UNITED STATES COMMISSION ON 

INTERNATIONAL RELIGIOUS FREEDOM

The Religion-State Relationship and the 

Right to Freedom of Religion or Belief: 

A Comparative Textual Analysis of the 

Constitutions of Predominantly Muslim 

Countries 

March 2005 

Prepared by: 

Tad Stahnke and Robert C. Blitt 
Preeta D. Bansal 

Chair 

Felice D. Gaer 

Nina Shea 

Vice Chairs 

Archbishop Charles J. Chaput 

Michael Cromartie 

Khaled Abou El Fadl 

Elizabeth H. Prodromou 

Bishop Ricardo Ramirez 

Michael K. Young 

Ambassador John V. Hanford, III, ex officio 

Joseph R. Crapa 

Executive Director 

U.S. Commission on International Religious Freedom 

800 North Capitol Street, NW 

Suite 790 

Washington, DC 20002 

Tel: 202-523-3240 

Fax: 202-523-5020 

research@uscirf.gov 

www.uscirf.gov 
The Religion-State Relationship and the Right to Freedom of 

Religion or Belief: 

A Comparative Textual Analysis of the Constitutions of 

Predominantly Muslim Countries

Tad Stahnke and Robert C. Blitt*

Table of Contents 

INTRODUCTION______________________________________________________ 1 

I. THE RELATIONSHIP BETWEEN RELIGION AND THE STATE__________ 6 

A. ISLAM AS STATE RELIGION____________________________________________ 6 

Table: Defining a Constitutional Role for Religion _________________________ 7 

Map: Predominantly Muslim Countries Classified by Relation with Islam _______ 7 

B. ALTERNATIVES TO CONSTITUTIONAL RECOGNITION OF A STATE RELIGION_______ 8 

C. CONSTITUTIONAL ROLE FOR ISLAMIC LAW, PRINCIPLES, OR JURISPRUDENCE _____ 9 

i) Overview ________________________________________________________ 9 

ii) Islam as Source of Legislation ______________________________________ 10 

iii) Other Provisions for Recognition of Islamic Principles __________________ 10 

iv) Other Principles in Addition to Islam May Be Sources of Legislation or the Basis 

for Determining Constitutional Repugnancy _____________________________ 11 

II. GUARANTEE OF THE RIGHT TO FREEDOM OF RELIGION OR BELIEF12 

A. MINIMUM INTERNATIONAL STANDARDS FOR CONSTITUTIONAL PROVISIONS_____ 12 

B. RELEVANT INTERNATIONAL HUMAN RIGHTS INSTRUMENTS _________________ 12 

i) Universal Declaration of Human Rights (UDHR) _______________________ 12 

ii) International Covenant on Civil and Political Rights (ICCPR)_____________ 12 

C. IMPLEMENTATION OF INTERNATIONAL STANDARDS IN PREDOMINANTLY MUSLIM 

COUNTRIES _________________________________________________________ 13 

i) Constitutional Provisions that Compare Favorably ______________________ 13 

ii) Constitutional Provisions that Compare Less Favorably _________________ 13 

iii) Freedom of Religion or Belief as a Right of Every Individual _____________ 14 

iv) Constitutional Safeguards Against Coercion in Matters of Religious Belief __ 14 

v) Table: Comparison of Constitutional Provisions on Freedom of Religion to 

International Standards _____________________________________________ 15 

 

*

 Tad Stahnke, JD, Deputy Director for Policy, and Robert C. Blitt, MA JD LLM, Legal Policy Analyst, of 

the U.S. Commission on International Religious Freedom (USCIRF). USCIRF is an independent federal 

commission created by the International Religious Freedom Act of 1998 to monitor the status of freedom of 

thought, conscience, and religion or belief abroad, as defined in the Universal Declaration of Human Rights 

and related international instruments, and to give independent recommendations to the Secretary of State 

and Congress. The authors wish to express their gratitude to USCIRF Commissioners and staff for making 

this study possible and for their comments on earlier drafts. Special thanks to Danielle Simms and Tina 

Ramirez for their research assistance. The authors invite feedback on this study and can be contacted at 

research@uscirf.gov. 
D. CONSTITUTIONAL RESTRICTIONS ON THE RIGHT TO FREEDOM OF RELIGION OR 

