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A constitutional referendum was held in Iran on 2 and 3 December 1979. The new Islamic constitution was approved by 99.5% of voters. The referendum was held by the
Council of the Islamic Revolution The Council of the Islamic Revolution ( fa, شورای انقلاب اسلامی, Šūrā-ye enqelāb-e eslāmī) was a group formed by Ayatollah Ruhollah Khomeini to manage the Iranian Revolution on 10 January 1979, shortly before he returne ...
, because Bazargan's Interim Government—which oversaw the previous referendum—had resigned in protest to the U.S. Embassy hostage crisis. A day before the referendum, when the mourning of ''
Ashura Ashura (, , ) is a day of commemoration in Islam. It occurs annually on the 10th of Muharram, the first month of the Islamic calendar. Among Shia Muslims, Ashura is observed through large demonstrations of high-scale mourning as it marks the ...
'' was practiced, Ayatollah Ruhollah Khomeini said those who will not vote tomorrow, will help Americans and desecrate '' Shohada'' (Martyrs). Alongside
Islamic Republican Party The Islamic Republican Party (IRP; fa, حزب جمهوری اسلامی, Ḥezb-e Jomhūrī-e Eslāmī, also translated Islamic Republic Party) formed in 1979 to assist the Iranian Revolution and Ayatollah Khomeini establish theocracy in Iran. ...
, the communist
Tudeh Party of Iran The Tudeh Party of Iran ( fa-at, حزب تودۀ ایران, Ḥezb-e Tūde-ye Īrān, lit=Party of the Masses of Iran) is an Iranian communist party. Formed in 1941, with Soleiman Mirza Eskandari as its head, it had considerable influence in i ...
urged people to vote yes, expressing its support for " Imam's line"; while
Freedom Movement of Iran The Freedom Movement of Iran (FMI) or Liberation Movement of Iran (LMI; fa, نهضت آزادی ايران, Nahżat-e āzādi-e Irān) is an Iranian pro- democracy political organization founded in 1961, by members describing themselves as "Musli ...
requested a yes vote on the grounds that the alternative was an
anarchy Anarchy is a society without a government. It may also refer to a society or group of people that entirely rejects a set hierarchy. ''Anarchy'' was first used in English in 1539, meaning "an absence of government". Pierre-Joseph Proudhon adopted ...
. Others, including leftists, secular nationalists and Islamist followers of
Mohammad Kazem Shariatmadari Sayyid Mohammad Kazem Shariatmadari ( fa, محمد کاظم شریعتمداری), also spelled Shariat-Madari (5 January 1906 – 3 April 1986), was an Iranian Grand Ayatollah. He favoured the traditional Shiite practice of keeping clerics away ...
called for a boycott. The turnout among Sunni minorities in
Kurdistan Kurdistan ( ku, کوردستان ,Kurdistan ; lit. "land of the Kurds") or Greater Kurdistan is a roughly defined geo-cultural territory in Western Asia wherein the Kurds form a prominent majority population and the Kurdish culture, languages ...
and Sistan and Baluchestan Provinces, as well as Shariatmadari's home
Azerbaijan Azerbaijan (, ; az, Azərbaycan ), officially the Republic of Azerbaijan, , also sometimes officially called the Azerbaijan Republic is a transcontinental country located at the boundary of Eastern Europe and Western Asia. It is a part of t ...
was low and number of votes fell down in comparison to the referandum held in January. Historian
Ervand Abrahamian Ervand Abrahamian; hy, Երուանդ Աբրահամեան (born 1940) is an Iranian-American historian of the Middle East. He is Distinguished Professor of History at Baruch College and the Graduate Center of the City University of New York an ...
estimates that nearly 17% of the people did not support the constitution.


Background

The supplement to the constitution (fundamental law) adopted in 1907. Some instances of European fundamental law were contradictions with Shia doctrine but they were accommodated. At that time there were no attempts at developing the Islamic fundamental laws. In 1979, the Pahlavi dynasty was ousted and an Islamic republic was established on end of the March by holding the Iranian Islamic Republic referendum. The first day of April 1979 was entitled as the first day of a "Government of God", with the 2,500 year Persian Empire in Iran was ended by Ayatollah Khomeini. He stated the necessary next step was in ratifying the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princi ...
. On 12 January 1979, the
Assembly of Experts The Assembly of Experts ( fa, مجلس خبرگان رهبری, majles-e khobregân-e rahbari), also translated as the Assembly of Experts of the Leadership or as the Council of Experts, is the deliberative body empowered to appoint the Supreme ...
election was held and Ayatollah Khomeini asked Iranians to select their representatives. On 3 and 4 August 1979 the Assembly of Experts as a
Constituent assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
commenced activities with 72 representatives from all over of Iran, and Ayatollah Akbar Hashemi Rafsanjani read the message of Ayatollah Khomeini for them that the "Constitution and other laws in this Republic must be based one hundred per cent on Islam." The convocations of the Assembly of Experts lasted until 15 November 1979, and finally the new Islamic constitution was approved by at least two-thirds of the representatives. In June 1979, Ayatollah Khomeini approved the draft by applying minor changes and he stated that the draft must to be submitted to a referendum.


New constitution

The proposed new constitution would make Iran an
Islamic republic The term Islamic republic has been used in different ways. Some Muslim religious leaders have used it as the name for a theoretical form of Islamic theocratic government enforcing sharia, or laws compatible with sharia. The term has also been u ...
, introduce direct elections for the presidency, create a unicameral parliament, and require any constitutional changes to go to a referendum.Iran, 3 December 1979: Constitution
Direct Democracy
The new constitution was codified according to Shia Islam. Therefore there was an appendix in which verses of Quran and traditions were cited in support of many articles. Among the applied changes were a chapter on leadership replacing a chapter on monarchy. Two chapters about foreign policy and mass media was added. Some articles from the previous constitution were preserved, such as equality before the law (Articles 19-20); guarantees of security of life, property, honor, and domicile (Articles 22, 39); freedom of opinion and choice of profession (Articles 23, 28); the rights to due process (Articles 32-36) and to privacy of communications (Article 25); and the requirement for public deliberations of the Majlis under normal circumstances (Article 69), as well as parliamentary procedure and definition of the rights and responsibilities of the ministers of the Majlis (Articles. 70, 74, 88-90).


Party policies


Results


References

{{DEFAULTSORT:1979 12 Iranian constitutional referendum Aftermath of the Iranian Revolution Iran Referendums in Iran December constitutional referendum Constitutional referendums Iranian constitutional referendum 1970s in Iran