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Hassan Farshchian

Depriving Baha’is of their most basic citizenship rights, such as the right to education, suitable employment, government employment, residence, and so on, are clear examples of oppression and injustice towards Baha’is. Without a doubt, in most Islamic societies, the treatment towards Baha’is is discriminatory, unethical, and inhumane. It can even be considered as “un-Islamic” behavior.

Discriminatory behavior towards them is in conflict with Islamic teachings and goes against Islamic teachings in various aspects. Below, we will examine the illegality of this behavior from two perspectives: in terms of violating the “rights of Baha’i citizens” and in terms of violating the “duty of Islamic government towards non-conformists”.

A- Violation of citizens’ rights is against the law.

In the Islamic community, like other nations and ideological groups, it is possible for a group of individuals who share the same beliefs and values to make agreements and give mutual privileges to their members for any reason, and not give these privileges to those outside of the community. This agreement, within a group, may be considered a normal agreement in certain circumstances, and the members of the community may have the same rights as members of a club. In this case, this agreement is an internal agreement among the members of a community.

For this reason, the internal rewards given to some followers of a religion are considered natural. In the Quran it is stated that “the most honorable among you in the sight of God are the most righteous among you.” (1) These internal religious rewards, as long as they are considered as an internal reward, are not problematic, but rather are considered worthy due to their encouraging moral aspects.

With the establishment of the Islamic government in Iran, the common foundations, definitions, and classifications of jurisprudence and theology regarding Muslims and non-Muslims were also incorporated into public and constitutional law. The concept of “citizenship” was reduced to mean “membership in the Islamic community.” As a result, only members of the Islamic community were considered as the main citizens of the Islamic society. Non-Muslims and those with different beliefs were placed within the framework of other groups, based on the common classifications in the fields of jurisprudence and theology, and were perceived as second or third-class citizens.

The common divisions of jurisprudence and theology did not have the ability to align with modern concepts of citizenship. This is because there is a relationship between the citizens of a country and their connection to the government. In this relationship, all citizens are entitled to equal rights and benefits. Therefore, it is not possible to have differences and discrimination among the citizens of a country.

Violation of citizens’ rights is considered an act against the law; because the relationship between citizens and government is within the framework of a mutual relationship and a bilateral contract. If citizens entrust the fate of the country to the rulers and abide by the relevant laws and regulations, they expect the government to also recognize their mutual citizenship rights. When it comes to citizens’ rights, they cannot be divided based on religious beliefs and some of them cannot be given special privileges while others are deprived of their rights.

Ayatollah Hossein Ali Montazeri, in response to a question about the Baha’is, relies on their right to citizenship and considers them citizens like other citizens: “The Baha’i sect, as they do not have a heavenly book like the Jews, Christians, and Zoroastrians, are not considered a religious minority in the Constitution, but because they are citizens of this country, they have the right to water and land and are entitled to citizenship rights; they must also benefit from the Islamic compassion, which is emphasized by the Quran and the religious leaders.”

B- Neglecting the duty of the Islamic government towards dissenters.

In the first steps of teaching behavior towards non-believers, God commands his prophet to speak of universal mercy in response to those who deny his message: “If they deny you, then say, ‘Your Lord is the possessor of abundant mercy, and His punishment is not to be rejected by the wrongdoers.'” (2)

The above verse is about the behavior of believers towards non-believers. In this behavior, by emphasizing the all-encompassing mercy of God, the path of mercy is also opened for those who think differently, so that the divine mercy is established as a principle in the subconscious of society. Based on this verse, the mercy of God is not only for the religious, but also His description as the Most Merciful remains in place even in the face of those who oppose.

Then, in other verses, when discussing the guidelines for the social behavior of Muslims towards non-believers, this mercy is mentioned again; including in verse 8 of Surah Mumtahinah, the guidelines for dealing with those who are not at war with Muslims and do not drive them out of their homes. The Quran commands to behave justly towards this group of non-believers who are not at war with you: “God does not forbid you from being kind and just to those who have not fought against you because of religion and have not driven you out of your homes. Indeed, God loves those who act justly.” (3)

The Islamic government is obligated to treat its citizens with mercy, kindness, and compassion. Imam Ali, as the ruler of the Islamic society, outlines guidelines for the relationship between the ruler and the subjects in his covenant with his governor, Malik al-Ashtar al-Nakha’i, when sending him to govern Egypt. Ali advises Malik to treat the citizens with kindness and explains to him, “Put kindness, love, and compassion for the subjects as the motto of your heart. Do not treat them like prey that you hunt and consume, for the subjects are either your brothers in faith or humans like you.” (4)

If observed in this letter, the Imam explains to Malik that humans fall into two groups: either they are your religious brothers, or they are humans like you. Regarding the religious brothers, he clarifies the religious teachings, the behavior of believers, and the brotherly relationship among the pious in the realm of “inner religion”. The pious, based on their religious beliefs, create spiritual affections and bonds among themselves. But regarding non-believers, Imam Ali, with the interpretation of “similarity in creation”, refers to the inherent dignity of humans. These aspects of human dignity are important affections and bonds that, by reminding them of the characteristics of human dignity, humans must respect the dignity of their fellow human beings.

Ayatollah Montazeri, in another fatwa regarding the Baha’i Faith, referring to the same verse and citing the aforementioned letter from Ali to Malik Ashtar, states that “… in general, individuals who do not follow any of the heavenly religions are also subject to the ruling of the noble verse… and the statement of Amir al-Muminin (peace be upon him) in the letter to Malik Ashtar… their human rights must be respected.”

The essence of speech is that injustice and oppression towards the Bahai’s and depriving them of their citizenship rights not only has no religious legitimacy, but also contradicts the most basic teachings of Islam. Based on these teachings, not only should their citizenship rights be respected like other citizens without any discrimination, but also in accordance with the command of compassion and mercy towards citizens, they should be treated with kindness, even if their beliefs are not accepted by the ruling authority or the Muslim citizens of society.

Notes:

1. “Indeed, the most honorable of you in the sight of Allah is the most righteous among you.” Quran: Al-Hujurat, Verse 13

2. “If they deny you, say: ‘Your Lord is full of mercy and His punishment will not be turned away from the criminal people.'” Quran: Al-An’am, verse 147.

3. “God does not forbid you from showing kindness and fairness to those who have not fought against you because of religion, nor driven you out of your homes. Indeed, God loves those who act justly.” Quran: Al-Mumtahanah, verse 8.

4. “And feel compassion in your heart for the people, and love for them, and be gentle with them, and do not be a harmful predator who takes advantage of them, for they are of two kinds: either a brother to you in religion, or a counterpart to you in creation.” – Nahj al-Balagha, Letter 53