BELIEF_____________________________________________________________ 16 

E. PERMISSIBLE LIMITATIONS ON FREEDOM TO MANIFEST A RELIGION OR BELIEF 

UNDER INTERNATIONAL LAW ___________________________________________ 17 

III. RELATED RIGHTS: FREEDOM OF EXPRESSION, ASSOCIATION, AND 

ASSEMBLY__________________________________________________________ 19 

A. OVERVIEW _______________________________________________________ 19 

B. APPLICATION OF RELATED RIGHTS_____________________________________ 19 

IV. EQUALITY AND PROHIBITION OF DISCRIMINATION ______________ 20 

A. OVERVIEW _______________________________________________________ 20 

B. CONSTITUTIONAL PROVISIONS ON EQUALITY AND NONDISCRIMINATION THAT 

COMPARE FAVORABLY WITH INTERNATIONAL STANDARDS ____________________ 20 

C. CONSTITUTIONAL AND OTHER LIMITATIONS ON THE RIGHTS TO EQUALITY AND 

NONDISCRIMINATION _________________________________________________ 21 

V. CONSTITUTIONAL LAW: SUPREMACY, REMEDIES FOR RIGHTS 

VIOLATIONS, AND REVISIONS _______________________________________ 23 

A. LAWS INCONSISTENT WITH FUNDAMENTAL RIGHTS MAY BE VOID ____________ 23 

B. CONSTITUTIONALLY RECOGNIZED RIGHTS MAY BE SUPERSEDED BY ORDINARY LAW

__________________________________________________________________ 24 

C. REVIEW OF CONSTITUTIONALITY MAY IMPLICATE THE CONFORMITY OF 

LEGISLATION WITH ISLAM______________________________________________ 24 

D. REMEDIES FOR VIOLATIONS OF CONSTITUTIONALLY RECOGNIZED RIGHTS ______ 24 

E. PROHIBITIONS ON CERTAIN REVISIONS TO THE CONSTITUTION _______________ 25 

VI. REFERENCE TO INTERNATIONAL AGREEMENTS AND HUMAN 

RIGHTS INSTRUMENTS______________________________________________ 27 

A. OVERVIEW _______________________________________________________ 27 

B. AFFIRMATIVE OBLIGATION OR GENERAL REFERENCE TO INTERNATIONAL HUMAN 

RIGHTS INSTRUMENTS_________________________________________________ 27 

C. INCORPORATION OF INTERNATIONAL TREATIES INTO DOMESTIC LAW__________ 27 

VII. APPENDIX ______________________________________________________ 29 

A. TABLE I: RELATIONSHIP BETWEEN RELIGION AND THE STATE CONSTITUTIONAL 

PROVISIONS (BY REGION) ______________________________________________ 29 

Middle East/North Africa ____________________________________________ 29 

South Asia ________________________________________________________ 38

East Asia _________________________________________________________ 43 

Africa____________________________________________________________ 45 

Europe/Eurasia____________________________________________________ 50 

B. TABLE II: THE RIGHT TO FREEDOM OF RELIGION OR BELIEF CONSTITUTIONAL 

PROVISIONS (BY REGION) ______________________________________________ 53 

Middle East/North Africa ____________________________________________ 53 

South Asia ________________________________________________________ 57 

East Asia _________________________________________________________ 59 

ii
Africa____________________________________________________________ 61 

Europe/Eurasia____________________________________________________ 65 

C. TABLE III: EQUALITY AND PROHIBITION OF DISCRIMINATION CONSTITUTIONAL 

PROVISIONS (BY REGION) ______________________________________________ 68 

Middle East/North Africa ____________________________________________ 68 

South Asia ________________________________________________________ 72 

East Asia _________________________________________________________ 73 

Africa____________________________________________________________ 74 

Europe/Eurasia____________________________________________________ 79 

D. POPULATION DATA AND FREEDOM OF RELIGION PROVISIONS OF NON-MUSLIM 

COUNTRIES WITH SIGNIFICANT MUSLIM POPULATIONS _______________________ 81 

India ____________________________________________________________ 81 

E. SELECTED INTERNATIONAL HUMAN RIGHTS DOCUMENTS ___________________ 90 

i. Universal Declaration of Human Rights 1948 __________________________ 90 

ii. International Covenant on Civil and Political Rights 1966 ________________ 96 

