The Islamic Revolution Approach

The Islamic Revolution Approach

Feasibility Study of Employing Non-Shiite Officials in the Islamic Republic of Iran Based on the Constitution and Higher-Level Documents

Document Type : Original Article

Author
Sediqeh Mahdavianpour
Department of Religious Studies, Faculty of Basic Sciences, Islamic Azad University, Borazjan, Iran
Abstract
This article examines the feasibility study of employing non-Shiite officials in the Islamic Republic of Iran based on the principles of the Constitution and higher-level documents. The purpose of the research is to analyze the rights of religious minorities in the system of the Islamic Republic of Iran and identify legal and executive obstacles to their effective participation in the government structure. The research method is analytical-descriptive, which uses various principles of the Constitution, especially principles related to legal equality, freedom of employment, and citizenship rights, to examine the feasibility study of the presence of religious minorities in executive and political positions in the country. The results of the research show that the principles of the Constitution of the Islamic Republic of Iran, including principles 19, 20, 28, and 64, are the legal and executive support for the realization of employing non-Shiite officials at various levels of government. These principles emphasize the legal equality of all citizens and guarantee the freedom to choose a job and participate in social and economic activities for all individuals. The constitution also provides for the presence of representatives of religious minorities in the Islamic Consultative Assembly and establishes their participation in the country’s major decision-making process. However, in practice, there may be social and cultural barriers to greater representation of minorities in executive positions. It is suggested that in order to achieve effective participation of religious minorities, reforms in executive policies and processes, such as the establishment of special deputies and a non-Shiite assembly of representatives in the Assembly, be considered to provide a basis for interaction and convergence between minorities and the majority.
 
Theoretical Framework
The Constitution outlines the relationship between citizens and the political system, focusing on equality, justice, and the rights and duties of individuals. To understand principles such as equality and citizens' rights, one must refer to the Constitution (Gorji Azandariani, 2017). Religious, ethnic, and sectarian minorities' rights play a crucial role in either enabling or hindering their participation in public and private employment. Specifically, the Constitution acknowledges religious minorities, including Zoroastrians, Jews, and Christians, as well as Sunni Muslims and various sects, and outlines their rights in Articles 15, 19, and 20. These articles ensure equality by negating superiority based on race, color, language, or similar factors (Qasemi, 2003). In theory, the Constitution emphasizes the rights of all citizens without special considerations, but the application of these principles to non-Shia groups highlights either barriers to their full participation or the absence of adequate measures to ensure their inclusion in key political positions.
 
Findings
The research findings indicate that the appointment of Shia officials in the Islamic Republic of Iran is both possible and desirable based on the Constitution. The Constitution does not present any exceptions for favoring Shia over non-Shia citizens in areas such as "citizens' rights," "the right to have representatives," "political freedom and participation," "equality and justice," and "the right to work and choose a suitable profession." Therefore, the idea of positive discrimination or granting specific rights to religious minorities in Iran is undesirable and even undermines the cohesion of minority groups and national identity. However, to improve the status of non-Shia groups, it is necessary to implement constitutional provisions, utilize the talents of non-Shia elites at the ministerial level, deputy ministers, governors, and military commanders, and revitalize religious offices at the presidential level.
Conclusion
The study shows that the appointment of non-Shia officials in the Islamic Republic of Iran is not about introducing positive discrimination or considering religious minorities as "special" groups. Rather, it is about acknowledging the principles enshrined in the Constitution, such as freedom of participation, equality, justice, the right to work, and freedom of occupation. These principles explicitly call for equality without privileging any specific group, thereby negating the need for positive discrimination or special conditions for religious minorities. This is because the Constitution already contains favorable conditions for the inclusion of non-Shia officials in the political structure of Iran. Therefore, a significant part of improving their status requires the participation of religious minorities based on constitutional principles, which can elevate their status through "citizens' rights" and "freedom of occupation." Practically, the recognition of citizens' rights, including the right to have a representative in Parliament, should translate into tangible political actions. Establishing a special office for religious minorities at the presidential level would eliminate the perception of ethnic or religious identity as a separate category and instead consider them integral members of the Iranian nation. With this perspective, the inclusion and participation of non-Shia groups would provide a means for their effective contribution to political and social spheres, fostering greater interaction and national cohesion. The right to have representatives in the Iranian Parliament should become a tangible political action that reflects the framework of the Constitution, ensuring that the rights of non-Shia citizens are fully represented. Therefore, the suggestions presented here underscore that collective action at legislative and executive levels, supported by the Constitution and other existing laws, plays a key role in improving the status of non-Shia citizens, enabling them to exercise their rights to work and freedom of action within the Islamic society, and avoiding abstract and unsupported ideas such as positive discrimination. These ideas could undermine national identity and may lead to some illegal activities within the Islamic Republic of Iran.
 
