International Society of communication and Development among universities www.europeansp.org East European Business Law, ISSN: 0961-3676 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.