Being a Bahai is not a crime / Mohammad Moghimi
This is a picture of a flower.
Mohammad Moghimi
Bahai compatriots have refrained from any political activities and, in essence, there are no Bahai organizations in Iran since 1983. Therefore, activities such as political involvement and promoting the Bahai faith are not possible for them. They interact with each other based on their shared beliefs and friendship, and according to the laws and principles of the Muslim rights, they handle personal matters within their community. It is obvious that simply establishing connections and meeting social needs cannot be considered a crime; rather, these are among their citizenship rights. Believing in the Bahai faith is not a crime and according to the principle of innocence, the principle of the legality of crimes and punishments, and the religious and rational rule of “the ugliness of accusing someone of something without proof”, they cannot be punished for being Bahai. However, for years, the fundamental rights of Bahai compatriots have been violated under various excuses. They are prevented from studying and working in government and public institutions,
Religious minority rights in the Constitution
Article 14 of the Constitution states: “By the order of the noble verse ‘There is no compulsion in religion’ (Quran 2:256), the Islamic Republic of Iran and Muslims are obligated to treat non-Muslim individuals with good morals and Islamic justice, and to respect their human rights…”. This article emphasizes that our country’s Constitution has accepted the citizenship rights of other religions – in addition to the official religions of the country. Furthermore, according to Articles 8, 23, and 24 of the Constitution, “freedom of thought and expression” is recognized and in accordance with Article 23, “investigation of beliefs is prohibited and no one can be prosecuted for holding a certain belief”. According to Article 19 of the aforementioned law, the people of Iran, regardless of their ethnicity or tribe, have equal rights and factors such as race, ethnicity, language, and the like will not lead to discrimination (the term “people” is used in this article,
The rights of religious minorities in Islam.
In Islam, there have always been rules governing the relationship between Muslims and religious minorities, and even non-believers. These groups have been granted certain rights under certain conditions. Although according to Article 13 of our country’s constitution, only Zoroastrian, Jewish, and Christian minorities are recognized, verse 256 of Surah Al-Baqarah states “There is no compulsion in religion,” and some scholars believe that if other religions and even non-believers accept the conditions of dhimma (payment of jizya [tax], loyalty to the government and its laws, not aiding enemies of Islam, not promoting their religion, etc.), there is no difference between them and the People of the Book (Zoroastrians, Jews, and Christians) and they are also considered religious minorities. Therefore, considering that Baha’i compatriots pay taxes, obey the government and its laws, defend their homeland against enemies (as evidenced by the Baha’i martyrs in
The Prophet of Islam also had a brotherly behavior towards minorities. For example, when the Prophet of Islam participated in the funeral of a Jew, some of his companions expressed their dissatisfaction that the Prophet was attending the funeral of a Jew. The Prophet said, “Wasn’t this Jew a human being?” By asking this question, he highlighted the Islamic view on equality among all human beings. This also shows the position of those who are loyal to their religion in a Muslim society.
The first Imam of the Shiites, Imam Ali, also known as Malik Ashhtar, the governor of Egypt, says: “Oh Malik, place your heart in a position of mercy towards the people. Show them abundant love and compassion, and do not be like a predatory animal that destroys their lives and possessions, for they are either your fellow believers or humans like you and equal to you.”
On the other hand, some scholars have identified the rights of Baha’is as citizens. The fatwas of some Islamic scholars regarding the rights of Baha’is are as follows.
Among contemporary scholars, great scholars such as the late Ayatollah Montazeri have stated regarding religious minorities: “In the past, when countries and governments did not have a constitution as they do now, governments would make special agreements with the religious minorities of each country to secure their rights, and both parties were bound to abide by it; but in current circumstances, where countries have a constitution and the rights of all individuals are specified and determined in the constitution of each country, the vote of religious minorities on the constitutional law, which is in the form of a national covenant, has the same effect as that agreement, and religious minorities also have the same citizenship rights. Therefore, the right of religious minorities living in an Islamic country under the protection of Islamic government is that the Islamic government accepts whatever God has accepted from them and demands from them what they have committed to do; the Holy Quran says: “And let the People of the Gospel judge by what Allah has revealed therein…” and Christians should judge
They have also responded to the request by saying: “Bahai’s, as they do not have a heavenly book like Jews, Christians, and Zoroastrians, are not considered as a religious minority in the constitution. However, as citizens of this country, they have the right to water and land and are entitled to citizenship rights. They should also benefit from the Islamic compassion emphasized by the Quran and the saints of the religion.”
Translation: The translation of the text of the inquiry from Grand Ayatollah Sayyid Hussein Sadr is as follows: “Question: I am a Baha’i citizen living in northern Iraq. Some Muslims believe that it is forbidden according to religious law to associate with us and it is obligatory to avoid socializing with us. Recently, some religious figures have issued fatwas saying that our religion (Baha’i Faith) is misguided and any kind of interaction with Baha’is is forbidden. Surely, Your Eminence is aware that during the previous regime, we were greatly oppressed and persecuted to the extent that many Baha’i properties were confiscated and many were imprisoned and sentenced to death. What is Your Eminence’s opinion on this matter? Answer: God Almighty has commanded us to behave kindly, based on justice, compassion, and love towards all our brothers and sisters of different religions and beliefs. As it is stated in the Quran: God does not forbid you from being kind and just
According to Hojat al-Islam Mohammad Taqi Fazeli Meybodi, a university professor, regarding the rights of Baha’i citizens, it is as follows: “In terms of respecting the citizenship rights of all citizens of a country, whether Muslim, Baha’i, Zoroastrian, or any other person with any belief who is subject to a country, they must be entitled to equal rights as other citizens. In ancient jurisprudence, there was a division between religions and the interpretation of Dar al-Islam and Dar al-Kufr was used. This means that in a country where Islam was dominant, only Muslims were considered subjects of that country and were entitled to citizenship rights. For example, if Iran was a Muslim country, an Afghan Muslim in Iran would have citizenship rights, but a non-Muslim Iranian would not. However, in the modern world, religious boundaries have been removed and geographical boundaries have taken their place. Therefore, all citizens of a country with
The rights of religious minorities in international human rights documents.
The principle of equality for all individuals in society in the enjoyment of their human rights, as stated in Article 1 of the Universal Declaration of Human Rights (adopted by the General Assembly of the United Nations, of which our country is a member), and Article 1 of the International Covenant on Civil and Political Rights and Article 2 of the International Covenant on Economic, Social and Cultural Rights (which were ratified by the Parliament of our country on August 23, 1972), creates the right for religious and ethnic minorities to enjoy individual and social rights without any discrimination. The Declaration on the Rights of Persons Belonging to National, Ethnic, Religious and Linguistic Minorities also states in its preamble, recalling the purposes of the United Nations regarding the rights and freedoms of all individuals without any discrimination, in Article 3, paragraph 1: “Member States shall take all necessary measures, wherever required, to ensure that persons belonging to minorities may effectively enjoy their human rights and fundamental freedoms without
At the end, it is worth mentioning that depriving the Bahai citizens of their fundamental rights (such as the right to work, education, private property, freedom of thought, freedom of expression, etc.), who are often productive, self-made and beneficial members of society, not only leads to the destruction of social capital, but also sends a negative message to the entire Iranian community. In fact, it is a clear violation of their “right to life” as the source of all human rights and is a prominent example of actions against the social security of the Iranian nation.
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