Religious Minorities’ Rights in the Iranian Constitution of 1906 and the Constitution of the Islamic Republic of Iran

2020 ◽  
Vol 21 (2) ◽  
pp. 298-325
Author(s):  
Alireza Najafinejad ◽  
Masoumeh Rad Goudarzi
Keyword(s):  
Human Rights ◽  
Major Part ◽  
Minority Rights ◽  
Fundamental Rights ◽  
Iranian Population ◽  
Islamic Republic ◽  
Religious Minorities ◽  
Islamic Republic Of Iran ◽  
Constitutional Revolution ◽  
Made In

Abstract Although Christian, Jewish, and Zoroastrian minorities form less than two per cent of the Iranian population, the recognition of their official rights and the institutionalised legal discrimination against them has been a matter of a long conflict between minority rights activists and Muslim jurists since the Constitutional Revolution in 1905. The major part of this controversy relates to the assumed status of non-Muslims in traditional Shi’a jurisprudence. The present study examines and assesses the recognised status and rights of religious minorities in the two constitutions of 1906 and 1979 and their development. Although, due to the formation of new recitations in Shi’a jurisprudence, some changes have been made in identifying the fundamental rights of religious minorities, the domination of the general spirit of the rulings in Shi’a jurisprudence in the formulation of both constitutions means there is still a long way to go before recognising equal human rights for all.

scholarly journals PRINSIP ISLAM DALAM MELINDUNGI HAK MINORITAS

2021 ◽  
Vol 14 (2) ◽  
pp. 227-242
Author(s):  
Linda Novianti
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
Religious Communities ◽  
Religious Minorities ◽  
Normative Approach ◽  
Sense Of Security ◽  
The Creation

This study aims to encourage the creation of a sense of security and peace for religious minorities in carrying out their obligations as religious communities. This study shows that minority rights are one of the most difficult problems faced by Muslims in today's context. In fact, minority rights have been regulated in the Al-Quran and were directly practiced by the Prophet Muhammad when leading Medina and confirmed in the form of the constitution of Medina. This study uses a qualitative normative approach. The results of this study conclude that Islam as a religion that teaches its people that plurality and plurality are sunatullah which need not be questioned as long as they do not contradict the principles of faith and human rights. Then Islam observes that the protection of minority rights is the prevention of economic, social, cultural, political and legal discrimination with the aim of equalizing positions without imposing boundaries based on differences from one another.

Reflections and Legal Analysis of the Relationship between “Religious Government and Human Rights” from the Perspective of Grand Ayatullāh Muntazirī

2011 ◽  
Vol 51 (3-4) ◽  
pp. 382-408
Author(s):  
Reza Hajatpour
Keyword(s):  
Human Rights ◽  
Traditional Method ◽  
Political Authority ◽  
Fundamental Rights ◽  
Social Conditions ◽  
Legal Analysis ◽  
Islamic Republic ◽  
Personal Experiences ◽  
The Relationship ◽  
Liberal Concept

AbstractThis article discusses the book "Religious Government and Human Rights" (Hukūmat-i dīn-i wa huqūq-i insān) by the Shiite Grand Ayatullāh Husayn 'Alī Muntazirī (1922-2009). In this work, he explicitly tackles central issues of religious government and discusses its incongruity with human rights. He advocates the recognition of human rights along general lines, and positions himself firmly against absolutist Islamic rule, thereby undermining the concept of religious authority currently prevalent in the Islamic Republic. Muntazirī justifies these moves by applying the traditional method of jurisprudence (usūl al-fiqh), calls for re-arranging the system of how sections of the law are structured and even for the possibility of adding entirely new articles. Iğtihād for him is the renewal of jurisprudence in accordance with the Zeitgeist, with changing social conditions and with scientific discoveries. Jurisprudence, in contrast to revelation, is the work of man and can therefore be questioned and adapted in the light of the principles of reason ('aql). Muntazirī calls for a fresh review of jurisprudence based on the liberal human rights of our time. He also stresses the permanent and universal character of these natural and fundamental rights, which apply in all situations and under all conditions despite cultural and religious differences. For Muntazirī, these fundamental rights are deduced from the very essence of man's existence (insāniyat-i insān), which constitutes their only legitimate source. The roots for Muntazirī's oppositional and critical stance towards the Islamic Republic and its despotic system of rule lie first and foremost in his negative personal experiences with the system. Gradually, these gave way to a critical and more liberal concept of religion and political authority in his thought.

scholarly journals Salt content of processed foods in the Islamic Republic of Iran, and compliance with salt standards

2021 ◽  
pp. 687-692
Author(s):  
Fatemeh Zendeboodi ◽  
Sara Sohrabvandi ◽  
Elham Khanniri ◽  
Parang Nikmaram ◽  
Rozita Fanood ◽  
...  
Keyword(s):  
Salt Content ◽  
National Standards ◽  
National Standard ◽  
Islamic Republic ◽  
Industrial Products ◽  
Tomato Paste ◽  
Islamic Republic Of Iran ◽  
Tehran Province ◽  
The Mean ◽  
Made In

