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Khilafah al-'Alam al-Islami |
1. PAKISTAN
TOPIC What the Constitution Says Article Concept of Sovereignty Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust Preamble Para. 1 Nature of State Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan Article 1(1) Fundamental Principles Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed Preamble Para. 4 Supreme Law Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah …the Injunctions of Islam as laid down in the Holy Quran and Sunnah shall be the supreme law and source of guidance for legislation to be administered through laws enacted by the Parliament and Provincial Assemblies, and for policy making by the Government
Preamble Para. 5
Article 2
Religion of State Islam shall be the State religion of Pakistan Article 2 System of Syura There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and two Houses to be known respectively as the National Assembly and the Senate The National Assembly shall consist of two hundred and seven Muslim members to be elected by direct and free vote in accordance with law
A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless (inter alia)…
- (d) he is of good character and is not commonly known as one who violates Islamic Injunctions
- (e) he has adequate knowledge of Islamic teachings and practises obligatory duties prescribed by Islam as well as abstains from major sins
- (f) he is sagacious, righteous and non-profligate and honest and ameen
Article 50
Article 51(1)
Article 62
Position and Right of Minorities Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures In addition to the number of seats referred to in clause (1) (of Article 51), there shall be in the National Assembly ten additional seats reserved as follows for the person referred to in clause (3) of Article 106:
Nothing in this Part (Part XI- Islamic Provisions) shall affect the personal laws of non- Muslim citizens or their status as citizens.
- Christians
- Hindus and persons belonging to the Scheduled castes
- Sikh, Budhist and Parsi communities and other non-Muslims
- Persons belonging to the Quadiani group or the Lahori group (who call themselves Ahmadis)
Preamble Para 6 Article 51(2A)
Article 227(3)
Adoption of Islamic Laws Steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Quran and Sunnah. The state shall endeavour, as respects the Muslims of Pakistan, :
a. to make the teaching of the Holy Quran and Islamiat compulsory, to encourage and facilitate the learning of Arabic language and to secure correct and exact printing and publishing of the Holy Quran;
b. to promote unity and the observance of the Islamic moral standards; and
c. to secure the proper organisation of zakat, [ushr,] auqaf and mosques
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
There shall be constituted within a period of ninety days from the commencing day a Council of Islamic Ideology, in this part referred to as the Islamic Council.
The President or the Governor of a Province may, or if two-fifths of its total membership so requires, a House or a Provincial Assembly shall, refer to the Islamic Council for advice any question as to whether a proposed law is or is not repugnant to the Injunctions of Islam
The functions of the Islamic Council shall be,
- (a) to make recommendations to Majlis-e-Shoora (Parliament) and the Provincial Assemblies as to the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives individually and collectively in all respects in accordance with the principles and concepts of Islam as enunciated in the Holy Quran and Sunnah;
- (b) to advise a House, a Provincial Assembly, the President or a Governor on any question referred to the Council as to whether a proposed law is or is not repugnant to the Injunctions of Islam;
- (c) to make recommendations as to the measures for bringing existing laws into conformity with the Injunctions of Islam and the stages by which such measures should be brought into effect; and
- (d) to compile in a suitable form, for the guidance of Majlis-e-Shoora (Parliament) and the Provincial Assemblies, such Injunctions of Islam as can be given legislative effect
Article 31(1)
Article 31(2)
Article 227(1)
Article 228(1)
Article 229
Article 230(1)
2. IRAN
TOPIC What the Constitution Says Article Concept of Sovereignty The Islamic Republic is a system based on belief in.. the One God (as stated in the phrase "There is no god except Allah"), His exclusive sovereignty and the right to legislate, and the necessity of submission to His commands; Article 2(1) Nature of State The form of government of Iran is that of an Islamic Republic, endorsed by the people of Iran on the basis of their longstanding belief in the sovereignty of truth and Qur'anic justice Article 1 Fundamental Principles The Islamic Republic is a system based on belief in: 1.the One God (as stated in the phrase "There is no god except Allah"), His exclusive sovereignty and the right to legislate, and the necessity of submission to His commands;
2.Divine revelation and its fundamental role in setting forth the laws;
3.the return to God in the Hereafter, and the constructive role of this belief in the course of man's ascent towards God;4.the justice of God in creation and legislation;
5.continuous leadership (imamah) and perpetual guidance, and its fundamental role in ensuring the uninterrupted process of the revolution of Islam;
6.the exalted dignity and value of man, and his freedom coupled with responsibility before God; in which equity, justice, political, economic, social, and cultural independence, and national solidarity are secured by recourse to:
(1)continuous ijtihad of the fuqaha' possessing necessary qualifications, exercised on the basis off the Qur'an and the Sunnah of the Ma'sumun, upon all of whom be peace;
(2)sciences and arts and the most advanced results of human experience, together with the effort to advance them further;
(3)negation of all forms of oppression, both the infliction of and the submission to it, and of dominance, both its imposition and its acceptance
Article 2 Supreme Law The Islamic Republic is a system based on belief in.. (inter alia) divine revelation and its fundamental role in setting forth the laws Article 2(2) Religion of State The official religion of Iran is Islam and the Twelver Ja'fari school [in usual al-Din and fiqh], and this principle will remain eternally immutable. Other Islamic schools, including the Hanafi, Shafi'i, Maliki, Hanbali, and Zaydi, are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites… Article 12 System of Syura In accordance with the command of the Qur'an contained in the verse ("Their affairs are by consultations among them" [42:38]) and ("Consult them in affairs" [3:159]), consultative bodies - such as the Islamic Consultative Assembly, the Provincial Councils, and the City, Region, District, and Village Councils and the likes of them - are the decision-making and administrative organs of the country. The nature of each of these councils, together with the manner of their formation, their jurisdiction, and scope of their duties and functions, is determined by the Constitution and laws derived from it With a view to safeguard the Islamic ordinances and the Constitution, in order to examine the compatibility of the legislation passed by the Islamic Consultative Assembly with Islam, a council to be known as the Guardian Council is to be constituted with the following composition:
