A fundamental reading of citizens' right to choose their place of residence and its reform requirements in Article 33 of the Constitution

Soleyman Kolvanaq, Amin; Kaabi, Abas; Keshtgar, Amir

doi:10.30497/sj.2025.245283.1312

A fundamental reading of citizens' right to choose their place of residence and its reform requirements in Article 33 of the Constitution

Document Type : Original Article

Authors

amin soleyman kolvanaq ¹

abas kaabi ²

amir keshtgar ³

¹ university of qom

² ...

³ ..

10.30497/sj.2025.245283.1312

Abstract

One of the types of basic rights of citizens that have been prepared in international documents and recognized according to different political systems is "the right to choose the place of residence"; which the constitutional legislator of the Islamic Republic of Iran has also stated in Article 33. Considering that it is appropriate that this establishment of the legislature is compatible with Islamic texts, the main question of interest is "What is the status of the freedom of Article 33 in terms of the foundations and evidence of legitimacy in Islamic texts and, if necessary, what is the need for reform when the Constitution is revised?" Is?" In order to answer this question by referring to the Qur'an and narrations and with a descriptive and analytical approach, the conclusion was reached that this right is mentioned in the verses of the obligation to use the right to choose one's place of residence - verses 56 of Surah Ankabut and 97 of Surah Nisa - and verses of recommendation Jihad against those who limit the freedom of the original stance - verses 39 and 40 of the blessed Surah Hajj - and also in the words of the Holy Prophet (PBUH) and Commander of the Faithful (PBUH) have been emphasized. While examining the Qur'anic and narrative bases, it was concluded that the expression of freedom to choose the place of residence is a comprehensive title that includes other definitions used in the original and there...

Keywords

Article 33

freedom

coercion

residence

Islamic human rights