چكيده لاتين
Fiqh of nations and sects (Fiqh al-Milal wa al-Nahl) is a relatively new interdisciplinary field that continues to evolve. Research on this topic remains scarce. This field studies the legal rulings regarding nations, sects, and religions. One significant aspect of this discipline is the family law rights of different religious and sectarian groups. Scholars have varying views on the family rights of these groups, and while studying all their perspectives is beyond the scope of this research, one prominent contemporary scholar is Imam Khomeini (ra). Imam Khomeini’s (ra) jurisprudential views led to the establishment of the Islamic government in Iran. His legal opinions have gained international dimensions and have been subject to critique and evaluation from both supporters and adversaries. A correct interpretation of Imam Khomeiniʹs (ra) views is undeniably essential, and this task is one of the responsibilities of scholars in both seminary and academic institutions.
This research is focused on the question: How does Imam Khomeini (ra) view the family rights of nations and sects? To answer this question, a documentary and library-based method was used to study Imam Khomeini’s (ra) works and the laws of the Islamic Republic of Iran. Efforts were made to extract the family rights of nations and sects from his views. Given that the Iranian Constitution is derived from Islamic teachings and the fatwas of Imam Khomeini (ra), the family-related laws in the Islamic Republic of Iran closely align with his beliefs. In other words, Imam Khomeini’s (ra) works and the laws of the Islamic Republic of Iran concerning family rights are primary sources for this research.
The findings of this research show that Imam Khomeini’s (ra) civil, ethical, and universal worldview prevails over his more technical and detailed jurisprudential approach. In his perspective, principles such as the principle of protection, the principle of exemption, the principle of equality, the principle of dignity, the principle of citizenship, the principle of freedom, the principle of legitimacy, the principle of brotherhood, the principle of participation, the principle of sovereignty, and the principle of expediency, among others, constitute the framework through which the family rights of nations and sects are realized.
Another key finding is that the Constitution of the Islamic Republic of Iran, which is founded on Islamic law and the fatwas of its founder, Imam Khomeini (ra), not only ensures that no injustice is done to nations and sects, but also designs laws that provide a conducive environment for the realization of the rights of nations and sects. Furthermore, it includes laws that prevent any form of oppression against them. Prominent principles and laws include the principles of citizenship, freedom, social justice, human dignity, peaceful coexistence, tolerance, social and political participation, public security, advocacy, the right to legal redress, and collective responsibility. In addition to the Constitution, there are various ordinary laws that specifically address the rights of nations and sects, including the law on personal status, prison regulations, family protection laws, judicial laws, and citizenship laws. Furthermore, Iran, by being a member of international organizations like the United Nations, adheres to all the rights concerning minorities and nations and sects.
