United States Institute of Peace

The Iran Primer

Rouhani College Thesis: Islam Flexible

      As a graduate student in Scotland, President-elect Hassan Rouhani wrote about two deeply debated issues: the flexibility of Islamic law and the separation of powers in an Islamic democracy. His work in the mid-1990s echoes many of the reformist ideas at the time.
     
Glasgow Caledonian University released abstracts from his master’s and doctoral degrees shortly after his election in response to new public interest. Rouhani attended the Scottish university under his birth-name Hassan Feridon. Rouhani, which means “spiritual,” was added after he became a cleric. The following are abstracts with links.  

“The Flexibility of Shariah (Islamic Law) with reference to the Iranian Experience”
Doctoral Thesis Abstract July 1998
 
            This thesis verifies that no laws in Islam are immutable. Immutability is only applicable to the faith, values and ultimate goals in Shariah. Those laws which look immutable even in ritual part of the religion are not actually immutable and are subject to change under special circumstances. Islamic laws have been developed out of certain conditions and necessities of the time and space. This flexibility must known as the essential feature of the Islamic law. The framework for this flexibility and change has been predicted and verified in the main sources of Sharia i.e. the Quran, the Sunnah, Ijma, Qiyas, Aql and urf.
            The primary source of the Islamic law (the Quran) is, in itself, flexible on the basis of the analysis that the Quranic legislation leaves from for flexibility in the evaluation of its injunctions. The Quran is not specific on the precise value of its injunctions, and it leaves open the possibility that a command in the Quran may sometimes imply an obligation, a recommendation or a mere permissibility. Commands and prohibitions in the Quran are expressed in a variety of forms which are often open to interpretation.
“The Islamic Legislative Power with Reference to the Iranian Experience”
Master’s of Philosophy November 1995
 
            Islam comprises a systematic and coherent legislative power. The Quran and the Sunna (Sharia) together establish the Primary sources of law in Islam. The Secondary sources lend themselves to debates and arguments among Islamic scholars. The most important secondary sources are ijma, qiyas, aql, and itjtihad.
            Allah (the creator) is recognized as the supreme lawgiver in Islam. The holy Prophet, as the messenger and the Leader of the Islamic community, ranks the second main lawgiver who communicated the revelation to the Muslims and regulated the affairs of the Islamic society. The Sharia, created by Allah and conveyed by the Prophet, is immutable and eternal. Where there is no explicit law (Mantaqah-al-Feraq) in Sharia, legislation has been permissible and necessary. For this purpose and in order to meet the ever-changing requirements of society, the example set by the Prophet in the use of consultation led to the eventual recognition of two other lawgivers recognized as the foqaha and the Consultative Assembly (Majlis-al-Shura).
            As will be discussed, the method of consultation, its continuation and extension as demonstrated and exemplified by the Prophet, has been the prerequisite for today’s Islamic society and era, and has led to the establishment of the Consultative Assembly ((Majlis-al-Shura). Foqaha are to reach and discern an understanding of the Sharia. Whereas Majlis-al-Shura deals with the more complicated daily problems and needs of society and such policy-making issues requiring the special skills of experts, not specified in the Sharia. It will be determined how such legislative authorities provide the Islamic legislative system with a dynamic capability.
            Islamic system approves of the principle of the separation of powers and recommends the implementation of this principle as a guarantee for the realization of democracy. The opposition of Islam to any centralization of power leading to despotism and tyranny will be a matter for discussion.
            It will be subsequently discussed that the Islamic Republic of Iran can be taken as a prototype of an Islamic legislative system. Iran’s Islamic Consultative Assembly (the Majlis) is the central body for formulating and passing laws, and as it will be argued, the nature of law-making in Iran is not in contrast with that of the West. The only difference is that in the West the principles of the Constitution are solely observed, whereas in Iran, the Islamic principles have an equal place in addition to compliance with the Constitution. To serve this dual role, two further institutions – namely the Council of Guardians and the Expediency Council – have been established to supplement the functions of the Islamic Consultative Assembly.

