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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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