نوع مقاله : مقاله پژوهشی
1 استاد فقه حوزه علمیه و دانشگاه علامه طباطبایی
2 فارغ التحصیل سطح ۳ فقه و اصول جامعه الزهرا، کارشناسی ارشد حقوق خصوصی، قم، ایران
عنوان مقاله [English]
The type of interaction of any state with other religions and religions indicates that the government's relation to the people and human rights. Therefore, besides determining the official religion of the country, the rights of religious and religious minorities, as well as the possibility of informal religious rules in the lawsuit called legal density, have also been a place of conflict. One of the discussions at the time of Iran's constitution was to determine the official religion of the country, along with the rights of other religions. Article July 1312 has obliged the courts to enforce the rules and habits of non -Shiite Iranians, but the law in three categories of relations, including "non -Shiite and non -Shiite parties" and "Shiite". And the claimant of Shiite »can be examined for conflict of rights. In this study, which is conducted using a descriptive-analytical method, the resolution of the conflict of these relationships has been examined. The law governing the personal status of the non -Shiite parties shall be subject to non -opposition to the public order, the regulation on the basis of expediency, and the need to refer to civil law in cases of disagreement, as well as the principle in the personal status of the Shiite and non -Shiite parties, citing the requirement, Numerous advisory theories of the judiciary and the International Covenant of Civil and Political Rights are respect for the rights of minorities, which must be referred to this principle in doubt. In the case of the law governing the personal status of the Shiite and Shiite claimants on the conflict of law, the appropriate sentence will also be issued.