Rouhani: Tweets picture at US field hospital

            President-elect Hassan Rouhani has tweeted a picture of himself next to an American woman at a U.S. field hospital set up to treat survivors of the 2003 earthquake near the southeastern city of Bam. Rouhani’s English-language account posted it one day after he reached out to the United States during his first press conference. Both countries need to heal the “very old wound” and “find solutions to past issues,” said Rouhani.

Rouhani and the Economy: The Pitfalls

            The Institute of International Finance has warned that president-elect Hassan Rouhani faces tough economic hurdles that will not be solved easily or quickly. Its new report says that rolling back sanctions is far off. The following are key points from the report issued on June 20.

• The recent election of Hassan Rouhani signals the possibility of a softened stance in Iran’s external relations
• We estimate the economy to have contracted by 3.5% and the 12-month CPI (consumer price index) inflation rate to have surged to above 60% in FY2012/13, ending March
•State institutions have been politicized and the data they have been producing has often been tainted
• The sharp rial depreciation has fed into higher CPI inflation, which according to our estimates exceeded 60% in May 2013
• Continuation of the sanctions combined with average oil prices at $108 per barrel could drain official reserves to below $50 billion by end-2014 (but still adequate)
• Iran’s fiscal breakeven price of oil has risen from $107 per barrel in 2010 to around $144 per barrel in 2012 due to the sanctions
• As long as oil prices remain above $100 per barrel, the current sanctions will continue to provide Iran with large foreign exchange receipts and therefore limit the impact of the sanctions on the Iranian economy
• Sanctions, combined with lower oil prices, would pose serious challenges to the authorities in managing the economy and, possibly, in maintaining internal political stability
 

Rouhani: First Presser on US, Reforms, Nukes

      On June 17, president-elect Hassan Rouhani called for new ways “to build trust” with the international community on Iran’s controversial nuclear program. Rouhani, in his first press conference, said both the United States and Iran need to find a way to heal "a very old wound.” He spoke expansively on domestic issues and foreign policy, promising to follow the “path of moderation and justice, not extremism.” The following are excerpts with a link to the broadcast dubbed in English.

 
 
The United States and Foreign Policy
            “Relations between Iran and the United States are a complicated and difficult issue. It's nothing easy. This is a very old wound that is there, and we need to think about how to heal this injury. We don't want to see more tension. Wisdom tells us both countries need to think more about the future and try to sit down and find solutions to past issues and rectify things… [Talks] should be based on mutual respect and interests, and should be [held] on equal footing…
            “The Americans must expressly state that they will never interfere in Iran’s domestic affairs. Secondly, all rights of the nation need to be recognized by the Americans… Unilateral bullying policies need to be scrapped… [If these conditions are met] the ground will be paved for settlement… But everyone should realize that the future government will definitely defend the rights of the Iranian people. We will never dispense with that. We are prepared to see tensions alleviated. If we see goodwill we can also take some confidence building measures…”
            “We have to enhance mutual trust between Iran and other countries... There is a fresh opportunity for interaction on the global level.”
 
Syria and Regional Issues
            “My government’s priority in foreign policy is to have friendly, close relations with all neighbors. We will have very close relations with our 15 neighboring countries… based on mutual respect and interests.”  
            “The final decision-maker about the fate of Syria is the Syrian nation… We are opposed to foreign intervention [in Syria]. We hope peace and tranquility will return to Syria through the co-operation with countries of the region and world.”
            “The Persian Gulf region and the Arab countries are strategically important both in terms of politics and economics. The Gulf states are our neighbors and brothers, but Saudi Arabia in addition to being our brother and neighbor hosts the Muslim kiblah [referring to Islam’s holiest site, the Kaaba] and we have highly close cultural, historical and regional ties with each other
 
Nuclear Program
            “Our program is transparent, but we can take more steps to make it clear to the world that our nuclear program is within international regulations… The solution for moving forward on the nuclear issue is thus transparency and mutual respect.”
            “Basically, negotiations with P5+1 [the United States, Britain, China, France, Germany and Russia] will hopefully be more dynamic. We believe that that the nuclear issue will be solved only through talks, not sanctions and threats. We need dialog and mutual confidence. We will use past experiences. The basic rights of Iranians will be considered and government will work to gradually remove these brutal sanctions.
            “We are in a new and special situation now. There are many more confidence building measures that we can take. In 2005 we came to a final agreement as to how to win international trust… Enrichment will continue… We have many ways of building confidence other than suspending enrichment.”
            “The Iranian nation has not done anything wrong to deserve these sanctions… If sanctions have any benefits, it will only benefit Israel. It has no benefits for others.”
“Making use of the lever of sanctions, this is not the right time for that. ... Even in the West, they are facing economic problems and dilemmas, and they themselves know the sanctions are to the detriment of the West.”
 
