"State Religion" in the Iranian Legal System: Concept, Function, and Implications

Document Type : Research Paper

Authors

1 M.A. Student in Human Rights law, Shahid Beheshti University, Tehran, Iran

2 Public Law Professor in Shiraz University

10.22099/jls.2024.49603.5124

Abstract

Religion, as a social construct, has persisted across diverse cultural societies over time. Despite transformations in its role, religion remains intertwined with politics, evident in the notion of "official religion" embedded within political and legal frameworks. This concept, reflecting the presence of religion in power structures, emerged alongside the evolution of public rights and constitutional governance. The interplay between religious norms and governance has delineated explicit or implicit roles for official religion, shaping both political and legal spheres. This study aims to explore the interpretation and impact of official religion within contemporary legal systems. By examining its constitutional registration as a product of modern governance, the authors demonstrate the expanding influence of official religions beyond politics into the realms of public and private law. The integration of religion into constitutional frameworks prompts debates on governance efficacy and the balance between freedoms and restrictions. This article seeks to dissect the incorporation of religion into constitutional structures and its ramifications within legal systems, particularly focusing on the Islamic Republic of Iran. Through a descriptive-analytical approach and library research methodology, it delves into the historical context, diverse interpretations of official religion, and challenges posed by its formalization. The study also scrutinizes the operationalization of official religion within Iran's legal framework and its implications for judicial processes.

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Main Subjects

Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 22 May 2024

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