Tuesday, November 20, 2012

Religion Provisions of the Maldives Constitution (2008)

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."
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The 2008 Maldives Constitution is the foremost example of so-called "theocratic constitutionalism."  An established religion, Islam, permeates the text through and through, affecting everything from citizenship to capacity to hold public office to rights and more.



Maldives Constitution 2008



Established Religion

Article 2.  The Maldives is a sovereign, independent, democratic Republic based on the principles of Islam

10. (a) The religion of the State of the Maldives is Islam. Islam shall be the one of the basis of all the laws of the Maldives
(b) No law contrary to any tenet of Islam shall be enacted in the Maldives

16. (a) This Constitution guarantees to all persons, in a manner that is not contrary to any tenet of Islam, the rights and freedoms contained within this Chapter, subject only to such reasonable limits prescribed by a law enacted by the People’s Majlis in a manner that is not contrary to this Constitution.

19. A citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shari’ah or by law. No control or restraint may be exercised against any person unless it is expressly authorised by law.

27. Everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of Islam.

67. The exercise and enjoyment of fundamental rights and freedoms is inseparable from the performance of responsibilities and duties, and it is the responsibility
of every citizen:
(g) to preserve and protect the State religion of
Islam,

70. (a) The legislative authority of the Maldives shall be vested in the People’s Majlis.
(b) The law making powers of the People’s Majlis pursuant to article (a), includes the following powers:
2. the enactment of legislation with regard to any matter, or the amendment or
repeal of any law, which is not inconsistent with any tenet of Islam;
(c) The People’s Majlis shall not pass any law that contravenes any tenet of Islam.

90. (a) No member or other person shall be liable to any proceedings in any court, and no person shall be subject to any inquiry, arrest, detention or prosecution, with respect to anything said in, produced before, or submitted to the People’s Majlis or any of its committees, or with respect to any vote given if the same is not contrary to
any tenet of Islam.

100. (a) The People’s Majlis, by a resolution, may remove the President or the Vice President from office only on the grounds of:
1. direct violation of a tenet of Islam, the Constitution or law;

142. The Judges are independent, and subject only to the Constitution and the law. When deciding matters on which the Constitution or the law is silent, Judges must
consider Islamic Shari’ah.

Religious Limitations

9(d) Despite the provisions of article (a) a non-Muslim may not become a citizen of the
Maldives.

73. (a) A person elected to be a member of the People’s Majlis shall be so qualified if he:
1. is a citizen of the Maldives;
2. is not a citizen of a foreign country;
3. is a Muslim and a follower of a Sunni
school of Islam;

109. A person elected as President shall have the following qualifications:
(a) be a Maldivian citizen born to parents who are Maldivian citizens, and who is not also a citizen of a foreign country;
(b) be a Muslim and a follower of a Sunni school of Islam;

130. (a) A person shall be qualified to be a member of the Cabinet if he:
1. is a citizen of the Maldives;
2. is not a citizen of a foreign country;
3. is a Muslim and a follower of a Sunni school of Islam;

149. (b) In addition to the qualifications specified in article (a), a Judge shall possess the following qualifications:-
1. be a Muslim and a follower of a Sunni school of Islam;

Religious Education

36(c)  Education shall strive to inculcate obedience to Islam, instil love for Islam, foster respect for human rights, and promote understanding, tolerance and friendship among all people.

Miscellaneous

274.  “tenet of Islam” means, the Holy Qur’an and those principles of Shari’ah whose provenance is not in dispute from among those found in the Sunna of the Noble Prophet, and those principles derived from these two foundations;

“Islamic Shari’ah” means, the Holy Qur’an and the ways preferred by the learned people within the community and followers of the Sunnah in relation to criminal, civil, personal and other matters found in the Sunna;

Ceremonial Deisms

Schedule 1

1. OATH OF OFFICE OF PRESIDENT
I, …(name of person)…, do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge the duties and responsibilities of the office of President honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.
2. OATH OF OFFICE OF VICE PRESIDENT
I, …(name of person)…, do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge the duties and responsibilities of the office of Vice President honestly and faithfully in accordance with the Constitution and laws of the
Republic of Maldives.
3. OATH OF OFFICE OF MEMBERS OF THE CABINET
I, …(name of person)…, do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge the duties and responsibilities entrusted to me by the President and my duties and responsibilities as Cabinet Minister/ Attorney General
honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.
4. OATH OF OFFICE OF MEMBERS OF THE PEOPLE’S MAJLIS
I, …(name of person)…, do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge my duties and responsibilities as a member of the People’s Majlis honestly and faithfully in accordance with the Constitution and the laws of the Republic of Maldives.
5. OATH OF OFFICE OF CHIEF JUSTICE AND JUDGES
I, …(name of person)…, do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution and the laws of the Republic of Maldives, that I will uphold the fundamental rights of the Maldivian citizens and will discharge the duties and responsibilities of Chief Justice/ Judge honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.
6. OATH OF OFFICE OF MEMBERS OF INDEPENDENT COMMISSIONS AND
INDEPENDENT OFFICES
I, …(name of person)…, do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives, that I will bear true faith and allegiance to the Maldives, that I will uphold the fundamental rights of the Maldivian citizens and will discharge the duties and responsibilities of Auditor General/
Prosecutor General/ membership of the Elections Commission/ membership of the Judicial Service Commission/ membership of the Human Rights Commission/ membership of the Civil Service Commission/ membership of the Anti-Corruption Commission honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.

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