1.six 'adil fuqaha' conscious of the present needs and the issues of the day, to be selected by the Leader, and
2.six jurists, specializing in different areas of law, to be elected by the Islamic Consultative Assembly from among the Muslim jurists nominated-by the Head of the Judicial Power
Article 7
Article 91
Position and Right of Minorities Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities, who, within the limits of the law, are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education There are to be two hundred seventy members of the Islamic Consultative Assembly which, keeping in view the human, political, geographic and other similar factors, may increase by not more than twenty for each ten-year period from the date of the national referendum of the year 1368 of the solar Islamic calendar. The Zoroastrians and Jews will each elect one representative; Assyrian and Chaldean Christians will jointly elect one representative; and Armenian Christians in the north and those in the south of the country will each elect one representative. The limits of the election constituencies and the number of representatives will be deter-mined by law
Article 13
Article 64
Adoption of Islamic Laws All civil, penal financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic criteria. This principle applies absolutely and generally to all articles of the Constitution as well as to all other laws and regulations, and the fuqaha' of the Guardian Council are judges in this matter The Islamic Consultative Assembly cannot enact laws contrary to the usual and ahkam of the official religion of the country or to the Constitution. It is the duty of the Guardian Council to determine whether a violation has occurred, in accordance with Article 96
Article 4
Article 72
3. SAUDI ARABIA
TOPIC What the Constitution Says Article Concept of Sovereignty The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion; God's Book and the Sunnah of His Prophet, God's prayers and peace be upon him, are its constitution… Article 1 Nature of State The Kingdom of Saudi Arabia is a sovereign Arab Islamic state.. The system of government in the Kingdom of Saudi Arabia is that of a monarchy
Article 1 Article 5(a)
Fundamental Principles Government in the Kingdom of Saudi Arabia is based on the premise of justice, consultation, and equality in accordance with the Islamic Shari'ah Article 8 Supreme Law The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with…God's Book and the Sunnah of His Prophet (God's prayers and peace be upon him), are its constitution… Government in Saudi Arabia derives power from the Holy Koran and the Prophet's tradition
The source of the deliverance of fatwa in the Kingdom of Saudi Arabia are God's Book and the Sunnah of His Messenger
Article 1
Article 7
Article 45
Religion of State The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion… Article 1 System of Syura A Consultative Council is to be created. Its statute will specify how it is formed, how it exercises its powers and how its members are selected The King has the right to convene the Consultative Council and the Council of Ministers for a joint meeting and to invite whoever he wishes to attend that meeting to discuss whatever matters he wishes
Article 68
Article 69
Position and Right of Minorities The state protects human rights in accordance with the Islamic Shari'ah Article 26 Adoption of Islamic Laws The state protects Islam; it implements its Shari'ah; it orders people to do right and shun evil; it fulfills the duty regarding God's call The courts will apply the rules of the Islamic Shari'ah in the cases that are brought before them, in accordance with what is indicated in the Book and the Sunnah, and statutes decreed by the Ruler which do not contradict the Book or the Sunnah
Article 23
Article 48
4. SUDAN
TOPIC What the Constitution Says Article Concept of Sovereignty God, the creator of all people, is supreme over the State and sovereignty is delegated to the people of Sudan by succession, to be practiced as worship to God, performing his trust, developing the homeland, and spreading justice, freedom and shura in accordance with the Constitution and laws Article 4 Nature of State The State of Sudan is a country of racial and cultural harmony and religious tolerance. Islam is the religion of the majority of the population and Christianity and traditional religions have a large following. Article 1 Fundamental Principles The government shall ensure participation, (consultation) shura and mobilization, respect for justice in the division of power and wealth Article 2 Supreme Law ‘Source of Legislation’- The Islamic Sharia and the national consent through voting, the Constitution and custom are the source of law and no law shall be enacted contrary to these sources, or without taking into account the nation's public opinion, the efforts of the nation's scientists, intellectuals and leaders Article 65 Religion of State …Islam is the religion of the majority of the population and Christianity and traditional religions have a large following ‘Religion’- Those working for the state and those in public life should worship God in their daily lives, for Muslims this is through observing the Holy Quran and the ways of the Prophet, and all people shall preserve the principles of religion and reflect this in their planning, laws, policies, and official work or duties in the fields of politics, economics, and social and cultural activities; with the end of striving towards the societal aim of justice and righteousness, and towards achieving the salvation of the kingdom of God
Article 1
Article 18
System of Syura …The government shall ensure participation, (consultation) shura and mobilization, respect for justice in the division of power and wealth National Assembly shall be established to exercise the legislative authority or any other power accorded it by the Constitution
Article 2
Article 67