Economy 
            “The basic solution [for high inflation] is to activate production, increase production and funnel investments in the right direction, direct liquidity to production units. We have sufficient investment, but these need to be led in the right direction. The banks and financial institutions need to be able to provide the right sort of capital, so there needs to be reforms in banks, they need incentives. Production is not just industry and agriculture but also tourism which can also generate jobs.”
            “On increasing this minimum wage and helping remove the problems [of the poor]… wages need to be increased in proportion with the inflation rate. This problem needs to be tackled, and the government will try to put the law into effect.”
 
Domestic Politics and Social Policy
            The future government will include “moderates, principlists and reformists. There will be no restrictions. I don't like the word coalition, it will go beyond factions and be based on meritocracy.”
            “This will be a government of hope. All legal and rightful demands of all groups and factions will be considered. It is my duty to implement the basic law.”
            “Any kind of syndicate or guild needs to be activated based on law… The running of social affairs needs to be assigned to the guilds and syndicates themselves.”
 

 

Obama on Rouhani Victory

      On June 17, President Barack Obama said that the United States is open to engaging with Iran through bilateral channels. But Tehran must recognize that sanctions will not be lifted absent “significant steps” show that Iran is not developing nuclear weapons, he stipulated. On Iran’s election, Obama acknowledged that President-elect Hassan Rouhani has indicated interest in better relations, but he also noted that the supreme leader is likely to make the ultimate decisions. The following is an excerpt from Obama’s PBS interview with Charlie Rose.

CHARLIE ROSE:  Seventy-five percent of the people voted. The moderate won. What does this say and what are the opportunities there? 
 
BARACK OBAMA:  Well, I think it says that the Iranian people want to move in a different direction and, you know, if you contrast this with the violence and suppression that happened in the last presidential election, obviously you have a much more positive atmosphere this time.
 
The Iranian people rebuffed the hard liners and the clerics in the election who were counseling no compromise on anything, anytime, anywhere. 
 
Clearly you have a hunger within Iran to engage with the international community in a more positive way.  Now Mr. Rouhani, who won the election, I think indicated his interests in shifting how Iran approaches many of these international questions. 
 
But I think we understand that under their system the Supreme Leader will be making a lot of decisions.  And so we’re going to have to continue to see how this develops and how this evolves over the next several weeks, months, years.  I do think that there’s a possibility that they decide -- the Iranians decide -- to take us up on our offer to engage in a more serious, substantive way. 
 
And you know, our bottom lines have been show the international community that you’re abiding by international treaties and obligations, that you’re not developing a nuclear weapon.  Based on that there are a whole range of measures that can be taken to try to normalize the relationship between Iran and the world but we don’t know yet if they’re going to be willing to take up that offer.  They have not been during my entire first term when we
showed ourselves open to these discussions. 
 
CHARLIE ROSE:  You’re prepared to have someone in your administration talk to them immediately or does it have to be conditioned on other things as you’ve suggested? 
 
BARACK OBAMA:  No, I think that my general view is we are open to discussions both through the P5-plus-1 and through potential bilateral channels and we recognize that you’re not going to solve problems all up front as a precondition for talks but there has to be a serious recognition that the sanctions we put in place, for example, the most powerful sanctions, economic sanctions that have ever been applied against Iran, that those will not be lifted in the absence of significant steps in showing the international community that Iran is not pursuing a nuclear weapon. 
 
And as long as there’s an understanding about the basis of the conversation, then I think there’s no reason why we shouldn’t proceed. 
 
Photo Credit: NASA/Bill Ingalls

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