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Minority Rights in Islam, the Islamic Republic of Iran and the West Roshanak Hoshyargar Samira Arghand Abstract It is evident that the rights of all persons, regardless of their minority status, also persons belonging to minorities included as individuals in a society. Minority rights is one of the most important issues of the international community and human rights issues of concern to our world. Today, in United Nations and its specialized agencies, much effort is done to provide a precise definition and recognition of rights for minorities, but the results have not been impressive. In Islam, the rights of minorities, especially religious minorities is considered. They profit by various rights including political, social, civil and etc. rights that the sum of these rights causes their human dignity be considered and their minority identity being forever. What is certain is that the Holy Prophet was implemented the respect for minority rights in his practice and behavior as far as he concluded pact with some of these minorities under the title “conscience pact”. It should be noted that national sovereignty, territorial integrity, political independence as well as national unity and national security are fundamental and inalienable rights of every government and in fact, are survival of the government and has direct and close relationships with its life, therefore, in command of Hazrat Ali (AS) says the Malek: people that you govern them, make acquainted them with pure facts of Islamic and put them on your end perfection of traverse, because every rightful persons can abuse of their rights and according to the position that Islam give them, violate the rights of others, causing disruption of public order and provide social moral corruption. According to the words of Imam Ali, we should be used carefully consideration in legislation for the rights of minorities that do not undermine the faith of the community and Islamic state. Downloaded from eebl.europeansp.org at 12:09 +0330 on Thursday October 7th 2021 Key words: Minority rights, Prophet government, Religious minorities, Constitution of the Islamic Republic of Iran, International law, Human rights

© 2016 The Authors. Published by European Science publishing Ltd. Selection and peer-review under responsibility of the Organizing Committee of European Science publishing Ltd. 2 Roshanak Hoshyargar,Samira Arghand/ East European Business Law, ISSN: 0961-3676 (2017) 101–109

Introduction Based on the orders of Imam Ali peace be upon him, if a government wants to be, there must be a governor and without a doubt, a society cannot do without law. Following this statement, without society, there is no rights and without rights there is no society. Therefore, for identifying any society, we must refer to the laws and lawyers of that society. The Constitution of countries are as two forms, codified and non-codified. But, Iran that has codified constitution and was written on the basis of Islamic teachings, what groups knows as minority and in their support what laws have been legislated and the jurisdiction and minority participation in community issues to what extent knows as necessary? To answer these question, you first need to provide a precise definition of minorities that exist in Islam and in the Constitution of Islamic Republic of Iran and then they be examined. Then answer to this question that in today's society in countries such as France and other Western countries, which have proposed a new definition of minorities and offer rights to them as of human rights and in most cases is contrary to Islamic teachings, what should we do? Islam that identified framework for us, shows what position and what is our response against their words which say have democracy? Really, they want to protect the minorities or have anti-Islamic objectives and influence in the Muslim community in the name of law and human rights? The concept of minorities in Islam and in the constitution of the Islamic Republic of Iran The minority is a word that almost never invoked alone and always has suffix; such as Ethnic, religious, linguistic and etc. Each of minorities has special definitions and functions. In the literal sense, the minority word meaning as “low”, “less” and in group terms they are from a country or a city that in terms of religion and ethnicity are distinct from the majority. And in the legal literature, minority refers to the community of citizens that by having special characteristics distinct from majority group. In the Islam, the criterion for distinction of minority from the majority expressed as faith and blasphemyi.

Downloaded from eebl.europeansp.org at 12:09 +0330 on Thursday October 7th 2021 According to this view only recognized minority in Iran are merely religious minorities. Article 13 of the constitution that the most important principle to identify minority suggest that: “Iranian Zoroastrians, Jews, and Christians are the only recognized religious minorities that in the extent of law are free to practice their religious ceremony and in personal property and religious education act according to their faith. In the drafting of Article 13 of the constitution, the following verse was used: ان الذین آمنوا والذین هادو والصائبین والنصاری والمجوس والذین اشرکوا ان هللا یفصل بینهم یوم القیامه Those who have faith in God (Muslims) and Jews, Sabians and the Christians and the Magians God Roshanak Hoshyargar,Samira Arghand / East European Business Law, ISSN: 0961-3676 (2017) 101–109 3

