In His Most Exalted Name
To the Supreme Leader, Imam Khomeini, may the blessings of his noble presence endure,
Under the aegis of your Eminence's views, the problems that were noticeable in the process of legislation and administering the Islamic society were theoretically resolved and, as expected, these instructions have earned the consensus of the concerned authorities. The remaining issue is the method of exercising the right of the Islamic ruler in the cases of administrative laws. At the present moment, bills are deliberated initially in the concerned ministries and commissions of the government and then in the cabinet. After their approval in the Majlis, there are usually two sessions of deliberation in specialized commissions, which are undertaken with the presence of government experts and usually after their announcement and posting in the commissions. Usually, one bill is deliberated in many commissions depending on its subject matter. There are also two deliberations in the open sessions, in which all the Majlis deputies and concerned ministers or deputy ministers participate, expressing their pertinent expert opinions and suggestions. If the work starts as a proposal, notwithstanding the absence of government expertise, concerned experts and specialists express their views in the commissions and open session as in the case of bills. After the final approval, the Guardian Council also expresses its view within the framework of the religious laws or the Constitution. In some cases, its opinion is concordant with that of the Majlis while in some others, it is not. In this manner, the Majlis and the Guardian Council cannot arrive at an agreement. It is here that the need for the interference of the Jurist-Guardian and for identifying the subject of administrative law comes in. Although there are many cases along this line, the disagreement actually arises from the views of the experts that conceive the subject of Islamic laws or generality of the Constitution. We have been informed that you are on the threshold of setting a reference authority, which in case of the Majlis and the Guardian Council's failure to resolve the disagreement between themselves, would express an administrative law based on the sacred religious law, the Constitution or expediency of the system and society. In case Your Eminence has already made a decision in this regard, urgent action is ideal in view of the fact that there are now numerous cases of the important issues of society that have remained undecided.
`Abdul-Karim Mousawi
Sayyid `Ali Khamene'i
Ahmad Khomeini
Mir Husayn Mousawi
Akbar Hashimi Rafsanjani
In the Name of God, the Compassionate, the Merciful
Although in my opinion, after undergoing this process under the supervision of the experts who are authorities on these affairs, there is no need for this phase, but as a precautionary measure, in case no agreement based on the religious and legal laws is obtained between the Islamic Consultative Assembly and the Guardian Council, an assembly has to be composed of the honorable jurists of the Guardian Council; Hujjat al-Islams Khamene'i, Hashimi, Ardebili, Tawassuli, «1» Mousawi Khou'iniha; Honorable Mr. Mir Husayn Mousawi and the concerned minister shall be formed to identify what is expedient for the Islamic system. In case of necessity, other experts shall also be invited. After the necessary deliberations, the vote of majority of the attendants in this assembly shall be upheld. Ahmad «2» shall participate in this assembly so as to report to me more promptly the minutes of the meeting.
The honorable gentlemen must be aware that the expediency of the system is among the important affairs negligence of which will sometimes lead to the defeat of the dear Islam. Today, the Muslim world regards the Islamic Republic of Iran system as the all-dimensional showcase of solving the predicaments. Expediency of the system and people is among the important affairs opposing which will possibly put into question the Islam of the barefooted on earth in the distant and near future and pave the way for the triumph of the American Islam of the arrogant tyrants with the backing of millions of dollars through their external and internal agents. I pray to God Almighty to assist the gentlemen at this sensitive stage.
Rouhullah al-Mousawi al-Khomeini
Bahman 17,1366 AHS