Monday, June 3, 2013

Religion Provisions of the Constitution of Qatar

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 Constitution of Qatar contains a straightforward statement that the country's established religion is Islam.  The document does contain a standard equal protection clause and a religious freedom provision that is somewhat weak due to the exceptions provided.

Qatar

Established Religion

 Article 1 
Qatar is an independent sovereign Arab State. Its religion is Islam and Shari'a law shall be a main source of its legislations.

Ceremonial Deism

Article 10 
The Heir Apparent, on his appointment, shall take the following of oath: 
( I swear by Almighty God to respect Sharia law, the Constitution and the law, maintain the independence of the State and safeguard its territorial integrity, defend the freedom and interests of its people, and be loyal to the State and the Emir).

Article 74 
The Emir shall take the following oath prior to the discharge of his functions in a special session convened by Al-Shoura Council: 
The Emir shall take the following oath prior to the discharge of his functions in a special session convened by Al-Shoura Council: 
(I swear by Almighty God to respect Sharia law, the Constitution and the law, protect the independence of the State, safeguard its territorial integrity, and defend the freedom and interests of its people).

Article 92  Prior to the discharge of their duties before Al-Shoura Council and in an open session, the Members shall take the following oath: 
(I swear by the Almighty God to be loyal to the country and to the Emir, respect Sharia law, the Constitution and the law, and safeguard the interests of the people and perform my duties with honesty and integrity).

Article 119 Prior to the discharge of their duties before Al-Shoura Council and in an open session, the Members shall take the following oath: 
(I swear by the Almighty God to be loyal to the country and to the Emir, respect Sharia law, the Constitution and the law, and safeguard the interests of the people and perform my duties with honesty and integrity).

Equal Protection of Religion

Article 35 
All persons are equal before the law and there shall be no discrimination whatsoever on grounds of sex, race, language, or religion.

Religious Freedom

Article 50 

Freedom to practice religious rites shall be guaranteed to all persons in accordance with the law and the requirements of the maintenance of public order and morality.

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