This is a picture of a beautiful flower.
Mohammad Mohabbai

It has been a while since we have been hearing very bitter and unfortunate news from the military barracks of the country. In mid-August, a soldier opened fire on his fellow soldiers at the Kahrizak training barracks in Tehran; this shooting left four dead and eight injured. Twenty days prior to that, in a similar incident, a conscript soldier at the Abik barracks in Qazvin province tied up his comrades in a frenzy; killing three and injuring eight. It is said that the reason for many of these incidents is the temporary insanity of soldiers due to the conditions of mandatory military service.

Last year, in the Madavan city of Yasuj, the capital of Kohgiluyeh and Boyer-Ahmad province, a conscript of the Correction and Education Center, along with three of his colleagues, was suddenly killed with a gun – allegedly a Kalashnikov – and then, as official sources have reported, ended his life by shooting himself in the head with the remaining bullets. According to local sources, all the soldiers were approximately 18 to 20 years old. The killer was from Gachsaran and the other three soldiers were from the same Madavan region. At the time, one local source said, “We don’t know what the fight was about, we don’t even know if there was a fight or not.” Another source, mentioning that the incident could have resulted in more deaths, said, “Another person killed the killer, otherwise he wanted to kill everyone.” (1) This statement was later denied by judicial authorities, emphasizing that the killer committed

My investigations that have been conducted previously show that the conditions of service and their asymmetry with the mental state of individuals can greatly intensify suicidal or self-harming thoughts among soldiers. Suicide exists among all age groups, but its prevalence among young people, especially soldiers, is higher due to their specific conditions during this period. Suicidal thoughts are a precursor to suicide and various causes, including physical, mental, social, family, and occupational factors, can contribute to the emergence of these thoughts. Military environments, due to their stressful nature, can lead to an increase in suicidal thoughts among soldiers. Research findings on the reasons for soldier suicide have shown that the rate of suicidal thoughts among soldiers is 5.8% (2). The events that occur in this regard can serve as a warning for supervisory institutions to prioritize the mental health of soldiers. Mental health in military units is of utmost importance in maintaining and improving the physical and mental health of military personnel and increasing the efficiency and combat readiness of

But undoubtedly, the principle of compulsory military service is questionable in all aspects, including human, moral, rational, legal, and even religious.

Military service in Iran and the world.

Different countries throughout history have attempted to prepare themselves for defense against “enemies” by enforcing mandatory military service. The mandatory military service law was implemented in many countries. However, many of these countries have fundamentally reconsidered this law. Among the 197 countries in the world, 112 have abolished military service and have a professional army. 28 countries have military service for less than a year. In 9 countries, soldiers are not used in armed military operations. 10 countries have selective military service. 12 countries use a combination of voluntary and mandatory soldiers. Iran, along with 25 other countries, has 18 months or more of mandatory military service without the right to choose and with involvement in operational military activities. Should Iran join the ranks of countries that have changed their approach to military service in the coming years, or will the current policy continue to be deemed desirable and remain in place?

Since the formation of the modern army in Iran by Reza Shah Pahlavi, the conscription law has been implemented and is still in effect. I also served in the army for two years. I have interesting memories from that time and gained valuable experiences during those two years. But is this method and system fair and just? Is it fair to force a young man into mandatory work, without pay, and with the lowest legal standards (especially in terms of labor rights and the fundamental principle of job satisfaction and payment for work)? On the other hand, are there economic, logistical, and cultural foundations for establishing professional armed forces (army, police, etc.) in Iran?

What is certain is that the current situation is not sustainable. Similarly, any change in the current situation, given the regional situation and the structure of armed forces, is not impossible, but naturally very difficult and time-consuming. Therefore, if there is a desire and will for change, it must be started as soon as possible.

Military Service Critique from the Perspective of Shia Jurisprudence and Iranian Substantive Law

In defense of military service in Iran after the revolution, reference is made to Article 151 of the Constitution. The text of this article is as follows: “By the order of the noble verse ‘And prepare against them whatever you are able of power and of steeds of war by which you may terrify the enemy of Allah and your enemy and others besides them whom you do not know [but] whom Allah knows’ the government is obligated to provide military training programs and facilities for all individuals of the country according to Islamic standards, so that all individuals are always capable of defending the country and the Islamic Republic of Iran, but owning weapons must be with the permission of official authorities.”

However, for several reasons, the above principle cannot justify mandatory military service.

First – this principle is solely based on “military training according to Islamic standards” and not on providing free human resources for institutions, including military and law enforcement agencies.

Second – In this principle, the phrase “according to Islamic standards” is present; the question is whether the rule of “no harm and no causing harm in Islam” – which is one of the most important principles in Islamic jurisprudence – is compatible with this style of compulsory military service that is imposed on unemployed youth? While according to research (including research by the Parliament Research Center), the compulsory system also causes personal and social harm; it is obvious that society is made up of individuals.

Third – Based on this one principle of non-harm, it can be concluded that the fundamental rights of individuals should not be ignored; including the right to choose one’s own destiny. It is explained that God has created humans free and has given them the right to determine their own path in life, and compulsory service systems are essentially a coercive deviation from the natural path of humans.

Fourth – Principle Nine of the Constitution states: “In the Islamic Republic of Iran, freedom, independence, unity, and territorial integrity are inseparable from each other and it is the duty of the government and the people to preserve them. No individual, group, or authority has the right to violate the freedom, political, cultural, economic, military, and territorial integrity of Iran, and no authority has the right to deprive legitimate freedoms, even with the establishment of laws and regulations, in the name of preserving the independence and territorial integrity of the country.” Therefore, no natural or legal person has the right to trample on the rights of others. However, when military service is mandatory, we are essentially ignoring the fundamental rights of the individual and as a result, we are limiting and depriving their legitimate freedoms.

During the reign of Reza Shah, when the law of mandatory military service was passed and implemented, some scholars, such as Ayatollah Nurullah Isfahani (one of the prominent scholars of the Constitutional era), rose up against it and were eventually killed through a conspiracy by the government at the time. At that time, the members of the Tehran seminary wrote in a letter: “All the respected gentlemen, the scholars of Islam and the fortresses of faith, have refrained from personal matters and certain occupations, and are unanimously standing against any laws that go against the sacred laws of Islam, especially in the case of mandatory military service, which is extremely unbearable and exhausting. It is hoped that with the help of the holy beings (the infallible Imams) and their complete seriousness and insistence, this oppressive and destructive law will be abolished and eliminated.” (4)

Notes:

1. Rain behind the walls of the barracks, newspaper of events, issue 471, 17 August 2017.

2. Anisi, Jafar and others, “Investigating the prevalence of suicidal thoughts and related factors among soldiers in Tehran: 1385, Military Medicine Journal, No. 2 (Volume 8), pp. 118-113.

3. Maddahi, Ali, Labor Rights, Tehran: 1396, Ava Publishing.

4. The Constitutional Messages, Volume One, Chapter Three, Messages of Haj Agha Nurallah Esfahani, Tehran: 1374, Institute for Social Sciences.

5. For more information, please visit the official website of the conscription and compulsory service system.