throws away between him and those who are polytheists doomsday. Sheikh Hour Amoli in wasaelo shieh Meanwhile narrating the nine exemplum, as those who must pay the ransom, introduce the men of the Book that including Jews, Christians and magiansii. In the definition of minorities we can noted to the exercise that provided by the rights authors which according that, the minority means”A group of citizens of a country that in terms of national, racial, linguistic, religious different from other groups of people, in terms of number are lower and do not have the power of governmentiii. Minority rights in the Islamic regime As stated the mean of religious minorities are Zoroastrian, Jewish and Christian religious followers that at the time of the Holly Prophet lived in the Islamic area and they were told conscience people. Imam Sajjad (AS) said about the conscience people: It is the right of conscience people that you accept what God accepted them, as long as they are faithful to the covenant with God Almighty and don’t bother them. The legislation of decrees related to religious minorities were done on the basis of certain principles, whether general and pervasive principles, whether principles that are directly related to minorities. Here, two very important principles are referred: 1- The principle of human dignity: in the Qur'an (Surah al-Osra, verse 70) there is emphasis on human veneration. In the practice of holly prophet veneration to all people was evident and even narrated that the Prophet stood up to honor the funeral of a Jewiv. Imam Ali In his letter to Malik Ashtar also asked “serve to all the people because they are or your religious brothers or in the creation like you. Of the most important minority rights, is the right to security of life and property. The Holly Prophet states that: من آدنی ذ ّمیا فأنا خصمه ّ Everyone annoys a person, I am his enemy. Imam Ali (AS) was averse to a person who gives safe to somebody and said that he doesn’t sheds his

Downloaded from eebl.europeansp.org at 12:09 +0330 on Thursday October 7th 2021 blood and then break his covenant, although the place of victim is firev. Of the minority rights is their property rights on their possessions. If Muslims destroy or damage them, in the believes of most canonists is bailsman. The base of this right for minorities is imperative rule whereby all legal actions that according to their religion considered appropriate, in the Islam religion deemed to be correct. Of the other their freedom is implementing their ceremonies and religious worship. Also in accordance with the conscience contract, they can have temple (synagogue, church and Zoroastrian temples) in regions that have captured with peace treaty or repair or rebuild them. They have also the right to write their own scriptures, the Torah, the Bible and other books. Albeit, this right is not absolute and hence there are 4 Roshanak Hoshyargar,Samira Arghand/ East European Business Law, ISSN: 0961-3676 (2017) 101–109

restrictions in that. We mentioned to them: 1-not to speak ill of Islam, 2- no charge to the Prophet and the infallible leaders of the Islamic community, 3- Not distorted the words of God. The right of security and safety: One of minority rights is their security. Thus, any attack on them is prohibited. However, these right have limits which Imam Khomeini in composing restrictions have considered it: 1- Not committing anything against the security of the Islamic State, 2- do not present or display abnegating in islamic countries, 3- accept implementing the provisions of Muslims, 4- do not have Espionage, harboring spies, stealing and adultery and do not bother Muslimsvi. The minorities right to have social security in Islamic texts is forecasted and based on governmental way of Imam Ali (AS) has been reported, he ordered that the cost of living of old Christian man, which did not have the ability to work be provided from public fundsvii. Special rights of minorities in the constitution of the Islamic Republic of Iran Considering many of the principles of the constitution, we can be said that rights and fundamental freedoms for all citizens and Iranian nationals are considered and they are equal in having of these rights without regarding to ethnic, racial, linguistic and even religious dependences. By studying of 3, 14, 19, 22, 23, 28, 29, 30, 31, 32, 34 and 41 principles of the Islamic republic constitution we can be acknowledged that in this constitution a series of fundamental rights including equality before the law, protection of life and property, jobs, housing, freedom of conscience, choice of occupation, to have fair trial process, citizenship, participation in the government of the country and so on are recognized for all people and citizens of the country regardless of any kind of affiliation. Some of these are mentioned below: 1- freedom in implementing religious ceremonies Article 13 of the constitution, meanwhile determine the minorities’ existence and religious identity are allowed them to be free in implementing their religious rites and in practice they have different churches, synagogues and temples around the country.

