Document Type
Article
Publication Date
Fall 1997
Abstract
The first area of discussion is the structure of each government system. This analysis not only sets the legal framework for later analysis, but demonstrates how both Israel and Iran have brought religion into the very fabric of their legal institutions.The second area of analysis in Part II focuses on the principles of sovereignty and constitutional interpretation utilized by each State. Familiarity with these concepts is necessary in order to learn which religious principles, if any, are incorporated into each nation's general legal environment. These principles, which are implicitly understood by members of the society, are often unstated in judicial opinions or legislative enactments and can confuse outside analysts who fail to understand the framework in which laws are created and interpreted by the State.The third area of study involves personal rights. This section discusses what is often called “family law” and includes issues concerning marriage, divorce, abortion, and the rights of women, children, and homosexuals. The use of the term “personal rights” is conscious and is meant to convey the idea that many of the legal questions that fall under the “family law” rubric often have little to do with familial relationships per se and more to do with individual life choices. However, as shall be seen, the group rights approach to law currently utilized in both Israel and Iran may tend to negate the emphasis on individual rights and choice that is prevalent in the West.The fourth area of consideration in Part II concerns education, an area vital to both the State and parents. Because both parents and the State see education as highly important, conflicts over the structure and form of education can become quite heated and can be among the most difficult to resolve. After identifying and analyzing the laws themselves in Part II, this article discusses in Part III the extent to which Israeli and Iranian laws comply with international human rights conventions concerning religious rights. Since both Israel and Iran follow a group rights approach to law, Part III also considers whether Israel and Iran's religio-legal regimes can be legitimated by reliance on group rights theory. After identifying whether and to what extent the two States have infringed upon their citizens' religious rights, Part III addresses the question of whether these infringements tend to increase or decrease the potential for violence within and between societies.The article concludes by discussing where each nation is heading in terms of religion and law and by offering suggestions as to what each nation, and indeed any nation, should do to create an optimal religious rights framework.
Recommended Citation
S.I. Strong, Law and Religion in Israel and Iran: How the Integration of Secular and Spiritual Laws Affects Human Rights and the Potential for Violence, 19 Mich. J. Int'l L. 109 (1997)