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Appendix 1 - Religion of the State, Source Law, and Repugnancy Clause Provisions among Muslim-Majority Countries

Published online by Cambridge University Press:  04 August 2018

Tamir Moustafa
Tamir Moustafa
Affiliation:
Simon Fraser University, British Columbia

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Constituting Religion
Islam, Liberal Rights, and the Malaysian State
 , pp. 159 - 163
Publisher: Cambridge University Press
Print publication year: 2018
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NCCreative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/cclicenses/

Appendix 1 Religion of the State, Source Law, and Repugnancy Clause Provisions among Muslim-Majority Countries

CountryYear of Constitution (Most recent Amendment)Religion of State ProvisionSource Law or Repugnancy Provision
Afghanistan2004Article 2: “The sacred religion of Islam is the religion of the Islamic Republic of Afghanistan … ”Article 130: “In cases under consideration, the courts shall apply provisions of this Constitution as well as other laws. If there is no provision in the Constitution or other laws about a case, the courts shall, in pursuance of Hanafi jurisprudence, and, within the limits set by this Constitution, rule in a way that attains justice in the best manner”
Algeria1989Article 2: “Islam shall be the religion of the State.”Article 9: “The institutions shall not indulge in: […] practices contrary to Islamic morals and the values of the November Revolution”
(2008)
Bahrain2002Article 2: “The religion of the State is Islam … ”Article 2: “ … The Islamic Shari’a is a principal source for legislation … ”
(2012)
Bangladesh1972Article 2A: “The state religion of the Republic is Islam … ”None
(2014)
Brunei Darussalam1956Part II (3.1): “The official religion of Brunei Darussalam shall be the Islamic Religion … ”None
(2006)
Comoros2001Preamble: “The Comorian people solemnly affirm their will to draw from Islam, the religion of the state, the permanent inspiration of the principles and rules that govern the Union”Preamble: “The Comorian people solemnly affirm their will to draw from Islam, the religion of the state, the permanent inspiration of the principles and rules that govern the Union”
(2009)
Djibouti1992Article 1: “Islam is the Religion of the State … ”None
(2010)
Egypt2014Article 2: “Islam is the religion of the State … ”Article 2: “ … Islamic jurisprudence is the principal source of legislation”
Iran1979Article 12: “The official religion of Iran is Islam and the Twelver Ja’farî school … and this principle will remain eternally immutable … ”Preamble: “ … Legislation setting forth regulations for the administration of society will revolve around the Qur’an and the Sunnah. …”
(1989)
Iraq2005Article 2: “Islam is the official religion of the State … ”Article 2: “Islam is the official religion of the State and is a foundation source of legislation:
A. No law may be enacted that contradicts the established provisions of Islam
B. No law may be enacted that contradicts the principles of democracy.
C. No law may be enacted that contradicts the rights and basic freedoms stipulated in this Constitution”
Jordan1952Article 2” “Islam is the religion of the State and Arabic is its official language”Article 105: “The Sharia Courts alone shall have the jurisdiction – in accordance with their own laws – in … Matters of personal status of Moslems … ”;
(2016)Article 106: “Sharia Courts shall in their jurisdiction apply the provisions of the Sharia”
Kuwait1962Article 2: “The religion of the State is Islam and Islamic Law shall be a main source of legislation”None
(1992)
Libya2011Article 1: “Islam shall be its religion … ”Article 1: “Islamic Shari’a shall be the main source of legislation … ”
(2012)
Malaysia1957Article 3 (1): “Islam is the religion of the Federation … ”None; but Schedule 9, List 2 of the Malaysian Constitution details specific areas of law that fall under the purview of state-level religious councils and shariah courts.
(2007)
Maldives2008Article 10 (a): “The religion of the State of the Maldives is Islam … ”Article 10 (a): “ … Islam shall be the one of the [sic] basis of all the laws of the Maldives”;
Article 10 (b): “No law contrary to any tenet of Islam shall be enacted in the Maldives”
Also see Article 70 (b) and Article 142
Mauritania1991Article 5: “Islam is the religion of the people and of the State”None
(2012)
Morocco2011Article 3: “Islam is the religion of the State … ”None
Oman1996Article 2: “The religion of the State is Islam … ”Article 2: “ … Islamic Sharia is the basis for legislation”
(2011)
Pakistan1973Article 2: “Islam shall be the State religion of Pakistan”Article 227 (1): “All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such Injunctions”
(2015)Also see Articles 203D, 203DD, and 230
Qatar2003Article 1: “Qatar is an Arab State, sovereign and independent. Its religion is Islam … ”Article 1: “ … Islamic Law is the main source of its legislations … ”
Saudi Arabia1992General Principles: Article 1: “The Kingdom of Saudi Arabia is a sovereign Arab Islamic State. Religion: Islam … ”Article 1: “Constitution: The Holy Qur’an and the Prophet’s Sunnah (traditions)”;
(2013)Article 7: “The regime derives its power from the Holy Qur’an and the Prophet’s Sunnah which rule over this and all other State Laws”;
Also see Articles 8, 23, 26, 48
Somalia2012Article 2.1: “Islam is the religion of the State”Article 2.3: “No law which is not compliant with the general principles of Shari’ah can be enacted”;
Article 3.1: “The Constitution of the Federal Republic of Somalia is based on the foundations of the Holy Quran and the Sunna of our prophet Mohamed (PBUH) and protects the higher objectives of Shari’ah and social justice”;
Article 4.1: “After the Shari’ah, the Constitution of the Federal Republic of Somalia is the supreme law of the country. It binds the government and guides policy initiatives and decisions in all departments of government”
Sudan2005NoneArticle 5.1: “ … the Northern states of the Sudan shall have as its sources of legislation Islamic Sharia and the consensus of the people”
Syria2012NoneArticle 3: “ … Islamic jurisprudence shall be a major source of legislation … ”
Tunisia2014Article 1: “Tunisia is a free, independent, sovereign state; its religion is Islam, its language Arabic, and its system is republican”None
United Arab Emirates1971 (2009)Article 7: “Islam is the official religion of the UAE … ”Article 7: “ … The Islamic Shari’a is a main source of legislation in the UAE … ”
Yemen2001Article (2): “Islam is the religion of the state … ”Article (4): “Islamic Shari’ah is the source of legislation … ”
(2015 draft)
Data Source: The Comparative Constitutions Project www.constituteproject.org/ last accessed September 28, 2017.

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