Position and Right of Minorities ‘Minorities and Cultural Rights’- Every sect or group of citizens have the right to keep their particular culture, language or religion, and to voluntarily bring up their children within the framework of these traditions. It is prohibited to impose one's traditions on children by coercion. Article 27 Adoption of Islamic Laws Zakat is a financial obligation collected by the State and its collection, expenditure and administration shall be in accordance with law. Inheritance (waqf), donations and self-help are voluntary, but encouraged by the State in accordance with law. Taxes, financial transaction fees and other financial obligations are subject to law ‘Religion’- Those working for the state and those in public life should worship God in their daily lives, for Muslims this is through observing the Holy Quran and the ways of the Prophet, and all people shall preserve the principles of religion and reflect this in their planning, laws, policies, and official work or duties in the fields of politics, economics, and social and cultural activities
Article 10
Article 18
5. MALAYSIA
TOPIC What the Constitution Says Article Concept of Sovereignty There shall be a Supreme Head of the Federation, to be called the Yang di-Pertuan Agong, who shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court Article 32(1) Nature of State The Federation shall be known, in Malay and in English, by the name Malaysia Article 1(1) Fundamental Principles Supreme Law This Constitution is the supreme law of the Federation and any law passed after Merdeka (independence) Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void Article 4(1) Religion of State Islam is the religion of the Federation; but other religions may be practiced in peace and harmony in any part of the Federation Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it
State law and in respect of the Federal Territories of Kuala Lumpur and Labuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam
Article 3(1) Article 11(1)
Article 11(4)
System of Syura The legislative authority of the Federation shall be vested in a Parliament, which shall consist of the Yang di-Pertuan Agong and two Majlis (Houses of Parliament) to be known as the Dewan Negara (Senate) and Dewan Rakyat (House of Representatives) Article 44 Position and Right of Minorities Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent or place of birth in any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment This Article (Art. 8) does not invalidate or prohibit (c) any provision for the protection, wellbeing or advancement of the aboriginal peoples of the Malay Peninsula (including the reservation of land) or the reservation to aborigines of a reasonable proportion of suitable positions in the public service
Every religious group has the right -
(a) to manage its own religious affairs;
(b) to establish and maintain institutions for religious or charitable purposes; and
(c) to acquire and own property and hold and administer it in accordance with lawArticle 8(2)
Article 8(5)(c)
Article 11(3)
Adoption of Islamic Laws Without prejudice to any power to make laws conferred on it by any other Article, the Legislature of a State may make laws with respect to any of the matters enumerated in the State List (that is to say, the Second List set out in the Ninth Schedule) or the Concurrent List ‘State List’- (1) Except with respect to the Federal Territories of Kuala Lumpur and Labuan, Islamic law and personal and family law of persons professing the religion of Islam, including the Islamic law relating to succession, testate and intestate, betrothal, marriage, divorce, dower, maintenance, adoption, legitimacy guardianship, gifts, partitions and non-charitable trusts; Wakafs and the definition and regulation of charitable and religious endowments, institutions, trusts, charities and charitable institutions operating wholly within the State; Malay customs. Zakat, Fitrah and Baitulmal or similar Islamic religious revenue, mosques or any Islamic public places of worship, creation and punishment of offences by persons professing the religion of Islam against precepts of that religion, except in regard to matters included in the Federal List; the constitution, organisation and procedure of Syariah courts, which shall have jurisdiction only over person professing the religion of Islam and in respect only of any of the matters included in this paragraph, but shall not have jurisdiction in respect of offences except in so fat as conferred by federal law*, the control of propagating doctrines and beliefs among persons professing the religion of Islam; the determination of matters of Islamic law and doctrine Malay custom
(on the jurisdiction of Syariah Courts)
Article 74(2)
Ninth Schedule List II (1)
Article 121 (1A)
6. INDONESIA
TOPIC What the Constitution Says Article Concept of Sovereignty …the national independence of Indonesia shall be formulated into a constitution of the sovereign Republic of Indonesia which is based on the belief in the One and Only God… Sovereignty shall be vested in the people and shall be exercised in full by the People’s Consultative Assembly (Majlis Permusyawaratan Rakyat)
Preamble Para. 4
Article 1(2)
Nature of State The State of Indonesia shall be a unitary state which has the form of a republic Article 1(1) Fundamental Principles National independence of Indonesia shall be formulated into a constitution of the sovereign Republic of Indonesia which is based on the belief in the One and Only God, just and humanity, the unity of Indonesia, democracy guided by the inner wisdom of deliberations amongst representatives and the realization of social justice for all of the people of Indonesia Preamble Para. 4 Supreme Law Sovereignty shall be vested in the people and shall be exercised in full by the People’s Consultative Assembly (Majlis Permusyawaratan Rakyat) Article 1(2) Religion of State ‘Religion’ -The State shall be based upon the belief in the One and Only God Every individual is free to follow a religion and to practice according to his religion, to choose the education and teaching, job, citizenship, to stay in or to leave the country, and shall not be denied re-entry
Article 29(1) Article 28E(1)
System of Syura The Majelis Permusyawaratan Rakyat shall consist of the members of the Dewan Perwakilan Rakyat augmented by the delegates from the regional territories and groups as provided for by statutory regulations The membership of the Dewan Perwakilan Rakyat shall be elected from the general election
Article 2(1)
Article 19(1)
Position and Right of Minorities Right to life, right against torture, right to freedom of expression of thought and conscience, freedom to religion, right against slavery, right to personal equality before the law, and right against illegal prosecution are human basic rights that can not be undermined in whatsoever circumstances Article 28I(1) Adoption of Islamic Laws The State guarantees all persons the freedom of worship, each according to his/her own religion or belief. Article 29(2)
7. IRAQ
TOPIC What the Constitution Says Article Concept of Sovereignty The people are the source of authority and its legitimacy The sovereignty of Iraq is an indivisible entity
Article 2 Article 3(a)
