Osservatorio delle libertà ed istituzioni religiose

Olir

Osservatorio delle Libertà ed Istituzioni Religiose

Costituzione 07 agosto 2008

The Maldives is a unitary, sovereign, independent democratic republic
based on the principles of Islam (art. 2). A non-Muslim may not become
a citizen of the Maldives (art. 9.d). 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. No law contrary to any tenet of Islam shall be
enacted in the Maldives (art. 10). The Constitution guarantees to all
persons, in a manner that is not contrary to any tenet of Islam, the
rights and freedoms contained within the Chapter II (art. 11).
Everyone is entitled to the rights and freedoms included in the
Chapter II without discrimination of any kind, including race,
national origin, colour, sex, age, mental or physical disability,
political or other opinion, property, birth or other status, or native
island (art. 17). A citizen is free to engage in any conduct or
activity that is not expressly prohibited by Islamic Shari’ah or by
law (art. 19). 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 (art. 27). 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 (art. 36.c). No person shall be found guilty of any
act or omission which did not constitute an offence under Islamic
Shari’ah or law at the time committed (art. 59.a). 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: … (f) to promote democratic values
and practices in a manner that is not inconsistent with any tenet of
Islam;(g) to preserve and protect the State religion of Islam,
culture, language and heritage of the country (art. 67). The
People’s Majlis shall not pass any law that contravenes any tenet of
Islam (art. 70.c). A person elected to be a member of the People’s
Majlis shall be so qualified if he: … 3. is a Muslim and a follower
of a Sunni school of Islam (art. 73). 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 (art. 90.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 (100.a). A person elected
as President shall have the following qualifications: … be a Muslim
and a follower of a Sunni school of Islam (109.b). A person shall be
qualified to be a member of the Cabinet if he: … 3. is a Muslim and
a follower of a Sunni school of Islam (art. 130.a). 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 (art. 142) and he shall be a
Muslim and a follower of a Sunni school of Islam (art. 149.b.1); a
person appointed to be a Judge of the Supreme Court, must be educated
in Islamic Shari’ah or law (149.c). Members of the security services
shall treat all persons and groups equally without any discrimination,
and with humanity and dignity in accordance with the decorous
principles of Islam (art. 246). In this Constitution, unless the
context otherwise requires, the following words and phrases shall have
the following meanings: “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 (art. 274).