Religious Minorities
Religious Minorities, followers of other Divine religions in the Islamic Republic of Iran.
Religious minority means a follower of a religion or faith different from the faith of the general public of a society. In Islamic fiqh, religious minorities are referred to as "Ahl al-Dhimma" or "Dhimmi". Religious minorities in society have rights that have been considered both from the perspective of Islam and from the perspective of international law.
In Iran, based on jurisprudential teachings and legal texts, only the religious minorities mentioned in Articles 13 and 64 of the Constitution of the Islamic Republic (Zoroastrians, Jews, and Christians) are recognized.
Imam Khomeini considered Islam the protector of the rights of religious minorities and believed this group is under the protection of the Islamic government and the rulings of Islam, just like Muslims, apply to them and their blood and property are respected; provided, of course, that they accept the laws of the Islamic society. Alongside the social rulings of religious minorities, as a jurist, he has detailed the rulings and issues related to the People of the Book.
Conceptology
Religious or sectarian minority refers to a small group of people of a country or a city who are followers of a religion or faith different from the faith of the general public of that same city or country,[1] since the vast majority of the people of Iran are followers of Islam and Muslims, the followers of other divine religions in Iran are considered religious minorities. From a practical perspective, this term is typically used as opposed to sectarian minorities, which refers to minorities of other Islamic denominations. Imam Khomeini also, in using the term minority, accepted it only in the sense of religious minorities as opposed to Muslims, and rejected its use for tribes and groups like Kurds, Balochs, and others, considering it a cause of separation of Muslim brothers from each other.[2] (See also: Ethnicity)
In Islamic fiqh, religious minorities are referred to as "Ahl al-Dhimma" or "Dhimmi".[3] Dhimma in Persian means covenant, treaty, guarantee, sponsorship, safety, and refuge[4] and Ahl al-Dhimma are those of the People of the Book who, through a treaty they have made with the Islamic ruler, are permitted to live freely and according to their religious law under the protection of the Islamic government, and enjoy mutual rights and duties towards the government.[5]
Background
In the Holy Quran, the Torah and the Gospel are mentioned as divine books[6] and the names of two religious groups, Sabeans and Magians (Zoroastrians), also appear alongside Jews and Christians,[7] but it is not explicitly stated that they are People of the Book,[8] nevertheless, according to some narrations of the Ahl al-Bayt (a),[9] Zoroastrians are adjoined to the People of the Book and the rulings of the People of the Book are executed regarding them,[10] (See also: People of the Book (1)) but there are various viewpoints regarding Sabeans: some consider them believers in one of the Divine religions[11] and some hold that the religion and faith of Sabeans is a compound of Zoroastrian, Jewish, and Harranian[12] also they are introduced in a narration as idolaters and star-worshippers.[13]
These too, like other minorities, are a part of our nation, and we and they live together in this country, God willing; and the welfare of all will be achieved.
Ṣaḥīfa-yi Imam, vol. 6, p. 192.
Jurists[14] including Imam Khomeini[15] believe that the dhimma contract is only made with the People of the Book (Zoroastrians, Jews, and Christians) and is not concluded with others among the polytheists and false sects.
In International law as well, the rights of minorities have been considered; such that in the 1992 United Nations Minorities Rights document and other global documents, non-discrimination against minorities has been discussed[16] Despite this, in some countries, such as Saudi Arabia, with the violation of the religious and legal rights of the Shi'a,[17] the violation of the rights of minorities throughout the contemporary history of Afghanistan,[18] the confrontation of the Kurdish minority and the government of Turkey in recent decades,[19] the genocide of Muslims in Myanmar[20] and the violation of some of the rights of Muslims, in Europe[21] the rights of minorities have been violated.