Nature of State Iraq is a Sovereign People's Democratic Republic. Its basic objective is the realization of one Arab State and the build-up of the socialist system Article 1 Fundamental Principles Supreme Law Religion of State Islam is the religion of the State Freedom of religion, faith, and the exercise of religious rites, is guaranteed, in accordance with the rules of constitution and laws and in compliance with morals and public order
Article 4 Article 25
System of Syura The Revolutionary Command Council is the supreme institution in the State, which on 17 July 1968, assumed the responsibility to realize the public will of the people, by removing the authority from the reactionary, individual, and corruptive regime, and returning it to the people The National Council is composed of the People's representatives from various political, economic, and social sectors. Its formation, membership, work procedures, and its jurisdiction are determined by a special law, called the National Council Law
Article 37
Article 46
Position and Right of Minorities This Constitution acknowledges the national rights of the Kurdish People and the legitimate rights of all minorities within the Iraqi unity Article 5(c) Adoption of Islamic Laws
8. EGYPT
TOPIC What the Constitution Says Article Concept of Sovereignty Sovereignty is for the people alone who will practise and protect this sovereignty and safeguard national unity in the manner specified by the Constitution Article 3 Nature of State The Arab Republic of Egypt is a Socialist Democratic State based on the alliance of the working forces of the people Article 1 Fundamental Principles The political regime of the Arab Republic of Egypt is based upon the multi-party system within the framework of the basic principles and components of the Egyptian society stipulated by the Constitution The economic foundation of the Arab Republic of Egypt is the socialist democratic system based on sufficiency and justice, in a manner preventing exploitation, narrowing the gap between incomes, protecting legitimate earnings and guaranteeing justice in the distribution of public responsibilities and expenditures
Article 5
Article 4
Supreme Law …the principal source of legislation is Islamic Jurisprudence (Sharia). The Sovereignty of the law is the basis of State rule
Article 2 Article 64
Religion of State Islam is the Religion of the State. Arabic is its official language, and the principal source of legislation is Islamic Jurisprudence (Sharia). Religious education shall be a principal subject in the courses of general education
The State shall guarantee the freedom of belief and the freedom of practicing religious rights
Article 2
Article 19
Article 46
System of Syura The People’s Assembly shall exercise the legislative power, approve the general policy of the State, the general plan of economic and social development and the general budget of the State. It shall exercise control over the work of the executive authority in the manner prescribed by the Constitution The law shall determine the constituencies into which the State shall be divided. The number of the elected members of the People’s Assembly must be at least 350 members of whom one half at least must be workers and farmers elected by direct secret pubic balloting
The Shoura Assembly is concerned with the study and proposal of what it deems necessary to preserve the principles of the July 23,1952 Revolution and the May 15, 1971 Revolution, to consolidate national unity and social peace, to protect the alliance of the working forces of the people and the socialist gains as well as the basic constituents of society, its supreme values, its rights and liberties and its public duties, and to deepen the democratic socialist system and widen its scope
The Shoura Assembly shall be composed of a number of members defined by the law, not less than 132 members
Two thirds of the members shall be elected by direct secret public balloting, half of whom at least must be workers and farmers
Article 86
Article 87
Article 194
Article 196
Position and Right of Minorities All citizens are equal before the law. They have equal public rights and duties without discrimination due to sex, ethnic origin, language, religion or creed Article 40 Adoption of Islamic Laws The State shall guarantee coordination between woman’s duties towards her family and her work in the society, considering her equal to man in the political, social, cultural and economic spheres without detriment to the rules of Islamic jurisprudence (Sharia). Article 11
9. NIGERIA
TOPIC What the Constitution Says Article Concept of Sovereignty Sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority Article 15(2)(a) Nature of State Nigeria is one indivisible and indissoluble Sovereign State to be known by the name of the Federal Republic of Nigeria Article 2(1) Fundamental Principles HAVING firmly and solemnly resolved: TO PROVIDE for a Constitution for the purpose of promoting the good government and welfare of all persons in our country on the principles of Freedom, Equality and Justice, and for the purpose of consolidating the Unity of our people Preamble Para 1 Supreme Law This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void
Article 1(1)
Article 1(3)
Religion of State The Government of the Federation or of a State, shall not adopt any religion as State Religion It shall be the duty of every citizen… (d) to respect the dignity and religion of other citizens and the rights and the legitimate interests of others and to live in unity and harmony and in the spirit of common brotherhood
Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance
Article 11
Article 24(d)
Article 37(1)
System of Syura There shall be a National Assembly for the Federation which shall consist of a Senate and a House of Representatives. The Senate shall consist of 3 Senators from each State and one from the Federal Capital Territory, Abuja
Subject to the provisions of Chapter 1X of this Constitution, the House of Representatives shall consist of 453 members
Article 45
Article 46
Article 47
Position and Right of Minorities Accordingly, national integration shall be actively promoted whilst discrimination on the grounds of place of origin, circumstance of birth, sex, religion, status, ethnic or linguistic association or ties shall be prohibited Article 16(2) Adoption of Islamic Laws The courts to which this section relates established by this Constitution for the Federation and for States specified in subsection (5) (a) to (j) of this section shall be the only superior courts of record in Nigeria; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record This section (s.6) relates to
(d) a Sharia Court of Appeal of the Federal Capital Territory
(f) a Sharia Court of Appeal of a StateArticle 6(3)
Article 6(5)
10. JORDAN
TOPIC What the Constitution Says
Article Concept of Sovereignty The Hashemite Kingdom of Jordan is an Independent sovereign Arab State… The Nation is the source of all powers
The Nation shall exercise its powers in the manner prescribed by the present Constitution.
