이란헌법에 나타난 이슬람적 언표 고찰

Abstract

This paper aims to study on Islamic elements of Iranian constitution through Islamic expressions. Unlike other countries’ constitutions, Iranian constitution has 18 pages in its preamble, focusing on major concepts based on the Islamic spirit. Iran’s constitution cannot escape the huge category of Islam as the basis for the existence of a nation or society is based on Islam, with almost of articles referring to Islam. Also, 124 out of 157 articles in the constitution mention Islam in order to comply with Islamic values, but the political system is a combination of Velayate Faqih and democracy. Islamic expressions in Iranian constitution are largely classified into the concepts related to Allāh, Imām, Islām and Islamic law. By affirming that “Iran is an Islamic Republic,” the mechanism of operating the principles of the nation is focused on Islam, not merely on declarations. Above all, the term “Islam” is used 168 times as a noun or adjective in name and reality, and it is expressed in many articles that Iran is an Islamic Republic based on Islam. The activities of Islamic Consultative Assembly should not be out of Islam, and laws passed by the Islamic Council are also subject to a majority decision by the Guardian Council based on Islamic standards. Iran is divided into three powers, but ultimately, its supreme leader has enormous power and each of them is independent under his control(Mohammadi, 2012: 104). The supreme leader even has the authority to dismiss the president if he violates the national interests or his constitutional obligations(article 110). The recent tightening of sanctions on Iran has raised public discontent over the Islamic theocracy. It is impossible to say whether this Islamic theocracy will continue or what some changes will occur in the future.