Can a Zoroastrian be a representative of Muslims in Iran?

Majlis, the Iranian Parliament, has five separate reserved seats for religious minorities out of a total of 270 seats. Iranian Christians have three of these reserved seats, while Zoroastrians and Jews have one each.  Sunni Muslims are not considered a religious minority and they can run for all seats of the Majlis. Non-Muslims cannot run for the general seats in the Majlis as they do not believe in the ideology (Islam or Shiite Islam) of the Iranian state. High officials of the state have to be Muslim.

Source: Radio Farda

However, non-Muslims have participated in elections at the local level and been elected to the general seats (i.e. seats not reserved for minorities). One such election is now causing controversy in Iran as the conservative judiciary and moderate politicians fight to prevail. An excerpt from an article on the controversy is given below:

The election of Sepanta Niknam, a Zoroastrian, as a city council member in the central Iranian town of Yazd has become the topic of hot debate on the country’s political stage. While the Guardian Council says religious minorities cannot be representatives of Muslim-majority constituencies, the administration of President Hassan Rouhani and the parliament think otherwise.

It should be noted that Niknam has already served one full term as city councilor in Yazd from 2013-2017. However, following his re-election in the May 19 municipal polls, a defeated conservative candidate filed a complaint on the grounds of Niknam's religion, arguing that it was against Iran's constitution for a member of a religious minority to make decisions on behalf of the whole population of a Muslim-majority city. The complaint prompted the Court of Administrative Justice to issue an order suspending Niknam’s membership to the city council, basing its decision on an earlier letter by Ayatollah Ahmad Jannati, the ultra-conservative head of the Guardian Council, which is the clerical body that vets candidates for elections.

So where did the story begin? On April 15, about one month before Iran’s local and presidential elections, Jannati issued a directive demanding that non-Muslims be disqualified from running in the then-upcoming city and village council elections in localities where most of the population are Muslims. His order was met with different reactions from Iran’s political groups, with many voicing opposition to such a measure.
However, since city council elections — contrary to presidential and parliamentary polls — are not supervised by the Guardian Council and a parliamentary delegation oversees the vetting of the candidates for these elections, Jannati’s directive was never implemented. Thus, many religious minorities participated in the May 19 municipal vote and won, including Niknam.

A few months later, on Oct. 9, Yazd City Council Chairman Gholamali Sefid said he had been ordered by the governor of Yazd to suspend Niknam’s membership to the city council in accordance with a ruling by the Court of Administrative Justice. However, Sefid announced his refusal to implement the order two days later, on Oct. 11, and insisted that he would resign from his post if the suspension was not revoked.
Reformists strongly criticized the Guardian Council decision, calling it illegal. Many political figures asked that parliament step in and revoke Jannati’s order. Even parliamentary speaker Ali Larijani, himself a Principlist, opposed the decision.

In a meeting with Yazd city councilors on Oct. 18, Larijani said, “I said from the start that we do not approve of this method. In my talks with Ayatollah [Ahmad] Jannati, the honorable secretary of the Guardian Council, I emphasized that local councils should be handled according to the law. … The Court of Administrative Justice getting involved in the matter has not been a timely move either, and I mentioned this point to the judiciary as well.” Larijani added, “If this matter is not resolved, we have no choice other than to refer it to the Expediency Council for a final resolution.”

Also on Oct. 18, Guardian Council spokesman Abbas-Ali Kadkhodaei said that Jannati’s ruling was unchangeable and its implementation mandatory: “Anytime one of the Guardian Council jurists sees a measure that is against Islamic law [Sharia], he can step in and say so. Those who object to this have no knowledge of the laws and want to look at the issue from an expediency perspective.”

This was not the end of the story. On Oct. 24, hard-line cleric Ayatollah Mohammad Yazdi, Iran’s former judiciary chief (1989-99) and a current member of the Guardian Council, announced that “the jurists in the [Guardian] Council have unanimously voted for the suspension of Sepanta Niknam, the Zoroastrian member of the Yazd City Council. This is a decision that is lawful, in accordance with Islamic laws, definite and nonretractable. No one can revoke this law.” He then warned that any attempts to overturn this ruling would be “a fight against the principle of the Islamic Republic of Iran, which the establishment surely would not tolerate.”

According to the constitution of the Islamic Republic of Iran, followers of Judaism, Christianity and Zoroastrianism are each allowed to have a representative in parliament. But what does the Iranian Constitution say about city councils? Based on Article 91 of the constitution, the Guardian Council is responsible for examining the compatibility of the legislation passed by the Islamic Consultative Assembly (parliament) with Islam. However, Article 94 of the constitution sets a time frame for how long the Guardian Council has the liberty to comment on a piece of legislation. Based on this article, “All legislation passed by the Islamic Consultative Assembly must be sent to the Guardian Council. The Guardian Council must review it within a maximum of 10 days from its receipt with a view to ensuring its compatibility with the criteria of Islam and the constitution. If it finds the legislation incompatible, it will return it to the assembly for review. Otherwise, the legislation will be deemed enforceable.” This is while city council elections were held on May 19, 2017, with results being announced a few days after.

