The Journal of Human Rights

The Journal of Human Rights

The Feasibility of Granting Political Rights to Religious Minorities with an Emphasis on the Iranian Legal System

Document Type : Review Article

Authors
1 Assistant professor, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran.
2 MSc, University of Shahid Ashrafi Esfahani, Isfahan, Iran.
Abstract
Religious minorities are those citizens of the Islamic State who adhere to Islam and are granted citizenship rights within a contractual framework. Using an analytical method, this study tries to explain the distinction of this minority in political rights. It bases its analysis on the theory of citizenship rights, necessitating a linkage between citizenship and the right to political participation. The study refutes the competing hypothesis based on the differentiation between types of human dignity, considerations related to the principle of "Nafye Sabil" (denial of dominance), and the contract of protection (Ahd Dhimma). It proves its hypothesis that differences in citizenship rights, except where democratic considerations necessitate adherence to the majority's general will in society management or where there are valid concerns about the minority’s loyalty, do not form distinctions in political citizenship rights. Minorities, as citizens, have the right to nationality and the right to vote. In elected positions subject to Shari'a, they can compete for election, and for both rights, they can have political organization. Therefore, it is suggested that some provisions of electoral laws and parties be amended.
Keywords

Subjects


Bibliography 
Abbasi, Bijan. Human rights and fundamental freedoms (three generations of human rights in Islam, Iran and international and regional documents). Tehran: Daadgostar, 2011. [In Persian]
Alavi Vosughi, Seyyed Yusuf. "Comparative study of Nafy-e-sabil in Faraqin interpretations", Journal of The Holy Quran and Islamic Texts 8, No. 31 (2016): 151-164. [In Persian]
Amid Zanjani, Mustafa. Political jurisprudence: the law of international treaties and diplomacy in Islam. Tehran: Samt, 2000. [In Persian]
Arab Ameri, Ahmed, and Mohammad Reza Parsamanesh. "Citizenship in Islam", Islamic Laws 11, No. 41, (2014): 107-130. [In Persian]
Barten, Ulrike. Minorities, Minority Rights and Internal Self-Determination. London: Springer: 2014.
Bastenegar, Mohammad. Human Rights from the viewpoint of Scholars. Tehran: Sahami-e-Enteshar, 2006. [In Persian]
Bayat Komitaki, Mahnaz, and Mahdi Balavi, “The Right to Nationality; from Private International Law up to Human Rights”, Private Law 12, no. 1 (2015): 129-150. [In Persian] https://doi.org/10.22059/jolt.2015.55637
Daneshpajhooh, Mustafa. Islam and private international law (nationality and status of foreigners). Qom: Hoza and University Research Institute, 2013. [In Persian]
Feirahi, Davood. "Fundamentals of factionalism in the Shia religion", Yad, no. 53 (1999): 297-314. [In Persian]
Feirahi, Davood. "Political Participation in the Islamic State", Nameye Mofid 7, No. 25 (2008): 19-48. [In Persian]
Feirahi, Davood. "Shia and deliberative democracy in Iran", Law and Political Science School Journal, no. 67 (2005):137-158. [In Persian]
Feirahi, Davood. "Shia and the issue of legitimacy: between theory and text", Journal of the School of Law and Political Science, no. 57 (2008): 217-246. [In Persian]
Feirahi, Davood. Jurisprudence and party ruling. Tehran: Ney, 2016. [In Persian]
Ghane, Ahmad Ali, and Ismaeil Mohammadpour. "Specific attributes of a Vasi from the point of view of Khamsa and the Law", Feqh Basics of Islamic Law 12, no. 23 (2018): 119-161. [In Persian]
Goto, Akira. "Madinah Code", translated by Shahla Bakhtiari. Keyhan e Andishe, no. 75 (1376):101-115. [In Persian]
Haeri, Seyyed Kazem. "Politics and Government", Political Science Quarterly 1, no. 1 (1998): 6-37. [In Persian]
Hamidullah, Mohammad. The international practice of the Islamic State. Translated and researched by Sayyed Mostafa Mohaghegh Damad. Tehran: Islamic Sciences Publishing Center, 2001. [In Persian]
