A Critical, Explanatory and Amendatory Reflection on Principles and Legal Provisions of Personal Status of Religious Minorities in Iran's Law

According to the articles number 12th and 13th of Iran's constitution law, the authority, jurisdiction and governance of official religious laws on personal status of non-Shia Iranians is clear as an exception to Article 6 of the Civil Code, where the parties are adherents of a religion. But the constitution law falls silent about the law governing the personal status of non-Shia Iranians who follow different religions. Nonetheless under the single Act approved in August 1312 called "permission to respect the personal status of non-Shi'a Iranians", its mandate is stated. It is certainly that the scope of this single act is where both parties are Muslims or non-Muslims. But regarding its inclusion it is doubtful on cases where one side is Muslim and non-Muslim on the other hand, especially if the Muslim side is Shia. But more importantly, questions and doubts about a single article originally goes back to the proposed solutions which essentially with what reasons in the above mentioned cases religious laws of a husband, stepfather or stepmother and the deceased have been declared qualified and authorized. And how much these solutions are compatible with the logic governing the legislation in the Islamic Republic of Iran? This paper by referring to the background of the situation concerning personal status of religious and faith minorities investigates the above questions and a few minor questions and the weaknesses and ambiguities of the current Iran's constitution law and finally ends with some amendatory suggestions.