Article 1
Article 24(I),(ii)
Nature of State The Hashemite Kingdom of Jordan is an Independent sovereign Arab State. It is indivisible and Inalienable and no part of it may be ceded. The people of Jordan form a part of the Arab Nation, and its system of government is parliamentary with a hereditary monarchy. Article 1 Fundamental Principles Supreme Law Religion of State Islam is the religion of the State and Arabic is its official language. Article 2 System of Syura The National Assembly shall consist of two Houses:- The Senate and the Chamber of Deputies In addition to the requirements prescribed in Article 75 of the present Constitution, a Senator must have completed forty calendar years of age and must belong to one of the following classes:- Present and former Prime Ministers and Ministers, persons who had previously held the office of Ambassador, Minister Plenipotentiary, Speaker of the Chamber of Deputies, President and judges of the Court of Cassation and of thc Civil and Sharia Courts of Appeal, retired military officers of the rank of Lt. General and above, former Deputies who were elected at least twice as deputies, and other similar personalities who enjoy the confidence of the people in view of the services rendered by them to the Nation and the Country.
The Chamber of Deputies shall consist of members elected by secret ballot In General direct election and in accordance with the provisions of an Electoral Law which shall ensure the following principles:
(i) The integrity of the election.
(ii) The right of candidates to supervise the process of election.
(iii) The punishment of any person who may adversely influence the will of voters.Article 62
Article 64
Article 67
Position and Right of Minorities Jordanians shall be equal before the law. There shall be no discrimination between them as regards their rights and duties on grounds of race, language or religion Article 6(I) Adoption of Islamic Laws The courts shall be divided into three categories…(ii) Religious Courts Matters of personal status are those which are defined by law and in accordance therewith fall within the exclusive jurisdiction of the Sharia Courts where the parties are Moslems
The Sharia Courts shall in accordance with their own laws have exclusive jurisdiction in respect of the following matters:
(i) Matters of personal status of Moslems.
(ii) Cases concerning blood money (DlYA) where the two parties are Moslems or where one of the parties is not a Moslem and the two parties consent to the jurisdiction of the Sharia Courts.
(iii) Matters pertaining to Islamic Wakfs.The Sharia Courts shall in the exercise of their Jurisdiction apply thc provisions of the Sharia law
The organization of the affairs of Moslem Wakfs and the administration of their financial matters, among other matters, shall be regulated by a special law.
Article 99
Article 103(ii)
Article 105
Article 106
Article 107
11. TUNISIA
TOPIC What the Constitution Says Article Concept of Sovereignty The sovereignty belongs to the Tunisian people who exercise it in conformity with the Constitution Article 3 Nature of State Tunisia is a free State, independent and sovereign; its religion is the Islam, its language is Arabic, and its form is the Republic Article 1 Fundamental Principles We, the representatives of the Tunisian people, meeting as members of the National Constituent Assembly, Proclaim the will of this people, set free from foreign domination thanks to its powerful cohesion and to its struggle against tyranny, exploitation, and regression;
- to consolidate national unity and to remain faithful to human values which constitute the common heritage of peoples attached to human dignity, justice, and liberty, and working for peace, progress, and free cooperation between nations;
- to remain faithful to the teachings of Islam, to the unity of the Greater Maghreb, to its membership of the Arab family, to cooperation with the African peoples in building a better future, and with all peoples who are struggling for justice and liberty;
- to install a democracy founded on the sovereignty of the people, characterized by a stable political system, and based on the principle of the separation of powers
Preamble Supreme Law Religion of State Tunisia is a free State, independent and sovereign; its religion is the Islam, its language is Arabic, and its form is the Republic The Tunisian Republic guarantees the inviolability of the human person and freedom of conscience, and protects the free exercise of beliefs, with reservation that they do not disturb the public order
Article 1
Article 5
System of Syura The people exercise the legislative power through a representative organ called National Parliament The members of the National Parliament are elected by universal, free, direct, and secret suffrage, according to the modalities and conditions determined by the Electoral Law
Article 18
Article 19
Position and Right of Minorities All citizens have the same rights and the same duties. They are equal before the law Article 6 Adoption of Islamic Laws
12. MOROCCO
TOPIC What the Constitution Says Article Concept of Sovereignty Sovereignty shall be that of the People who shall exercise it directly, by means of referendum, or indirectly, through the constitutional institutions The King, "Amir Al-Muminin" (Commander of the Faithful), shall be the Supreme Representative of the Nation and the Symbol of the unity thereof. He shall be the guarantor of the perpetuation and the continuity of the State .As Defender of the Faith, He shall ensure the respect for the Constitution. He shall be the Protector of the rights and liberties of the citizens, social groups and organizations.