iii. UN Human Rights Committee, General Comment No. 22: The Right to Freedom 

of Thought, Conscience and Religion (ICCPR Art. 18) 1994_________________ 99 

iv. UN Declaration on the Elimination of All Forms of Intolerance and 

Discrimination Based on Religion or Belief 1981 ________________________ 103 

v. Vienna Concluding Document of the Organization for Security and Cooperation 

in Europe (OSCE) 1986 ____________________________________________ 107 

F. ABOUT THE U.S. COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM ______ 109 

iii
Introduction 

Several current developments in constitutional drafting are spurring renewed analysis of 

the existing constitutional landscape of the Muslim world. In 2004, Afghanistan adopted 

a new permanent constitution, and Iraq’s Governing Council approved an interim 

constitutional document for Iraq (the “Transitional Administrative Law” or TAL). Iraq’s 

elected national assembly is expected to draft a permanent constitution in 2005. In 

Sudan, a new interim constitution is anticipated as a product of the Comprehensive Peace 

Agreement between the Government of the Sudan and the Sudan People’s Liberation 

Movement. 

Although the drafting and approval processes have differed markedly in these countries, 

international legal norms and international actors have played—and will continue to 

play—important roles. In each country, questions have been raised about the relationship 

between international legal/human rights norms and existing political arrangements in 

Muslim countries—especially with respect to the internationally recognized right of 

freedom of thought, conscience, and religion or belief. The search for reliable answers to 

these questions has been hindered by the dearth of specific comparative information 

available regarding relevant constitutional provisions in predominantly Muslim 

countries,1

 and the absence of any comprehensive survey of texts to provide an overall 

picture of the constitutional arrangements in such countries. This study represents a 

small but important first step in filling this urgent resource gap. 

About This Study

This study analyzes the constitutional provisions currently in place concerning the 

relationship between religion and the state, freedom of religion or belief, and related 

human rights in predominantly Muslim countries. 

The Muslim world stretches from Europe to Africa, through the Middle East and into 

Asia. Indeed, its geographical diversity mirrors a central finding of this study, that 

predominantly Muslim countries encompass a variety of constitutional arrangements 

addressing the role of Islam and the scope of the right to freedom of thought, conscience, 

and religion or belief, and other related human rights. 

In other words, although the countries reviewed in this study share the common 

denominator of having a majority Muslim population, the documents surveyed here 

establish a broad assortment of constitutional views—ranging from Islamic republics 

with Islam as the official state religion, to secular states with strict separation of religion 

and state. Moreover, diversity on the role of Islam and the extent of guarantees for 

internationally-recognized human rights are also found in the constitutions of those states 

where Islam is proclaimed the religion of the state. 

 

1

 This study defines predominantly Muslim countries as those where more than half of the population is 

Muslim. 
Yet despite the diversity of constitutional structures, several important realities come to 

light through this comparative review: 

• More than half of the world’s Muslim population (estimated at over 1.3 billion) 

lives in countries that are neither Islamic republics nor countries that have 

declared Islam to be the state religion. Thus, the majority of the world’s Muslim 

population currently lives in countries that either proclaim the state to be secular, 

or that make no pronouncements concerning Islam to be the official state religion. 

• Countries in which Islam is the declared state religion may provide constitutional 

guarantees of the right to freedom of religion or belief that compare favorably 

with international legal standards. 

• Similarly, countries with Islam as the declared state religion may maintain 

constitutional provisions protecting the related rights to freedom of expression, 

association and assembly—or the rights of equality and nondiscrimination with 

regard to, inter alia, religion and gender—which compare favorably with 

international standards. 

• A number of constitutions of predominantly Muslim countries incorporate or 

otherwise reference international human rights instruments and legal norms. 

This wide diversity in the constitutional provisions of predominantly Muslim countries, 

and especially in those countries declaring themselves to be Islamic states or declaring 

Islam to be the state religion, is not necessarily well understood. For example, we have 

observed the perception that a provision found in Afghanistan’s new constitution—that 

“no law can be contrary to the sacred religion of Islam”—represents the norm in the 

constitutions of predominantly Muslim countries.2 As this study shows, that perception 

is incorrect. 