In Iran, based on the jurisprudential teachings of Islam and legal texts, only the religious minorities mentioned in Articles 13 and 64 of the Constitution of the Islamic Republic are recognized. Thus, according to Article 13 of the Constitution, "Zoroastrians", "Jews" who are known in Iran as Kalimians, and "Christians" are considered the official religious minorities of the country.[22]
Imam Khomeini, as a jurist and religious scholar, has raised the rulings and issues related to the People of the Book. Alongside a detailed explanation of the jurisprudential rulings of Ahl al-Dhimma[23] he has also pointed to the theological discussion of the issue and has spoken of the possibility of otherworldly salvation and non-punishment of non-culpable individuals of the People of the Book.[24] He cared about the rights of the country's religious minorities and, before the victory of the Islamic Revolution, had promised the observance of their respect and rights and the good behavior of the Islamic government towards them,[25] just as after the establishment of the Islamic system, he constantly emphasized the preservation of their rights, welfare and comfort, securing their interests and acting justly with them as Iranian citizens.[26]
Religious minorities, considering the positions and viewpoints of Imam Khomeini and with a positive view of the revolution process, joined the great masses of the revolutionary people[27] and after the victory of the revolution, the elders of the religious minorities, including the representatives of the Zoroastrian Association, the representatives of the Armenian Caliphate and the members of the Jewish community of Iran, went to meet him to confirm and accept the Leadership of Imam Khomeini,[28] also with the start of the Imposed War and during the years of the Sacred Defense, religious minorities showed their solidarity with the nation and the revolution in various ways, such as issuing statements[29] and being present on the war fronts, and offered numerous martyrs and self-sacrificing individuals to Iran and the Revolution.[30]
Rights and Duties of Religious Minorities
Religious minorities who have been among Muslims since the beginning of Islam, after the conquest of Islam, these are different from those polytheists who were conspirators or some strata who conspired and wanted to disrupt the state of mankind, these who were of the religious minorities, were all respected in Islam.
Ṣaḥīfa-yi Imam, vol. 7, p. 289.
Religious minorities, as Imam Khomeini has pointed out, according to the dhimma contract, are under the protection of the Islamic government and the rulings of Islam, just like Muslims, apply to them and their blood and property are respected.[31] The teachings of Islam explicitly emphasize the necessity of protecting the rights of minorities, such as the right to freedom of belief, the right to express an opinion, the right to security and protection of life, property and honor, the right to enjoy Social justice, financial and economic rights, and personal and civil rights. This matter has been repeatedly considered and emphasized in the Verses of the Quran[32] and the behavior and speech of the Infallibles (a).[33][34]
Religious minorities also have responsibilities and commitments in return for the mentioned rights; including that they must adhere to the provisions of the treaty with Muslims, respect the laws of Islam, and pay the financial dues (Jizya) of the society in which they live[35] However, the situation of minority rights and how to behave with them in a religious government and revolutionary system was one of the most important issues and questions that reporters repeatedly asked Imam Khomeini on the eve of and after the victory of the revolution.[36] By emphasizing that such questions and doubts stem from the propaganda of the Pahlavi regime and foreign media against Islam and the Islamic government and are meant to disrupt the course of the revolution,[37] he pointed out that the Pahlavi regime's behavior with religious minorities was no better than its behavior with Muslims and they too were under oppression and tyranny, and their rights and freedom, like other Iranians, were trampled upon and they too are opposed to this regime.[38] He emphasized that in the Islamic system, religious minorities, like other Iranians, will be respected[39] and in welfare and comfort[40] and they will be treated with justice, fairness and law[41] and all their legitimate rights will be secured[42] as he noted that after the formation of the Islamic government, those Iranian Jews who have gone to Israel will be invited to return to Iran,[43] he also pointed out regarding Zoroastrian compatriots that no harm comes from them to the country and the Islamic society and many of them are noble humans.[44]
According to Imam Khomeini, the laws of Islam regarding religious minorities, compared to other religions and schools of thought, are pioneering and leading[45] and always protect the legitimate rights of minorities,[46] and he emphasized observing respect for them in the Islamic society,[47] and securing their rights by the Islamic government[48] In his view, since minorities are under the protection of Islam and Muslims, no aggression should be made against them.[49] In this regard and as an instance of observing the rights of minorities in the Islamic government, he repeatedly referred to the incident of taking an anklet off a Jewish woman's leg during the government of Imam 'Ali (a), and his intense defensive reaction.[50]
Imam Khomeini made no separation or distinction between Muslim Iranians and Iranian religious minorities in enjoying fundamental and basic rights[51] and regarding the freedom of minorities, he believed that Islam, more than any religion and creed, has given freedom to religious minorities[52] and has considered them free in expressing their opinions and performing their religious and social rites and ceremonies[53] and the Islamic state is also obliged to guard their rights and freedom,[54] of course, Imam Khomeini considered their freedom conditional upon it not leading to conspiracy and sabotage, not violating the rulings of Islam and the constitution, and not being harmful to the state of the nation and the country.[55]
Imam Khomeini also considered the political rights of religious minorities; hence, in the decree communicated to the prime minister of the interim government, for compiling and ratifying the constitution, he explicitly stated that representatives of religious minorities must also be present in the Assembly of Experts for the Constitution.[56] He repeatedly emphasized the right of minorities to elect a representative for the Islamic Consultative Assembly.[57] He called on religious minorities to be present in social scenes and maintain unity under the banner of Tawhid and unity of word,[58] and in his testament as well, he advised them to learn from the era of the Pahlavi regime and elect representatives committed to their own religion, the Islamic Republic system, independent of foreign powers and without inclination towards atheistic, deviant, and eclectic schools of thought.[59]
Position and Rights in the Constitution
Certainly there is a place for religious minorities in the Islamic government. And they currently also have representatives and enter the parliament. We also recognize this right for them in the Islamic government.