Downloaded from eebl.europeansp.org at 12:09 +0330 on Thursday October 7th 2021 2- formation of association Also by virtue of Article 26 of the constitution, religious minorities can have their association and the aim of forming such an association is to solve problems, inspect the specific religious, cultural, social and welfare problems of that minority. 3- Having a representative in Islamic Council of Parliament to achieve greater presence of religious minorities in society and contribute to their fate the constitution offers that they can have representatives in parliament and select a representative of their coreligionists and send to the parliament. Roshanak Hoshyargar,Samira Arghand / East European Business Law, ISSN: 0961-3676 (2017) 101–109 5

The concept and minority rights in the West and in international laws For the first time in 1648, the term minority was stated in Westphalia peace treaties in the context of religion. Also in the Berlin Treaty in 1878, a special legal status were granted to some religious groups that later was used in the framework of the League of Nations as a template for the rights of minority system. In contemporary era a change toward minorities was begun. In 1935 the Council of the League of Nations in the Greek litigation against Albani in the case of Albania's Greek minority schools request for the issuance verdict from Permanent Court of International Justice. The Court in its advisory opinion, recognized three categories of minority, linguistic, religious and racial minorities but never attempt to define and to provide criteria for classification of minorities. Unlike the Covenant of League of Nations, United Nations Charter did not pay special attention to the issue of minorities. In 1992, the statement rights of persons belonging to national, religious or ethnic minorities was passed, which only Turkey gave it negative vote. The change to the Sub-Commission on Promotion and Protection of Human Rights was the first action of the United Nations Human Rights Commission in 1999. In Europe, several documents has adopted for the protection of minorities and because their supervision system are purely political, they seem weak. On December 27, 1949 on the definition and classification of minorities: In practice, we cannot be satisfied by providing literary concept for definition of the term minority. In this case, in fact, you should almost called all the communities that live within the country as minority, including families, social groups, cultural groups, people who speak the local languages and other similar groups. In fact, the term minorities are often used in more narrow sense. Now it is common to use this term mainly for certain social categories that distinct from a superior group which living in the country. Although from a scientific standpoint, it is difficult to provide really accurate definition for the term of “minority”, but in the area of political science, to the communities have been referred that have some of the specific

Downloaded from eebl.europeansp.org at 12:09 +0330 on Thursday October 7th 2021 characteristic (ethnic, linguistic, cultural, religious, etc.)viii. Francesco Kapotorny in 1971, described the term minority as below: “A group that quantitatively less than the rest of population in a country in a state of non-sovereign, whose members - citizens of the state - in terms of ethnic, religious or linguistic have characteristics that are different from the rest of the population (and especially and implicitly have solidarity sense which with that culture protect from their traditions, religion and languageix). In the second paragraph of Article 2 of the 1992 Declaration explicitly guaranteed the rights of persons belonging to minorities to participate fully in the cultural, religious, social, economic and public activities 6 Roshanak Hoshyargar,Samira Arghand/ East European Business Law, ISSN: 0961-3676 (2017) 101–109

in a country where they living on. In paragraph 5 of Article 2 of the Declaration, persons belonging to minorities have the right to establish and maintain communication freely and peacefully with members of other group and with persons belonging to other minorities as well as overseas communications with citizens of other states that are connected with growth and national and ethnic lineage with religious or linguistic affiliation without any discrimination. In the first paragraph of Article 3 of the 1992 Declaration in different writing, minority rights is stated as: “Persons belonging to minorities (…) have the right to enjoy their own culture, have their own religion and teaching it and used their own private language…” In paragraph 1 of Article 1 of the Declaration in 1992 the first rights for minorities that have been granted is the right to benefit from government support, which is to protect their existence and identity. The second rights that are granted to them is sharing minorities in the decisions that related to them or the areas where they live on and other rights donated to minorities, which is partly related to the above mentioned rights, is the right to form and manage their own associations. Conclusion From the beginning, Islam have been recognized the religions of the men of book as a religious minority within the Muslim territory and ordered Islamic nations to respect and protect their rights- The behavior of the Holy Prophet with both ethnic and religious minorities, are proud for every human being particularly Muslims and as we have seen, he frequently emphasized on the human race equality and the rights of religious minorities. Islamic Republic of Iran by following the teachings of Islam and the Prophet practice, while recognizing the identity and existence of religious minorities, left free them to practice religious ceremonies and act in accordance with their own faith in personal property and religious teachings. In the days before the League of Nations, international law had recognizes only religious minorities. In

