E/CN.4/1996/95/Add.2
page 4
6.
The Special Rapporteur said that he was concerned because there was no
definition of Islamic criteria, on the one hand, or of non-Muslim religious
criteria, on the other. In this connection, the authorities indicated that
reference was being made to the establishment of an Islamic regime based on
the will of the people. They also pointed out that every legal system was a
reflection, even implicitly, of the religious principles of the majority of
the population. With regard to non-Muslim religions, the government
representatives said that it was the duty of the State to guarantee minority
rights, which were protected by the Constitution and by recognition of the
right of each minority to apply religious law to personal and community
affairs. It was stressed that Islam was a religion of tolerance. As to the
lack of a constitutional definition of Islamic criteria, it was explained that
the Constitution established a framework and the laws defined the principles
contained therein. The authorities admitted that greater precision should be
achieved through legislation.
2.
Official religion
7.
According to article 12 of the Constitution, "The official religion of
Iran is Islam and the doctrine, that of the Twelver Ja’fari school [in usu
¯l
al-Din and fiqh], and this principle will remain eternally immutable. Other
Islamic schools, including the Hanafi, Sha
¯fi’i, Ma
¯liki, Hanbali, and Zaydi,
are to be accorded full respect, and their followers are free to act in
accordance with their own jurisprudence in performing their religious rites.
These schools enjoy official status in matters pertaining to religious
education, affairs of personal status (marriage, divorce, inheritance, and
wills) and related litigation in courts of law. In regions of the country
where Muslims following any one of these schools of fiqh constitute the
majority, local regulations, within the bounds of the jurisdiction of local
councils, are to be in accordance with the respective school of fiqh, without
infringing upon the rights of the followers of other schools."
8.
Stressing that the concept of a State religion is not in itself contrary
to human rights, the Special Rapporteur explained that that fact must not be
exploited at the expense of the rights of other religions. He noted that
there was no reference to the Ismaili Shiites and the Ahl-e-Hagh Muslim
community in western Iran.
9.
The authorities indicated that the Constitution was not a catalogue of
religions and that recognition of the special status of some religions and
religious communities must not be interpreted as discrimination against
others.
3.
Situation of minorities
10.
According to article 13 of the Constitution, "Zoroastrian, Jewish and
Christian Iranians are the only religious minorities who, within the limits of
the law, are free to perform their religious rites and ceremonies and to act
according to their own canon in matters of personal affairs and religious
education".