With rising controversy, the Rouhani administration was soon pulled into the issue as well. On Oct. 25, Shahindokht Molaverdi, the president’s special aide on citizens’ rights, said, “There is no legal prohibition against Sepanta Niknam’s membership of the Yazd City Council — neither from a citizen’s rights point of view nor in regard to any other law.”

Rest of the article can be read here. 

Music Concerts: Tussle between Reformist Government and Conservative Judiciary

President Rouhani's government has been struggling to keep its promises. Not only the economic benefits of the nuclear agreement have been slow to materialize, the judiciary, revolutionary guards and other levers of government controlled by the hard conservatives have also stymied all attempts to allow a more open cultural space. President's Minister of Culture and Islamic Guidance, Ali Jannati has faced resistance from hardliners from day one. Ali is certainly not an outsider as he is the son of Ahmad Jannati, the ultra-conservative Ayatollah Ahmad Jannati, chairman of both the Assembly of Experts and the Guardian Council. Heading both these bodies at the same time makes Ayatollah Jannati the third most powerful political player (after Supreme Leader Khamenei and President Rouhani) in Iran. Ali Jannati views are, however, very moderate as compared to his father and aspire to lessen religious restrictions imposed on Iranian society and culture. In January 2014, he said to Al Jazeera:

President Hassan Rouhani is making more room for freedom of the press for the publishing sector and the film industry and we are trying to create a more open atmosphere for artists...Certainly there are elements inside Iran who are opposed to any kind of talks with the West, I believe that after signing of the agreement and considering the broad support that the people of Iran have given the president, these elements have retreated to a great extent.

    A concert in Tehran by a Korean pop group in May 2016

The latest controversy in this Iranian culture war is about holding of concerts which the hardliners oppose. The reformists, on the other hand, consider them an innocuous entertainment or a way to revive Iranian music and culture. Minister Jannati has tried to walk a fine line and, unsurprisingly, no one is happy. Rohollah Faghihi writes in Al-Monitor:

During the past decade, concerts have rarely made waves, but ever since Rouhani took office, concert organizers have repeatedly faced obstruction and consequent cancellation. To avoid concert cancellations, which damage Rouhani’s approval ratings, the administration has issued a circular to prevent other state bodies such as the judiciary and the police from calling them off. The circular states that police are not allowed to stop concerts. Jannati has said that based on the new law, singers are to request permission to hold a concert from the Ministry of Culture, while the police are only to deal with traffic around the venue. In response, the deputy head of Iran’s armed forces, Gen. Masoud Jazayeri, ordered police to continue “dealing with ethical and misbehavior anomalies in places, including concert venues.”

Mashhad has led the Iranian major cities in concert cancellations. Many Iranians think Mashhad as the religious capital of Iran because of the mausoleum the eighth Shiite imam Imam Reza, the only mausoleum of a Shiite Imam in Iran (others consider Qom because of its seminaries, Ayatollahs, and the mausoleum of Imam Reza's sister, Fatemeh Masomeh). Jannati was not happy and said on August 8 after the latest cancellations, 'This will be costly for the judiciary...We should talk with high-ranking officials in the judicial system to resolve the issue. It is not possible for a province not to act under the law. A province is not a separate island.' The Interior Minister Abdolreza Rahmani Fazli supported Ali and wrote a letter to the Judiciary questioning the cessation of all music concerts in Mashhad. Addressing the Chief of Judiciary Ayatollah Sadegh Larijani on August 7, he argued, 'We cannot prejudge the intentions [of musicians] and base decisions on the possibility that something will go wrong during all concerts. That would not be right.' 

These arguments led to a serious rebuttal from the hardliners and the Judiciary. Ayatollah Ahmad Alamolhoda, the hardline Friday prayer leader of Mashhad and representative of the Iranian Supreme Leader, compared the sanctity of Rome and Mashhad and said on August 12, 'We should know that we live in the city where Imam Reza is buried. It is not possible to hold concerts in the city of Imam Reza, and we shouldn’t argue with people and some narrow-minded officials regarding this. If you want a concert, go live somewhere else.' Ali Jannati backed out after this comment and said that the ministry was not going to support holding concerts in Mashhad. Now, it was the turn of reformers to criticize Ali. President Rouhani, Deputy parliament Speaker Ali Motahari and the moderate newspaper Jomhuri Eslami all condemned Ali's retreat. President Rouhani said, 'As far as I am concerned, no minister should give in to any pressure...We have the Islamic parliament. If a law is going to be adopted, lawmakers will pass it.' A letter endorsed by five thousand artists and other people in the Iran's music industry was also published which called the ban on concerts in Mashhad as a 'catastrophe that sacrifices music today, and the rest of the culture and the reputation of this country tomorrow.'

It appears that the conservative hardliners have won this battle of the culture war but this may be a temporary victory.