Downloaded from eebl.europeansp.org at 12:09 +0330 on Thursday October 7th 2021 1935, the Permanent Court of International Justice recognized ethnic and religious minorities for the first time. Then, in paragraph 3 of Article 1 of the UN Charter only with implicit, general and recommended defense, supported from minorities. A very important issue was Article 18 of the Universal Declaration that has spoken about the right of thought freedom and freedom of religion, albeit, the right of freedom to change religion because of contrary to the sacred religion of Islam, has no places in the Islamic Republic of Iran. Because the differences between the Islamic Human Rights and international human rights were more apparent in the cases such as recognized the right to commit suicide or the permissibility of abortion in the West and Roshanak Hoshyargar,Samira Arghand / East European Business Law, ISSN: 0961-3676 (2017) 101–109 7

rejected these subjects in Islam. Therefore, we must to apply the exact definitions and guidelines that Islam offered us about minority rights and become aware about the goals of the West to enact anti-Islam laws such as accept Satanism sects as a minority and giving rights to them and state obviously disagree with such laws and do not allow their progress with exploiting human right ways to stand opposed with Islam and our country laws and day-to-day being factor to their further interference. References 1) The Holy Quran 2) Nahjole Blagheh 3) Constitution of the Islamic Republic of Iran 4) United Nations Charter 5) Covenant on Civil and Political Rights 6) The Universal Declaration of Human Rights 7) Elhami, Davoud, mutual services of Islam and Iran, Qom, publisher of Islam School, First Edition. 8) Tabresi, Ali ibne Fazle ebne Hasan, Majma 'al-Bayan interperation, published scientific Islamic scool, Vol. 2. 9) Amole, Sheikh Horr, Wasaelo Alshieh, Beirut, the house of revival of Arab heritage, vol. 11. 10) Aqlani, Ibn Hajar, Fath Al-Bari, The correct description of al-Bukhari, Bolagh 300 - 1301, print out Afsn 11) Ghazi, Abu Yusuf, Ketab Alkharaj, Qomi publisher, Moheb al-Khatib, Cairo, 1397, AH. 12) Khatib al-Baghdadi, Ahmed bin Ali, The History of Baghdad, Beirut: The house of scientific books. 13) Rabii, Mustafa, Islamic jurisprudence and proofs, Damascus. 14) Mohaghegh Helly, Jafar ibne Hassanm, Islam laws in lawful and unlawful issues, Sadegh

Downloaded from eebl.europeansp.org at 12:09 +0330 on Thursday October 7th 2021 Shirazi publisher, Tehran. 15) Mousavi Bojnourdi, Hassan, jurisprudential-rule, printing Mahdi Mehrizi and Mohammed Hussein Derayati publisher, Qom 16) Montazeri, Hosien Ali, Lessons from the jurisprudence of the Supreme Leader of the Islamic State, Qom, Volume 2, 1408, Volume 3, 1411. 17) Mophid, Muhammad ibn Muhammad, Disguised, Qom, 1410. 18) Saghafi, Ibrahim ibn Muhammad, Aggharat, Jalal aldin Mohades Armadi, Tehran, 1354. 8 Roshanak Hoshyargar,Samira Arghand/ East European Business Law, ISSN: 0961-3676 (2017) 101–109

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i Azizullah, Fahim (2004). the comparative discussion about inheritance of religious minorities and the Iranian Civil Code". Faculty of Law and Political Science, Summer, number 64. ii Sheikh Hurr, Amoli, Wasael o alshieh iii Hussein, Meherpur, human rights and its guidelines, (1997), Tehran, Etelaat publishing. iv Allameh Majlesi, (Mohammed taghi Majlessi), Bohar ahanvar, Vol 78, page:273 v Hor Amoli, Mohammed ben Hassan, Detailing the wasaelol shareih to acquired the matters of Sharia, Ghome vi Roheallah Khomeini, Tahrir alvasileh, Vol,2, page 501. vii Mohammed ibn Hasan, Hurr Ameli, Wasael to study in detail the issues Sharia, Qom viii United nations, doc E/CN 4/Sub. 2/85. P9-10 in O.N.U. et al protection des minorities ix United Nations, doc E/CN 4 / Sub. 384/ Rev. I.P. 102 Downloaded from eebl.europeansp.org at 12:09 +0330 on Thursday October 7th 2021