Public Law Studies Quarterly

Practical Breach of Obligations under the Iranian System: The Case of Delayed Military Service

Document Type : Article

Authors

Mohamadhasan Bagherikhoozani 1
Mohamadamin Abrishamirad 2
Amin Allah Zamani 3

1 PHD in Public law from Islamic Azad University of Najaf Abad, Iran

2 Assistant prof., Department of Public law, Semnan university, Semnan, Iran

3 Assistant prof., Department of Criminal Law and Criminology, University of Judicial Sciences and Administrative Services,Tehran, Iran

https://doi.org/10.22059/jplsq.2024.370462.3458
Abstract
Article 62 of the Constitution of the Islamic Republic of Iran delegates the determination of eligibility criteria for candidates of the Islamic Consultative Assembly (Parliament) to a parliamentary act. In this context, the Act on Parliamentary Elections stipulates that one of the conditions for candidacy is practical adherence to the sacred system of the Islamic Republic of Iran. Additionally, the law requires male candidates to possess a “military service completion card,” or a “permanent exemption. card” This paper, using a descriptive-analytical approach, seeks to answer the question: What is the status of eligibility for those who failed to perform mandatory military service on time but later obtained the option to purchase the period of necessity, in terms of practical adherence to the sacred system of the Islamic Republic of Iran? The findings indicate that although the legislator considers having a military service completion card or a permanent exemption certificate sufficient for male candidates, if the failure to perform mandatory service on time was intentional, deliberate, and without legitimate excuse, the candidate is deemed lacking practical adherence to the sacred system of the Islamic Republic of Iran. Consequently, the executive boards of the Ministry of Interior and the Guardian Council’s supervisory bodies must prevent such individuals from participating in parliamentary elections.

Keywords

practical commitment to the system
service of the public duty system
permanent legal immunity
elections of the Islamic Council
eligibility of candidates for the representation of the council
Subjects

  1. References In Persian:

    1. A) Books
    2. Dehkhoda, A. (1998). 16-volume dictionary. second edition. Tehran. Tehran University Press (In Persian).
    3. Fatahi Zafarqandi, A. (2017). Guardian Council; election monitoring. Tehran: Guardian Council Research Institute Publications (In Persian).
    4. Hosseini Tehrani, S. M. H. (2000). Wilayat Faqih in Islamic Government. Vol. 3, Mashhad: Allameh Tabatabai Publications, Ch 2 (In Persian).

     

    1. B) Articles
    2. Bagheri Khozani, M. H., Atrian, F., & Gholamhossein, M. (2023). analyzing the indicators of guaranteeing transparency in presidential elections; A study of aspects related to electoral candidates, Public Law Knowledge Quarterly, (41), 127-150 (In Persian).
    3. Dari Noghurani, H. (2008). Economic Analysis Theory of General Duty System. Defense Policy Journal, (34), 9-35 (In Persian).
    4. Ghamami, S. M. M., & Majdi, A. (2012). Access to governing positions in Islamic government, limitations and requirements; A case study of the Islamic Republic of Iran. Journal of Islamic Government, (4), 63-92 (In Persian).
    5. Imani, A., & Ghasemi, A. A. (2016). Politicization of military service and the nation-building process in Iran. Strategic Policy Research Quarterly, 5(18) (In Persian).
    6. Navid Nia, M. (2012). Income on Social Security. Strategic Studies Quarterly, (19), 55-78 (In Persian).
    7. Taghizah, J. (2016). Specific Conditions of Eligibility in Political Elections. Constitutional Law Magazine, 6-7, 57-80 (In Persian).
    8. Tahannazeef, H., & Qalichpour, S. (2021). The Pathology of Determining the Conditions of Parliament Candidates in the Light of the Constitution and General Election Policies. Public Law Quarterly, 10(31), 19-42 (In Persian).

     

    1. C) reports, Documents, rules and regulations
    2. General election policies announced on 7/24/1395 by the Supreme Leader (In Persian).
    3. Islamic Council Elections Law approved 03/03/1395 (In Persian).
    4. Islamic Council Elections Law approved 09/07/1378 (In Persian).
    5. Islamic Council Elections Law approved 12/9/1362 (In Persian).
    6. Islamic Council Elections Law with amendments and additions up to 1/5/1402 (In Persian).
    7. Islamic Council Research Center, (2012). "Expert report on principles governing public duty service plan", serial number 6793 (In Persian).
    8. Jalili Kamjo, Seyed Parvez and Seyed Hamid Jalili Kamjo, (2012). Evaluation of social economic aspects of military service, No. 2865, Dunyai Ekhtaz newspaper (In Persian).
    9. Kermani, Mohsen (2021). "Social evaluation of public service purchase policy", number 18132, Research Center of the Islamic Council (In Persian).
    10. National Assembly election law approved on 17/11/1358 by the Revolutionary Council (In Persian).
    11. National Assembly Election Law approved on 7/29/1290 (In Persian).
    12. Nodeh Farahani, Ismail and Mohammad Niazi, (2014). "Social-Cultural Pathology of Conscription Service in Iran", Islamic Research Center Report, No. 13708 (In Persian).
    13. Public Service Law approved 6/29/1363 (In Persian).
    14. The budget law of the year 2014 of the whole country (In Persian).
    15. The Constitution of the Islamic Republic of Iran approved in 1358 (In Persian).
    16. The law amending articles of the public service law approved on 22/08/2013 by the Islamic Council (In Persian).
    17. The Law on Facilitating Youth Marriage approved on 27/9/1384 by the Islamic Council (In Persian).
    18. Turabi, Youssef (2004). report "Future military models in the Islamic Republic of Iran", number 13122, Research Center of the Islamic Council (In Persian).
    19. Yousefnejad, Ebrahim and Mandana Tishehyar, (2012). "Collection of expert reports on public service plan", Research Center of the Islamic Council, No. 6795 (In Persian).
Public Law Studies Quarterly
Volume 55, Issue 4 - Serial Number 44
Winter 2026
Winter 2026
Pages 2517-2535

  • Receive Date 01 January 2024
  • Revise Date 06 May 2024
  • Accept Date 06 May 2024

Home

Journal Process Ethics

Peer Review Process

Submission

Indexing and Abstracting

Contact Us