Hosseini, Seyed Mohammad, and Zeinab Mahmoudi. "Examination of Imam Khomeini and Khoie's Opinions Regarding the Limits of the Rights of the Vali-e-Faqih", Matin 16, no. 65 (2013): 87-104. [In Persian]
Jafari, Mohammad Taqi. Universal human rights: research and adaptation in two systems; Islam and the West. Tehran: Allameh Jafari Institute for Compilation and Publishing, 2006. [In Persian]
Javadi Amoli, Abdullah. Theology. Tehran: Esra, 2013. [In Persian]
Javaid, Mohammad Javad, and Mustafa Shafizadeh Kholanjani, "Human Nature as a Criterion against Relativity of Human Rights", Public Law Research 18, No. 52 (2015): 59-85. [In Persian] https://doi.org/10.22054/qjpl.2016.6791
Javid, Mohammad Javad. “Positive discrimination in Islam and the rights of religious minorities in the Islamic government”, Islamic Government 18, no. 67 (2013):137-162. [In Persian]
Javid, Mohammad Javad. “Re-reading the Philosophical Foundations of the Theory of Relativity in Citizenship Rights”, Islamic Law 11, no. 42 (2014): 65-95. [In Persian]
Javid, Mohammad Javad. “Theory of Relativity in Civil Rights and Natural Rights of Man”, Human Rights 8, no. 1, 2 (2013): 59-84. [In Persian]
Maghami, Amir. Deprivation of Nationality of Sheikh Isa Qassim from the Perspective of International Law and Bahrain Domestic Law", Public Law Studies 47, no. 2 (2017): 357-375. [In Persian] https://doi.org/10.22059/jplsq.2017.63102
Maleki, Ali. "Possibility or Refusal of Elections in Religious Thought", Mofid Politics 2, no. 2 (2016): 116-93. [In Persian]
Mesbah Yazdi, Mohammad Taqi. A Brief Look at the Theory of Velayet-e Faghih. Qom: Imam Khomeini Educational and Research Institute, 2007. [In Persian]
Mesbah Yazdi, Mohammad Taqi. Law and politics in the Qur'an. Qom: Imam Khomeini Educational and Research Institute, 1998. [In Persian]
Mesbah Yazdi, Mohammad Taqi. Political Theory of Islam, vol. 2. Qom: Imam Khomeini Educational and Research Institute, 1999. [In Persian]
Mohaghegh Damad, Mustafa. The jurisprudential Rules of the Public sector. Tehran: Islamic Sciences Publishing Center, 2019. [In Persian]
Montazeri, Hossein Ali. Jurisprudential foundations of Islamic government. Volume 7, translated by Mahmoud Salvati, Tehran: Saraei, 2008. [In Persian]
Montazeri, Hossein Ali. Treatise of Rights. Tehran, Sarai, 2014. [In Persian]
Morrison, Donald. “Aristotle's Definition of Citizenship: A Problem and Some Solutions.” History of Philosophy Quarterly 16, no. 2 (April 1999): 143-165.
Movhadi Savoji, Mohammad Hasan. "Peaceful Coexistence of Humans from the Perspective of the Quran and the International Human Rights Law", Human Rights 9, no. 1 and 2 (2013): 131-158. [In Persian]
Naeini, Mirza Mohammad Hossein. Tanbih al-Ummah and Tanzih al-Mellah, corrected and researched by Seyyed Javad Varaei, Qom: Boostane Ketab, 2013. [In Persian]
Nazemian Fard, Ali. "Ahl al-Dhimmah in Islam", History of Islam 2, no. 2 (2008): 45-56. [In Persian]
Rawls, John. The Law of the people. Translated by Jafar Mohseni. Tehran: Ghoghnoos, 2011. [In Persian]
Rezaei, Majeed, and Sayyed Mohammad Ali Hashemi. "Re-reading the rule of nafy-e-sabil with an approach to the thoughts of Imam Khomeini", Matin 14, no. 57 (2011): 61-86. [In Persian]
Seeb, Khairuddin, and Hamed Faqihi. "Religious Tolerance (Re-reading the Treaty of Madinah)", Miqat Hajj 22, no. 87 (2013): 203-223. [In Persian]
Shany, Yuval. “Toward a General Margin of Appreciation Doctrine in International Law.” EJIL 16, no. 5, (2005): 907-940.
Torkashvand, Ehsan. “An example of human perfection from the point of view of Master Misbah with a look at the Qur'an and narrations”, Maarefat 20, no. 164 (2011): 5-18. [In Persian]
Walzer, Michael. Thick and Thin: Moral Argument at Home and Abroad. Translated by Sayyed Sadegh Haghighat and Morteza Bahrani, Tehran: Research Institute of Cultural and Social Studies, 2019. [In Persian]
Send comment about this article
Enter Name.
Enter a valid email address.
Enter a vaid affiliation.
Enter comments (At leaset 10 words)
CAPTCHA Image
Enter Security Code Correctly.