Keywords
Political authorities, religious groups, constitution, non-Shiite groups, Islamic Republic
Ebrahimian, Hojjatollah (2012), Special Rights of Religious Minorities in the Iranian Political System “With Emphasis on the Constitution”, Quarterly Journal of Islamic Revolution Studies, Year 9, Issue 29, pp. 266-243.
Eslami, Reza, Qureshi, Seyyed Rasoul (2014), The Role of Human Rights and Separatism in the Light of the Right to Self-Determination, Journal of Legal Research, Issue 65.
Parvin, Khairuddin; Sepehrifar, Sima (2014), Minority Rights in the Constitution (With Emphasis on Places, Properties and Political Rights), Quarterly Journal of Islamic Human Rights Studies, Year 3, Issue 6, pp. 96-73.
Javid, Mohammad Javad Islamic Government, Quarterly Journal of Islamic Government, Year 18, Issue (2009), Positive Discrimination in Islam and the Rights of Religious Minorities in 1, pp. 163-137.
Jafari Tabrizi, Mohammad Taghi (2011), Universal Human Rights, Research and Implementation in Two Systems: Islam and the West, Tehran: Allameh Jafari Publications.
Habibzadeh, Mohammad Jafar; Hoshyar, Mehdi (2014), Religious Positions in Iranian Criminal Law in the Light of the Principle of Equality Before the Law, Criminal Law Research Journal, Year 5, Issue 2, pp. 87-61.
Khalaf Rezaei, Hossein, Heydarnejad, Valiollah, Naseri Manshadi, Hamid (2017), Comparative Study of the Ratio of the Right to Self-Determination and Minority Rights in International Law and the System of the Islamic Republic of Iran, Quarterly Journal of Public Law Studies, Volume 47, Issue 3, pp. 687-665.
Zandi, Amir, Zandi, Mohammad Rahim, Ahmadian, Mehdi, Mousavi, Hossein (1401), Future scenarios of the impact of religious minorities in promoting national security (the case study of Sunnis), Quarterly Journal of Fundamental and Applied Studies of the Islamic World, Year 4, Issue 14, pp. 1-25.
Siamand Vasu, Karzan, Sheikh Ahmadi, Seyyed Mohammad, Shafei, Keyvan (1401), Policies of integrating religious minorities into the political, social and religious system in the first period of the Abbasid Caliphate, Quarterly Journal of International Relations Research, Volume 12, Issue 47, pp. 344-325.
Shabani, Qasem (193), Basic Rights and the Structure of the Government of the Islamic Republic of Iran, Tehran: Etelaat Publications.
Abbasi, Bijan (2011), Human Rights and Fundamental Freedoms, Tehran: Dadgostar Publications.
Fazli Khani, Akram (2017), A Study of Minority Rights in the West and Iran, Quarterly Journal of Women's Rights Protection, Year 2, Issue 7, pp. 157-129.
Qari Seyed Fatemi, Seyed Mohammad (2010), Human Rights in the Contemporary World, Tehran: Danesh Publications.
Ghasemi, Mohammad Ali (2003), Minorities in the Constitution of the Islamic Republic of Iran, Quarterly Journal of Strategic Studies, Year 6, Issue 4, Serial No. 22, pp. 873-853.
Ghazi, Seyed Abolfazl (2009), The Essentials of Basic Law, Tehran: Mizan Publications.
Katouzian, Naser (2000), Fundamentals of Public Law, Tehran: Dadgostar Publications.
Katouzian, Naser (2000), Introduction to Law and Study in the Legal System of Iran, Tehran: Ganj Danesh Publications.
Gorji Azandriani, Ali Akbar (2017), Basic Law of the Islamic Republic of Iran, Tehran: Gallus Publications.
Mohebbi, Davud, Taleb Najafabadi, Azam (2018), The Right of Minority Representation in International Documents and the Basic Law of the Islamic Republic of Iran, Quarterly Journal of Comparative Studies in Islamic and Western Law, Year 5, Issue 4, pp. 195-159.
Mohammadi, Farhad (2013), Analysis and Concept of the Principle of Equality in the Opinions of the Guardian Council, Master's Thesis, Tehran: University of Tehran.
Marami, Alireza (2000), Comparative Study of the Concept of Justice, Tehran: Islamic Revolution Documents Center.
Mehrpour, Hossein (2008), Brief Summary of the Basic Law of the Islamic Republic of Iran, Tehran: Dadgostar Publications.
Hashemi, Seyed Mohammad (2012), Human Rights and Fundamental Freedoms, Tehran: Mizan Publications.
Hashemi, Seyed Mohammad (2018), Basic Law of the Islamic Republic of Iran, Tehran: Mizan Publications.