Ṣaḥīfa-yi Imam, vol. 5, p. 141.
The Constitution of the Islamic Republic of Iran, which was compiled based on the guidelines of Imam Khomeini and approved by him, has explicitly emphasized the rights of religious minorities, including recognizing the existence and identity of religious minorities and non-discrimination and equality in enjoying fundamental rights and freedoms.
Articles 12 and 13 of the Constitution have considered the official religion of the country to be Islam and the Twelver Shi'a denomination; and according to Article 14 of the Constitution, the government of the Islamic Republic and Muslims are obliged to treat non-Muslims based on good morals and Islamic equity and justice and respect their human rights.
Among the most important recognized rights of minorities in the Constitution is the equality of their rights with other Iranians, which has come in the third chapter of the Constitution—which is dedicated to the "Rights of the Nation". Most articles of the Constitution, such as Articles 19 and 20, are accompanied by phrases such as the people of Iran, all members of the nation, and every Iranian individual, which shows that fundamental rights and freedoms are considered for all citizens and Iranian nationals, regardless of ethnic, racial, linguistic, and religious affiliations.
According to Article 13 of the Constitution, religious minorities are free to adhere to their Religious beliefs and perform their religious rites, rituals, and ceremonies within the limits of the law; just as regarding personal status, such as marriage, divorce, inheritance, will, and religious teachings, they can act according to their own creed and, according to Article 26 of the Constitution, they enjoy social and political rights, such as the right to form parties, societies, and associations. On the other hand, considering some articles of the Constitution like Article 3 which emphasizes public participation, the administration of the country's affairs relying on public votes in Article 6, and the equality of the members of the nation in Articles 19 and 20, it becomes clear that minorities also enjoy the right to political participation to elect the country's officials, like other people of Iran. The Constitution has recognized the right of minorities to elect a representative for the Islamic Consultative Assembly, and in Article 164 of the Constitution as well, one representative each for Zoroastrians and Kalimians, a total of one representative for Assyrian and Chaldean Christians, and one representative each for Armenian Christians of the North and South have been considered, and based on Article 67 of the Constitution, out of respect for their Divine book, the right to swear upon it in the swearing-in ceremony has been considered for the representatives of minorities.
Notes
- ↑ Dihkhudā, Lughat-nāma-yi Dihkhudā, 2/2679.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 11/290.
- ↑ Al-Ṭūsī, al-Mabsūṭ fī fiqh al-Imāmiyya, 2/42; Al-'Allāma al-Ḥillī, Tadhkirat al-fuqahā', 9/275; Al-Najafī, Jawāhir al-kalām fī sharḥ sharā'i' al-Islām, 21/227.
- ↑ Dihkhudā, Lughat-nāma-yi Dihkhudā, 7/10129.
- ↑ Sharī'atī, Ḥuqūq wa waẓāyif-i ghayr-i musalmānān dar jāmi'a-yi Islāmī, 30.
- ↑ Al 'Imran, 65; al-Ma'ida, 68.
- ↑ Al-Baqara, 62; al-Ma'ida, 69; al-Hajj, 17.
- ↑ Ṭabāṭabā'ī, al-Mīzān fī tafsīr al-Qur'ān, 3/306-308.
- ↑ Al-Ḥurr al-'Āmilī, Tafṣīl wasā'il al-Shī'a ilā taḥṣīl masā'il al-sharī'a, 15/126.
- ↑ Al-Ṭūsī, al-Nihāya fī mujarrad al-fiqh wa l-fatāwā, 193; Al-Najafī, Jawāhir al-kalām fī sharḥ sharā'i' al-Islām, 21/228; Yazdī, Sharḥ wa tabyīn-i qānūn-i asāsī-yi Jumhūrī-yi Islāmī-yi Īrān, 173; Sharī'atī, Ḥuqūq wa waẓāyif-i ghayr-i musalmānān dar jāmi'a-yi Islāmī, 32-33.
- ↑ Makārim Shīrāzī, Tafsīr-i nimūna, 1/341-342.
- ↑ Ṭabāṭabā'ī, al-Mīzān fī tafsīr al-Qur'ān, 1/196.
- ↑ Ṭabāṭabā'ī, al-Mīzān fī tafsīr al-Qur'ān, 1/194.
