1yazw.html |title=آفتاب – شورای مشورتی اصلاح طلبان برای شوراها |work=Aftab News |access-date=1 June 2012 |url-status=dead |archive-url=https://web.archive.org/web/20120205160307/http://www.aftabnews.ir/vdciryat1yazw.html |archive-date=5 February 2012}}</ref><ref>[http://www.baztab.com/news/49011.php موسوی لاری و تشريح برنامه های مجمع روحانيون در خبرگان<!-- Bot generated title -->] {{webarchive |url=https://web.archive.org/web/20090220150940/http://www.baztab.com/news/49011.php |date=20 February 2009}}</ref> Women ([[Ijtihad#Qualifications of a Shi'a mujtahid|Mujtahidehs]]) are theoretically eligible to run for the Assembly of Experts and in 1998 nine women submitted their candidacy. The Guardian Council rejected them, arguing that they lacked qualifications in fiqh. Currently, the average age of the members of the Assembly is over 60, which results in many mid-term elections due to deaths and resignations. The members must be [[Ayatollah]]s, that is not the case, however, for [[Mohsen Esmaeili]].<ref name="mehdi2012" />
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