Criticism and review of the document of the General Board of the Court of Administrative Justice regarding the prohibition of pig breeding by non-Muslims (dealing with the cancellation letter No. 302034 dated 10/10/1381 of the Central Licensing Commi

Khodaee Bonab, Abolfazl; Mansourian, Mostafa

doi:10.22106/jcr.2024.1989383.1443

Criticism and review of the document of the General Board of the Court of Administrative Justice regarding the prohibition of pig breeding by non-Muslims (dealing with the cancellation letter No. 302034 dated 10/10/1381 of the Central Licensing Commi

Authors

abolfazl khodaee bonab ¹

Mostafa Mansourian ²

¹ University of Judicial Sciences and Administrative Services

² Assistant Professor of Public Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

10.22106/jcr.2024.1989383.1443

Abstract

The Constitution of the Islamic Republic of Iran has mentioned the rights of religious minorities in some of its principles, and the holy law of Islam has also accepted the treatment of non-Muslims according to humane principles and Islamic justice. Buying and selling pigs for non-Muslims is not prohibited by Sharia, and according to the holy Sharia of Islam, such transactions between Dhimma people are correct, because they believe in its validity. In the matter presented by the General Board of the Court of Administrative Justice, in its decision No. 857/87, after obtaining the opinion of the jurists of the Guardian Council, it did not consider the banning of the issuance of pig breeding licenses against the standards of Sharia, and by this, the General Board of the Court argued that there is a case for annulment of the disputed resolution. does not have. This article tries to criticize and review this document with a descriptive-analytical approach. The noteworthy point in this regard is that the competent authority to deal with the matter, due to the specific nature of the decision, was the Court's branches and not the general board. Irrespective of this issue, the request to deal with the matter either in the branches of the Court or the General Board, was not simply due to the contradiction of the Shari'a of the matter, in which the opinion of the jurists of the Guardian Council is decisive, and therefore it was necessary to deal with this matter by the Court from other aspects as well. This is despite the fact that the judgment issued by the court did not have any arguments or references to the principles of the constitution or articles of the relevant laws, and on the other hand,

Keywords

religious minorities

the principle of legitimate expectation

the principle of stability of administrative decisions

pig farming

Central Licensing Commission

Ministry of Agricultural Jihad

Subjects