A) Minority Rights in the International Law
Minority rights have been taken into account and addressed in various international documents in terms of two aspects: respecting minorities’ human rights and non-discrimination in terms of the enjoyment of basic rights and freedoms, and the right to have a national, ethnic, language, and religious identity. This is reflected in various international documents and institutions, some of which the government of Iran has joined. Among the important international documents, the Peace of Westphalia in 1648, for the first time, classified minorities based on religious affiliation. These agreements gave the Christians living in principalities, where their denomination was not the established church guaranteed the right to practice their faith in private, as well as in public during allotted hours.
Accordingly, the Westphalian peace treaties made regulations regarding the support of religious minorities and ensuring their freedom of performing rituals. At this time in Islamic countries, according to Islamic jurisprudence, religious minorities enjoyed complete independence in the field of personal affairs, and non-Muslims were allowed to follow their religious teachings in matters such as marriage, divorce, inheritance, will, etc. Even compliance with some Islamic criminal regulations, including the prohibition of drinking alcohol, was not mandatory for non-Muslims. Furthermore, the Treaty of Berlin signed in 1878 gave a special legal status to some religious groups, which later served as a model for the legal system of minorities in the framework of the international community.
Before the establishment of the United Nations and during the League of Nations, after the First World War, an international system was established for protecting minority rights. Therefore, in accordance with the treaties concluded between the countries, the governments were not allowed to discriminate against minority groups and they should enjoy freedom in practicing their own religion and using their own language. The United Nations was considered as the guarantor of the implementation of these regulations, and a three-member committee was formed by the United Nations to investigate claims related to the violation of minority rights. After the Second World War and the establishment of the United Nations, various documents generally or specifically focused on the issue of respecting minority rights. Although the Charter of the United Nations and the Universal Declaration of Human Rights does not mention the term minority, they emphasize the equality of all human beings and their enjoyment of basic rights and freedoms regardless of race, gender, language or religion.
It is worth mentioning that Articles 26 and 27 of the International Covenant on Civil and Political Rights, refer to the general rule of ending discrimination and the other facet of minority rights respectively.
Article 26: “All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinions, national or social origin, property, birth or another status.”
Article 27: “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.”
B) Minority Rights (Dhimmi: The People of the Covenant) in Islam
The People of the Book who live in the Muslim society and based on the agreement of “dhimmah” comply with the laws and regulations set by the Islamic government, are called “The People of the Covenant (Dhimmi)” or “Religious Minorities.” The term “People of the Book” refers to groups that follow “Judaism,” “Christianity” and “Zoroastrianism.” From the Islamic point of view, only the People of the Book could be a part of the agreement of “dhimmah.” They enjoy this privilege because Islam reveres the great prophets of God and respects their followers. Therefore, the People of the Book who want to reside in the territory of Islam could enjoy the legal benefits and freedoms through the agreement of “dhimmah.” Based on such an agreement, religious minorities have rights and privileges. This is a heavy responsibility that the Islamic government takes on. As long as they remain faithful to their agreement, they are supported by Islam in the following aspects:
1. Comprehensive Immunity: The commitment to providing comprehensive immunity is mentioned in two ways in the “dhimmah” agreement: one is Muslims’ self-restraint from any encroachment on the lives, property, and honour of their dhimmi counterparts, and the other is the protection of the life, property, and honour of the People of Covenant as well as defending them against the foreigners.
2. Religious Freedom: Recognizing the divine religions and prophets along with respecting their teachings are among the basic tenets of Islam to which numerous Qur’anic verses refer.
3. Judicial Independence: Based on the dhimmah agreement, Islam has recognized the right of judicial arbitration to assert the rights of religious minorities. They can use this right in the following cases: the claimant is a Dhimmi, and the defendant is a Muslim, or vice versa. If both parties to the dispute belong to the People of the Book, it may be settled in an Islamic court.
4. The Right to Freedom of Housing: Religious minorities are free to settle permanently or temporarily in any part of the country after concluding the dhimmah agreement. This does not include prohibited areas such as Hijaz and mosques, for which jurisprudential books set specific rules.
5. Freedom of Having Economic Activities and Commercial Relations: The general system of Islamic economy revolves around the principle of “respecting individual property” on which all kinds of economic activities and commercial relations are based. Accordingly, Islam respects and recognizes the ownership of religious minorities.
6. The Permission for Muslims to Marry a Person Belonging to Religious Minorities: One of the privileges that Islam gives to the People of the Book is that Muslims are allowed to marry a person from the People of the Book permanently or temporarily.
Reference: Human Rights Research Letter. Vol 2, No. 4, Summer 2016, Pp 47-70.
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