Article 2
Article 19
Nature of State An Islamic and fully sovereign state whose official language is Arabic, the Kingdom of Morocco constitutes a part of the Great Arab Maghreb Morocco shall have a democratic, social and constitutional Monarchy
Preamble Para. 1
Article 1
Fundamental Principles Supreme Law The law shall be the supreme expression of the will of the Nation. All shall abide by it. The law shall have no retroactive effect. Article 4 Religion of State Islam shall be the state religion. The state shall guarantee freedom of worship for all. Article 6 System of Syura The Parliament shall be made up of two Houses, the House of Representatives and the House of Counselors. Members of the Houses shall hold their mandate from the Nation. Their right to vote shall be personal and cannot be delegated Article 36 Position and Right of Minorities Adoption of Islamic Laws Neither the State system of monarchy nor the prescriptions related to the religion of Islam may be subject to a constitutional revision Article 106
13. TURKEY
TOPIC What the Constitution Says Article Concept of Sovereignty Sovereignty is vested in the nation without reservation or condition. The Turkish Nation shall exercise its sovereignty through the authorized organs as prescribed by the principles laid down in the Constitution.
The right to exercise sovereignty shall not be delegated to any individual, group or class. No person or agency shall exercise any State authority which does not emanate from the Constitution
Article 6 Nature of State The Turkish State is a Republic The Republic of Turkey is a democratic, secular and social State governed by the rule of law; bearing in mind the concepts of public peace, national solidarity and justice; respecting human rights; loyal to the nationalism of Ataturk, and based on the fundamental tenets set forth in the Preamble
Article 1 Article 2
Fundamental Principles The fundamental aims and duties of the State are: to safeguard the independence and integrity of the Turkish Nation, the indivisibility of the country, the Republic and democracy; to ensure the welfare, peace, and happiness of the individual and society; to strive for the removal of political, social and economic obstacles which restrict the fundamental rights and freedoms of the individual in a manner incompatible with the principles of justice and of the social State governed by the rule of law; and to provide the conditions required for the development of the individual's material and spiritual existence Article 5 Supreme Law The provisions of the Constitution are fundamental legal rules binding upon legislative, executive and judicial organs, and administrative authorities and other agencies and individuals. Laws shall not be in conflict with the Constitution
Article 11
Article 11
Religion of State Everyone has the right to freedom of conscience, religious belief and conviction. Acts of worship, religious services, and ceremonies shall be conducted freely, provided that they do not violate the provisions of Article 14.
No one shall be compelled to worship, or to participate in religious ceremonies and rites, to reveal religious beliefs and convictions, or be blamed or accused because of his religious beliefs and convictions.
Education and instruction in religion and ethics shall be conducted under State supervision and control. Instruction in religious culture and moral education shall be compulsory in the curricula of primary and secondary schools. Other religious education and instruction shall be subjected to the individual's own desire, and in the case of minors, to the request of their legal representatives.