- ↑ Al-Ṭūsī, al-Nihāya fī mujarrad al-fiqh wa l-fatāwā, 194; Al-Ṭūsī, al-Mabsūṭ fī fiqh al-Imāmiyya, 2/36; Al-Najafī, Jawāhir al-kalām fī sharḥ sharā'i' al-Islām, 21/227.
- ↑ Imam Khomeini, Taḥrīr al-wasīla, 2/472.
- ↑ Manāqibī, Aqalliyyat-hā wa naqḍ-i ḥuqūq-i bashar dar Afghānistān, 91.
- ↑ Fuller and Francke, Shī'iyān-i 'Arabistān-i Su'ūdī, 129.
- ↑ Manāqibī, Aqalliyyat-hā wa naqḍ-i ḥuqūq-i bashar dar Afghānistān, 92-112.
- ↑ Jamālī and Khānī, Ittiḥādiyya-yi Urūpā, Turkiyya wa taḥawwul dar ḥuqūq-i farhangī-yi Kurd-hā-yi Turkiyya 1991-2002, 9.
- ↑ Zarni, Nāsyūnālīsm-i Būdāyī dar Miyānmār: Nasl-kushī wa nizhād-parastī-yi nihādīna 'alayh-i musalmānān-i Rūhīngyā, 125-126.
- ↑ Mīr Muḥammadī, 'Adam-i mamnū'iyyat-i ḥijāb-i Islāmī az manẓar-i ḥuqūq-i bayn al-milal-i aqalliyyat-hā, 50-51.
- ↑ General Department of Affairs, Ṣūrat-i mashrūḥ-i mudhākarāt-i majlis-i barrisī-yi nihāyī-yi qānūn-i asāsī-yi Jumhūrī-yi Islāmī-yi Īrān, 1/493-495; Yazdī, Sharḥ wa tabyīn-i qānūn-i asāsī-yi Jumhūrī-yi Islāmī-yi Īrān, 173.
- ↑ Imam Khomeini, Taḥrīr al-wasīla, 2/472-482; Imam Khomeini, Istiftā'āt, 3/127-128.
- ↑ Imam Khomeini, al-Makāsib al-muḥarrama, 1/199-200.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 4/359, 363 & 5/186, 261.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 6/192; 11/290 & 13/103.
- ↑ Būdāghiyāns, Gul-i Maryam: Barrisī-yi naqsh-i Arāmina-yi Īrān dar hasht sāl difā'-i muqaddas, 201-202.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 6/192, 258 & 7/287.
- ↑ Jumhūrī-yi Islāmī, Newspaper, 3.
- ↑ Manṣūr-Nizhād, Barrisī-yi rīsha-hā-yi hamgirāyī-yi bayn-i ahl-i kitāb bā sāyir-i Īrāniyān dar difā'-i muqaddas, 93-105.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 18/304.
- ↑ Al-Tawba, 4-6; al-Mumtahana, 8.
- ↑ Nahj al-balāgha, letter 53, 453-456; Nūrī, Mustadrak al-wasā'il wa mustanbiṭ al-masā'il, 11/168.
- ↑ 'Amīd Zanjānī, Imam 'Ali (a), wa ḥuqūq-i aqalliyyat-hā, 50-68.
- ↑ Al-'Allāma al-Ḥillī, Tadhkirat al-fuqahā', 9/317; Al-Najafī, Jawāhir al-kalām fī sharḥ sharā'i' al-Islām, 21/265; Imam Khomeini, Taḥrīr al-wasīla, 2/476.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 4/3, 337, 441, 508 & 5/141, 519-520.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 3/457; 4/425 & 5/186, 260-261, 432.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 4/3, 425, 5/185, 401 & 6/258.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 4/425; 5/313 & 17/100.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 5/261; 11/282 & 12/364.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 5/401; 6/192 & 14/290.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 4/244; 5/292 & 6/133.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 5/261.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 10/145.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 4/242.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 4/363-364 & 5/188, 540.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 4/430; 5/186; 6/83, 177 & 12/364.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 5/188; 7/150 & 14/290.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 5/251 & 7/291.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 4/426; 6/258; 12/39 & 17/100.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 7/289; 11/290 & 13/103.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 4/363.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 4/410-411; 5/292, 401, 520 & 6/434.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 4/441, 508 & 5/424.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 5/520, 261 & 299.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 7/482.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 5/141, 292, 432 & 6/434.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 6/192; 14/284 & 17/98.
- ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, 21/421.
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External links
- Ḥusayn Aḥmadī-Manish, "Religious Minorities", Encyclopedia of Imam Khomeini, vol. 2, pp. 169-173.