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".

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