Article 24 System of Syura Legislative power is vested in the Turkish Grand National Assembly on behalf of the Turkish Nation. This power cannot be delegated The Turkish Grand National Assembly shall be composed of our-hundred and fifty deputies elected by universal suffrage by the nation
Article 7
Article 75
Position and Right of Minorities Adoption of Islamic Laws The Department of Religious Affairs, which is within the general administration, shall exercise its duties prescribed in its particular law, in accordance with the principles of secularism, removed from all political views and ideas, and aiming at national solidarity and integrity Article 136
14. KUWAIT
TOPIC What the Constitution Says Article Concept of Sovereignty The System of Government in Kuwait shall be democratic, under which sovereignty resides in the people, the source of all powers. Sovereignty shall be exercised in the manner specified in this Constitution Article 6 Nature of State Kuwait is an Arab State, independent and fully sovereign. Neither its sovereignty nor any part of its territory may be relinquished. The people of Kuwait is a part of the Arab Nation Article 1 Fundamental Principles Supreme Law …the Islamic Sharia shall be a main source of legislation Article 2 Religion of State The religion of the State is Islam… Freedom of belief is absolute. The State protects the freedom of practicing religion in accordance with established customs, provided that it does not conflict with public policy or morals
Article 2 Article 35
System of Syura The legislative power is vested in the Amir and the National Assembly in accordance with the Constitution The National Assembly is composed of fifty members elected directly by universal suffrage and secret ballot in accordance with the provisions prescribed by the electoral law
Article 51
Article 80(1)
Position and Right of Minorities Adoption of Islamic Laws …the Islamic Sharia shall be a main source of legislation Article 2
15. AFGHANISTAN*
TOPIC What the Constitution Says Article Concept of Sovereignty National sovereignty in the Republic of Afghanistan belongs to the people. The people exercise national sovereignty through Loya Jirga and National Assembly Article 1 Nature of State The Republic of Afghanistan is an independent, unitary and indivisible and Islamic State, having sovereignty over the whole of its territory… Article 1 Fundamental Principles Supreme Law …the Republic of Afghanistan no law shall run counter to the principles of the sacred religion of Islam and other values enshrined in this constitution The constitution of the Republic of Afghanistan has the highest legal credibility. Laws and other legislative documents shall be in conformity with it
Article 2
Article 139
Religion of State The sacred religion of Islam is the religion of Afghanistan… In the Republic of Afghanistan, the freedom to perform religious rites is guaranteed to all Muslims. Followers of other religions are free to perform their religious rites
Article 2 System of Syura The National Assembly (Parliament) is the highest legislative body of the Republic of Afghanistan The National Assembly consists of two houses: House of Representatives and Senate
Article 77
Article 78
Position and Right of Minorities Adoption of Islamic Laws The judges shall apply the provisions of the constitution and the laws of the Republic of Afghanistan in the cases under their consideration. When no explicit provision exists in the law, the court shall, following the provisions of the Shariat of Islam, render a decision that secures justice in the best possible way Article 112
16. YEMEN
TOPIC What the Constitution Says Article Concept of Sovereignty Power rests with the people who are the source of all powers. The people shall exercise its power directly through referenda and general elections, and indirectly through legislative, executive, and judicial bodies and also through elected local councils Article 4 Nature of State The Yemen Republic is an independent, sovereign, unitary, and indivisible state whose territorial integrity is inviolable Article 1 Fundamental Principles Supreme Law Islamic jurisprudence is the main source of legislation Article 3 Religion of State Islam is the religion of the state and Arabic is its official language Article 2 System of Syura The House of Representatives is the legislative power of the state. It shall enact the laws and decide the general policy of the state, in addition to adopting the general plan for economic and social development, the public budget, and its final statement. It also shall assume the function of controlling the actions of the executive power in the manner specified in this constitution Article 40 Position and Right of Minorities Adoption of Islamic Laws Islamic jurisprudence is the main source of legislation Article 3
17. SYRIA
TOPIC What the Constitution Says Article Concept of Sovereignty Sovereignty is vested in the people, who exercise it in accordance with this Constitution Article 2(2) Nature of State The Syrian Arab Republic is a democratic, popular, socialist, and sovereign state. No part of its territory can be ceded. Syria is a member of the Union of the Arab Republics Article 1(1) Fundamental Principles Supreme Law The supremacy of law is a fundamental principle in the society and the state Article 25(2) Religion of State The religion of the President of the Republic has to be Islam.
Islamic jurisprudence is a main source of legislationThe freedom of faith is guaranteed. The state respects all religions.
(2) The state guarantees the freedom to hold any religious rites, provided they do not disturb the public order.Article 3(1),(2) Article 35
System of Syura The People's Assembly assumes legislative power in the manner defined in this Constitution. The members of the People's Assembly are elected by general, secret, direct, and equal ballot in accordance with the provisions of the election law
Article 50(1),(2) Position and Right of Minorities Adoption of Islamic Laws
18. BAHRAIN
TOPIC What the Constitution Says Article Concept of Sovereignty The system of government in Bahrain is democratic, under which sovereignty lies with the people, the source of all powers. Sovereignty shall be exercised in the manner specified in this Constitution Article 1(d) Nature of State Bahrain is an Arab Islamic State, independent and fully sovereign and its people are part of the Arab nation. Neither its sovereignty nor any part of its territory shall be relinquished. Article 1(a) Fundamental Principles Supreme Law Religion of State Islam shall be the religion of the State; Islamic Sharia (Islamic Law) a main source of legislation; and Arabic the official language Freedom of conscience is absolute. The State shall guarantee the inviolability of places of worship and the freedom to perform religious rites and to hold religious processions and meetings in accordance with the customs observed in the country.
Article 2
Article 22
System of Syura Legislative power shall be vested in the Amir and the National Assembly in accordance with the Constitution The National Assembly shall be composed of:
(a) Thirty members elected directly by universal suffrage and secret ballot, in accordance with the provisions of the electoral law. The number of these members shall be increased to forty with effect from the elections for the second legislative term. Electoral constituencies shall be determined by the law.
(b) The Ministers by virtue of their portfoliosArticle 32(b) Article 43
Position and Right of Minorities Adoption of Islamic Laws Islam shall be the religion of the State; Islamic Sharia (Islamic Law) a main source of legislation; and Arabic the official language Article 2
TOPIC What the Constitution Says Article Concept of Sovereignty Sovereignty resides in the nations, nationalities and peoples of Ethiopia. This Constitution is an expression of their sovereignty.
