In the Name of God, the Compassionate, the Merciful
Now that by the grace of the Almighty God and endorsement of the Master of the Age- may Allah expedite his advent- with the blessings and auspiciousness, the Council is to begin its job of reviewing the draft of the constitution, it is appropriate that I should remind of certain things the noble nation, the distinguished `ulama' and the rest of the honorable representatives.
1. It is not concealed from anyone that the motive behind the Islamic Revolution of Iran and the secret of its victory was Islam; and our nation, throughout the country, from the capital or the remotest towns and villages and settlements, by sacrificing their blood and the cry of" Allahu akbar" demanded the establishment of an Islamic republic; and in the unprecedented and amazing referendum, almost unanimously voted for an Islamic republic; and the Muslim and non-Muslim governments recognized the regime and the government of Iran as an" Islamic Republic".
2. With regard to the above circumstances, the constitution and the rest of the laws in this republic must be based one-hundred percent on Islam. And even if a single article contravenes the tenets of Islam, it is violation of the republic and the almost unanimous majority of the nation. on this basis, every vote or proposal that is presented by one or more representatives to the Council that is in contravention of Islam, is rejected and is contrary to the path of the nation and the Islamic Republic. In principle, the representatives have been elected on this basis and legal empowerment is limited to the bounds of the Islamic Republic; and presentation of viewpoints and looking into proposals that are opposed to Islam or are opposed to the republican system is beyond the limits of their legal empowerment.
3. The judgment on the conformity or otherwise to the tenets of Islam is solely in the authority of the esteemed jurists, which by the grace of God, a group of them are present in the council. And because this is a specialist job, the intervention of the other respected legal experts in this theological subject and passing judgment on religious canons from the Book and the Sunnah is interference in the specialization of others, without having the necessary qualifications and authority. However, among the representatives, there are learned and qualified individuals that are specialized in the legal, administrative and political fields and are experts; and their expertise shall be used in the same aspects of the laws; and in case of differences of opinion of the specialists, the opinion of the majority of the specialists is valid.
4. I emphatically recommend that if some of the legal experts in the Council are inclined toward the schools of the West or the East, or are influenced by deviant ideologies, they should not allow their inclinations to interfere in the constitution of the Islamic Republic and segregate their deviant course from this law; because the good and happiness of our nation lies in keeping away from such doctrines that have even been discarded in their own environment and are on the way to decline and decadence.
From the statements and writings of some of the factions it appears that individuals who are not qualified to pass judgment on the Islamic teachings and tenets, have under the influence of deviant schools, interpreted the verses of the Holy Qur'an and the texts of the hadiths in a manner that suits their own purpose and adapt them with those doctrines without taking into consideration that the documents of Islamic jurisprudence are based on fundamentals that require prolonged discussion and debates; and with ridiculous and superficial reasoning and without consideration of the clear proof and comprehensive investigation one cannot pass judgment on the deep-rooted and profound Islamic laws. I expect that the environment of the Council of Experts should be removed from such methodology.
5. If the `ulama' of Islam present in the Council find that an article of the draft of the constitution, or the given proposals are against Islam, it is necessary that they announce it categorically and not be afraid of the uproar created by newspapers and Westernized writers for these regard themselves as losers and shall not refrain from criticisms and controversies.
6. The respected representatives of the Council of Experts must utilize all their expertise so that the constitution is concise and includes the following features:
a. Protection and safeguarding the rights and interests of all strata of the nation free from iniquitous discriminations;
b. Forecasting the needs and interest of the future generations in the manner that is in keeping with the sacred laws and eternal teachings of Islam;
c. Straightforwardness and clarity of the definitions of the law in a manner that they cannot be open to misinterpretation and misrepresentation in fulfillment of the cravings of dictators and egotists of history; and
d. They merit being considered as role models and guides for other Islamic movements that are inspired by the Islamic Revolution of Iran for planning of an Islamic society.
In conclusion, I pray to God, the Exalted, for the success and approval of all; and I hope that with the blessed efforts of the gentlemen, a truly Islamic and progressive constitution is approved. May God's peace, mercy and blessings be upon you.
Rouhullah al-Mousawi al-Khomeini
Mordad 29,1358 AHS