Human Rights as International and Universal Legal Norms

And yet such perceptions and assumptions are not new. Since adoption of the Universal 

Declaration of Human Rights in 1948, critics have questioned the particular religious 

roots of human rights, and have explored claims of universality of human rights in the 

face of contradictory religious attitudes and practices. But the need for protection of 

certain individual rights deemed inherent and universal—and not contingent upon 

particular cultures or political arrangements—became a matter of global concern after the 

horrors of World War II. The world then came together under the auspices of the United 

Nations to enshrine the natural rights and freedoms available to all persons—including 

the right of religious freedom—as universal human rights. 

The Universal Declaration of Human Rights, adopted in 1948, recognizes in its first 

sentence the “inherent dignity and the equal and inalienable rights of all members of the 

 

2

 This study demonstrates that out of 44 predominantly Muslim countries, only 15 constitutions provide for 

Islamic law, principles, or jurisprudence as a source of, or limitation on, general legislation (See Table II). 

2
human family” as the “foundation of freedom, justice and peace in the world.” Article 18 

of the Declaration addresses the relationship of religion and human rights, forbidding 

distinctions of any kind, including on the basis of religion, with regard to the enjoyment 

of those rights and freedoms. It states, “Everyone has the right to freedom of thought, 

conscience and religion; this right includes freedom to change his religion or belief, and 

freedom, either alone or in community with others and in public or private, to manifest 

his religion or belief in teaching, practice, worship and observance.” 

The crucial role played by the delegate from Egypt, Dr. Mahmoud Azmi, during the 

drafting and passage of the Declaration serves as an illustration of the aspired universality 

of this document.3 Dr. Azmi was an active defender of human rights for all individuals, 

including for women and minorities. He fervently advocated the passage of the 

Declaration and pointed to the long, multi-civilizational and multi-religious history of his 

own country to demonstrate that commitment to human rights is not a western but a 

universal human concept. 

In the end, out of 58 states then in existence, no country voted against the Universal 

Declaration.4

 The Declaration thus represented a consensus at that moment in history on 

the subject of fundamental human rights, including the freedom of thought, conscience, 

and religion or belief. From the early years of the United Nations, Christians, Jews, 

Muslims, Hindus, Sikhs, Buddhists and other religious people and groups have worked 

together and with one another to advance human rights. These religious groups have 

emphasized the religious bases for human rights within their own traditions. 

Now, more than 50 years later, as Iraq and Afghanistan have embarked on their own 

constitutional processes, questions about the compatibility of international human rights 

norms within Islamic societies are being raised anew. Three contentious issues, in 

particular concerning religion, permeated the drafting and approval of Afghanistan’s 

constitution and Iraq’s TAL: the appropriate constitutional role for Islam; the scope of 

guarantees for fundamental human rights, including the right to freedom of thought, 

conscience, and religion; and the equality of rights and freedoms, especially for women. 

As Iraq’s newly elected transitional national assembly begins the process of drafting a 

permanent constitution, it is likely that matters concerning religion and human rights will 

resurface as key, potentially divisive, issues. 

About the U.S. Commission on International Religious Freedom

The United States Commission on International Religious Freedom (USCIRF or the 

"Commission") is a bipartisan independent federal agency created by Congress in 1998 to 

advise the U.S. government on ways to advance the internationally recognized right to 

 

3

 See Susan Waltz, “Universal Human Rights: The Contribution of Muslim States,” Human Rights 

Quarterly 26 (2004) pp. 800-44. 4

 Eight states abstained from the UN General Assembly vote on the UN Declaration of Human Rights: 

Byelorussia, Czechoslovakia, Poland, Saudi Arabia, South Africa, the former Soviet Union, Ukraine, and 

Yugoslavia. 

3
freedom of thought, conscience, and religion or belief as a part of U.S. policy to promote 

human rights around the world. As such, the Commission is concerned not with the 

protection of any one religion, but rather with the right of conscience and religious 

freedom as it is universally recognized in international legal instruments. 

The freedom of thought, conscience, and religion or belief protects the rights not only of 

members of religious minorities within a society, but also protects the rights of 

individuals within a majority faith to debate and dissent from state-imposed orthodoxies. 

