Monday, Dec. 17, 1979

Khomeinism

Merging church and state

"Our nation, in the process of its revolutionary development, cleansed itself of the filth of despotism and shed off an alien culture and mode of thought." So says the remarkable 175-article constitution that the Iranians approved last week by a claimed margin of more than 99%. Instead of any alien mode of thought, the new constitution gives all power to a Faqih, or supreme religious figure--that is, Khomeini. This Faqih is supposed to be "respected by the majority of the people as their undisputed leader," but there is no provision for his being elected. While filling this lifetime post, the Faqih "will assume all the duties and responsibilites of the country." He is the supreme commander, approves the choice of President and appoints all judges. He also names the twelve-member "guardian council" of six clerics expert in Islamic law and six Islamic lay lawyers, which has veto power over all legislation. Warns the constitution: "The clergy will safeguard against any deviations by various government organizations from their true Islamic functions and obligations."

The charter makes bows to such Western-style rights as freedom of the press and political parties. It also endorses equal rights ("There is no distinction on grounds of race, color, language or creed. Men and women have equality before the law"). Yet in each case there is a variation of an important proviso: these freedoms will operate only if "Islamic principles of the Republic are not flouted." As one Tehran resident acerbically put it, "The new charter creates the world's only 20th century theocratic nation."

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