Sovereignty shall be expressed through the peoples' representatives, elected by them in accordance with this Constitution, and through their direct democratic participation
Article 8(1) 8(2)
8(3)
Nature of State This Constitution establishes a federal and democratic state structure. Accordingly, the Ethiopian State shall be called the Federal Democratic Republic of Ethiopia Article 1 Fundamental Principles Supreme Law This Constitution is the supreme law of the land. All laws, customary practices, and decisions made by state organs or public officials inconsistent therewith, shall be null and void. Article 9(1) Religion of State (1) The Ethiopian State is a secular state. (2) There shall be no state religion. (3) The State shall not interfere in religious affairs; neither shall religion interfere in the affairs of the State Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or in private, to manifest his religion or belief in worship, observance, practice and teaching
Article 11
Article 27
System of Syura Supreme power of the Federal Government shall reside in the Council of Peoples' Representatives which shall be accountable to the Ethiopian people. Supreme power of states shall reside in the State Parliament which shall be accountable to the people of the state which elected it. Article 50(3) Position and Right of Minorities Adoption of Islamic Laws This Constitution shall not preclude the right of parties to voluntarily submit their dispute for adjudication in accordance with religious or customary laws. Particulars shall be determined by law The Council of Peoples Representatives and State Parliaments may, in accordance with Article 34 Sub-Article (5) of this Constitution, establish or recognize religious and customary courts of law
Article 34(5)
Article 78(5)
20. LIBYA*
TOPIC What the Constitution Says Article Concept of Sovereignty … sovereignty is vested in the people. Article 1 Nature of State Libya is an Arab, democratic, and free republic in which sovereignty is vested in the people. The Libyan people are part of the Arab nation. Their goal is total Arab unity. The Libyan territory is a part of Africa. The name of the country is the Libyan Arab Republic Article 1 Fundamental Principles Supreme Law Decisions, statements, and orders issued by the Revolutionary Command Council since Sep 1969 and before the issue of this constitutional proclamation shall have the power of law and supersede all contrary provisions. They can be annulled or amended only in accordance with the procedure defined in the present constitutional proclamation. Article 35 Religion of State Islam is the religion of the State and Arabic is its official Language. The state protects religious freedom in accordance with established customs. Article 2 System of Syura Position and Right of Minorities Adoption of Islamic Laws Inheritance is a right which will be governed by the Islamic Shari'a. Article 8
21 OMAN
TOPIC What the Constitution Says Article Concept of Sovereignty Nature of State The Sultanate of Oman is an independent, Arab, Islamic, fully sovereign state with Muscat as its capital Article 1 Fundamental Principles Supreme Law Laws and procedures which have the force of law must conform to the provisions of the Basic Law of the State Article 79 Religion of State The religion of the State is Islam and the Islamic Shariah is the basis of legislation The freedom to practise religious rites in accordance with recognised customs is guaranteed provided that it does not disrupt public order or conflict with accepted standards of behaviour
Article 2
Article 28
System of Syura Rule in the Sultanate shall be based on justice, Shura Consultation, and equality. Citizens shall have the right to take part in public affairs - in accordance with this Basic Law and the conditions and circumstances defined in the Law The Oman Council shall consist of:
- The Shura Council
- The Council of StateArticle 9
Article 58
Position and Right of Minorities Adoption of Islamic Laws
22. BANGLADESH
TOPIC What the Constitution Says
Article Concept of Sovereignty All powers in the Republic belong to the people, and their exercise on behalf of the people shall be effected only under, and by the authority of, this Constitution Article 7(1) Nature of State Bangladesh is a unitary, independent, sovereign Republic to be known as the People's Republic of Bangladesh Article 1 Fundamental Principles The principles of absolute trust and faith in the Almighty Allah, nationalism, democracy and socialism meaning economic and social justice, together with the principles derived from them as set out in this Part, shall constitute the fundamental principles of state policy Absolute trust and faith in the Almighty Allah shall be the basis of all actions
Article 8(1)
Article 8(1A)
Supreme Law This Constitution is, as the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution and other law shall, to the extent of the inconsistency, be void. Article 7(2) Religion of State The state religion of the Republic is Islam, but other religions may be practiced in peace and harmony in the Republic Subject to law, public order and morality-
(a) every citizen has the right to profess, practice or propagate any religion;
(b) every religious community or denomination has the right to establish, maintain and manage its religious institutions.No person attending any educational institution shall be required to receive religious instruction, or to take part in or to attend any religious ceremony or worship, if that instruction, ceremony or worship relates to a religion other than his own
Article 2A Article 41(1)
Article 41(2)
System of Syura There shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic: Provided that othing in this clause shall prevent Parliament from delegating to any person or authority, by Act of Parliament, power to make orders, rules, regulations, bye-laws or other instruments having legislative effect. Parliament shall consist of three hundred members to be elected in accordance with law from single territorial constituencies by direct election and, for so long as clause (3) is effective, the members provided for in that clause; the member shall be designated as Members of Parliament
Article 65(1)
Article 65(2)
Position and Right of Minorities Adoption of Islamic Laws