Background: The World Health Organization recommends a maximum daily salt intake of 5 g for adults; the Islamic Republic of Iran has national standards for salt content of foods. Aims: This study aimed to determine the salt content of industrial (made in large-scale food companies) and non-industrial (made in local stores using traditional methods) foods in Tehran province and compare it with the Iranian national standards. Methods: We determined the salt content of 555 industrial and non-industrial products from parts of Tehran province in 2016 and 2018. The types of foods examined were: canned vegetables, industrial and non-industrial pickled vegetables, industrial and non-industrial tomato paste/tomato sauce, industrial and non-industrial nuts, and non-industrial barberry juice. The salt content of each product and its compliance with Iranian national standards was evaluated. Results: The salt content of industrial tomato paste/sauce in 2016 (2.05 g/100 g) and non-industrial tomato paste/sauce in 2018 (2.37 g/100 g) was higher than the Iranian standard (1.5/2.0 g/100 g). The mean salt content of both industrial (1.97 g/100 g) and non-industrial (2.16 g/100 g) nuts was higher than the Iranian standard (1.88 g/100 g), as was the mean salt content of non-industrial juice (0.79 g/100 mL versus 0.25 g/100 mL). In 2018, only 48% and 40% of industrial and nonindustrial tomato pastes/sauces met the Iranian standard. Overall, industrial products conformed better with the national standard than non-industrial products. Conclusions: Efforts are needed to reduce the salt content of processed food in the Islamic Republic of Iran and ensure they meet the Iranian standards.

scholarly journals Book Review: Author: Al Khanif; Title: Religious Minorities, Islam, and The Law: International Human Rights and Islamic Law in Indonesia; Publisher: Routledge, 2021

2021 ◽  
Vol 5 (1) ◽  
pp. 94
Author(s):  
Abubakar Eby Hara
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Minority Rights ◽  
Review Author ◽  
International Human Rights ◽  
Religious Minority ◽  
Religious Minorities ◽  
International Human ◽  
Minority View ◽  
Secular State

This book examines religious minority rights in Islam in Indonesia from the international and local human rights perspectives. Its main contribution lies in the effort to find Indonesia's uniqueness in managing minority rights in religion. This study leads the author to a rich discussion of how international human rights through its activists spread the need for freedom of every citizen and how advocates of religious orthodoxy ​​respond to it. In contrast to analysts who use the dichotomous view of the acceptance or rejection of international human rights values, the author sees complexity in the process of spreading these values. It can be said that there is a process of modifying the values ​​of secularism in human rights and localization to make these values ​​an integral part of society. In this line of view, the author calls the Indonesian state a quasi-theistic secular state which means that Indonesia is a secular country but friendly and tries to guarantee freedom of religion and worship. In the case of minority rights in Islam, the state prioritizes harmony in society and supports the orthodox views of the majority. The minority view must be assimilated with the orthodox teachings of Islam to get a place to live. The quasi-theistic secular state continues to experience contestation and has undergone a long construction process based on the narration of the peaceful entry of Islam and the relatively moderate character of Indonesian Islam. At a certain level, this state concept has developed to be an identity and norms that become a reference for how to treat religious minorities. The author thus succeeded in showing that Indonesia is an example of a country that can develop its own identity and norms of religious life that are different from that of the Western secular state system.

The Blessings of Liberty

2021 ◽  
Author(s):  
John Witte, Jr.
Keyword(s):  
Human Rights ◽  
International Law ◽  
Religious Freedom ◽  
Fundamental Rights ◽  
Legal Tradition ◽  
Complex Interplay ◽  
Religious Minorities ◽  
Legal Scholar ◽  
Religious Traditions

Leading legal scholar John Witte, Jr. explores the role religion played in the development of rights in the Western legal tradition and traces the complex interplay between human rights and religious freedom norms in modern domestic and international law. He examines how US courts are moving towards greater religious freedom, while recent decisions of the pan-European courts in Strasbourg and Luxembourg have harmed new religious minorities and threatened old religious traditions in Europe. Witte argues that the robust promotion and protection of religious freedom is the best way to protect many other fundamental rights today, even though religious freedom and other fundamental rights sometimes clash and need judicious balancing. He also responds to various modern critics who see human rights as a betrayal of Christianity and religious freedom as a betrayal of human rights.

scholarly journals Integration reasoning at the ECtHR: Challenging the boundaries of minorities’ citizenship

2020 ◽  
Vol 38 (1) ◽  
pp. 55-74
Author(s):  
Kristin Henrard
Keyword(s):  
Human Rights ◽  
Public Schools ◽  
Public Space ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
Religious Minorities ◽  
Human Rights Protection ◽  
Migrant Background ◽  
European Court ◽  
The Right

This contribution zooms in on a particularly disconcerting development in the jurisprudence of the European Court of Human Rights, that is visible in several recent cases brought by religious minorities with a migrant background, in which the Court accepts – in the name of (requirements for) integration – far-reaching restrictions on the rights of these religious minorities with a migrant background to be respected in their own religiously inspired way of life. The Court furthermore glosses over a context of Islamophobia and related stereotypes, thus failing to identify and counter instances of discrimination on grounds of religion. The article argues that the ECtHR in these cases not only drifts away from the counter-majoritarian core of human rights protection, turning several of its steady lines of jurisprudence favourable to (the effective protection of) minorities’ fundamental rights on their head, but also allows States to basically push religious minorities with a migrant background out of the public space/public schools, in the name of social integration – an integrated society. Ultimately, States are contesting the substantive citizenship of religious minorities with a migrant background and the Court, unfortunately, enables them to exclude and marginalise these religious minorities with a migrant background. The Court thus disregards the foundational value of the right to equal treatment for the human rights paradigm, and moves away from an equal and inclusive citizenship. Put differently, the Court enables governments to dress up Islamophobic, exclusionary agenda’s with a human face, thus challenging the boundaries of citizenship in the name of ‘integration’.

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