Monday, November 5, 2012

Religion Provisions of the Libyan Interim Constitution of 2011

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."

Below are the religion provisions of the 2011 Interim Constitution authored by the Transitional National Council.  It creates Islam as the established religion of the country, while still purporting to guarantee freedom of religion for worshippers of other faiths.  Note that this document may have been superseded.

Libyan Interim Constitution 2011

--authored by Transitional National Council


In the Name of God, the Merciful, the Compassionate

can bring up the new generations according to the Islamic spirit

Established Religion

Article 1:  Islam is the Religion of the State and the principal source of legislation is Islamic Jurisprudence (Shari'a).

Religious Freedom

Article 1:  The State shall guarantee for non-Moslems the freedom of practicing religious rituals

Equal Protection Religion

Article 6  Libyans shall be equal before the law. They shall enjoy equal civil and political rights, shall have the same opportunities, and be subject to the same public duties and obligations, without
discrimination due to religion, doctrine, language, wealth, race, kinship, political opinions, and social status, tribal or eminent or familial loyalty.

Ceremonial Deisms

Article 7  The State shall endeavor to promulgate new charters which shall honor the human being as being God's successor on Earth.

Article 19  The President of the Interim Transitional National Council shall take oath before the Council and the members of the Interim Transitional National Council shall take oath in the following formula :
“I swear by Almighty God to carry out the duties of my job honestly and truthfully, to remain
faithful to the goals and principles of the Interim Transitional National Council in Libya, to
respect the constitutional charter and internal statutes thereof, to look after the interests of the
Libyan people in full and to safeguard the independence, security and unity and territorial
integrity of the motherland."

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