Promoting religious freedom and related human rights abroad therefore is vital to the 

world’s strategic, as well as humanitarian, interests. When observed, freedom of religion 

or belief is one of the cornerstones of stable, democratic, productive societies in which 

the rule of law and human rights are respected and accorded value. When denied, 

generations of intolerance, authoritarianism and resulting societal instability may be 

sown. 

The USCIRF made specific recommendations on constitutional human rights guarantees 

in Afghanistan and Iraq in light of the unique role of the U.S. government in these 

situations. These recommendations were based on the standards set forth in international 

human rights instruments including the Universal Declaration of Human Rights (UDHR) 

and the International Covenant on Civil and Political Rights (ICCPR), to which both 

Afghanistan and Iraq are party. 

During their constitutional drafting sessions, Afghan and Iraqi participants, as well as 

international actors, sought models of constitutional text that reflect international human 

rights standards. While many such models exist globally, the Commission found that 

there was a dearth of collected materials on constitutional arrangements in predominantly 

Muslim countries, including countries where Islam is the state religion, which may afford 

more readily applicable—and potentially positive—examples. 

To be certain, actual implementation of constitutional provisions is dependent on a 

number of diverse factors, including level of state control, system of government, 

independence of the judiciary, individual access to the courts, and enforcement of judicial 

remedies. Relatedly, constitutional text alone may not necessarily reflect what is being 

done in practice, especially in the field of human rights. That said, constitutional text 

remains important for setting forth aspirational norms. It lays the groundwork for legal 

and political reconstruction. Even if not fully implemented upon enactment, 

constitutional text remains fixed as fundamental law and as a statement of national 

principles, and can be invoked by future generations seeking to fulfill its promise. 

This comparative analysis of constitutional texts was initiated and undertaken by the 

Commission’s legal policy staff, Tad L. Stahnke, Deputy Director for Policy, and Robert 

Blitt, Legal Policy Analyst. The comparative analysis of text is intended as a departure 

point, and an invitation for further examination of the interpretation and application of 

these texts—especially with regard to their practical impact on society, and on the 

protection of internationally recognized human rights. The Commission and the study’s 

4
authors hope that others may take up this task to further advance human rights, and the 

right to freedom of thought, conscience, and religion or belief, around the globe. 

 Preeta D. Bansal 

Chair, U.S. Commission on International Religious Freedom 

5
I. The Relationship between Religion and the State 

A. Islam as State Religion 

The global Muslim population is estimated at over 1.3 billion.5

 Of this figure, 

approximately 1 billion Muslims live in 44 predominantly Muslim countries where 

Muslims constitute more than half of the population.6

 Of the 1 billion Muslims living in 

predominantly Muslim countries, 28 percent live in ten countries that, according to the 

constitution, declare themselves to be Islamic states.7

 Generally, a country with a 

constitutional provision declaring itself to be an Islamic state distinguishes itself by 

seeking to promote a broader, more significant role for Islam within that country. This 

role can manifest itself in a number of ways, and the practical ramifications of a 

constitution declaring an Islamic state are not uniform. 

Each of the constitutions of the ten declared Islamic states also proclaim Islam to be the 

official religion of the state. In other words, all Islamic states declare Islam the official 

state religion. That said, there are an additional 12 predominantly Muslim countries that 

have chosen to declare Islam as the official state religion while forgoing the potentially 

more far-reaching impact of also declaring the country an Islamic state. Taken together, 

the 22 states that declare Islam the official religion account for 58 percent—or just over 

600 million—of the 1 billion Muslims living in predominantly Muslim countries. As with 

the smaller category of declared Islamic states, the practical ramifications of a declaration 

of Islam as the religion of the state vary from state to state. Within these countries, there 

exist a range of legal provisions, policies, and practices in the political, social, religious, 

and economic spheres. 

In contrast to this grouping of 22 states, the constitutions of 11 predominantly Muslim 

countries proclaim the state to be secular. These countries account for nearly 140 million 

Muslims, or 13.5 percent of the 1 billion Muslims living in predominantly Muslim 

countries. Finally, the 11 remaining predominantly Muslim countries have not made any 

constitutional declaration concerning the Islamic or secular nature of the state, and have 

not made Islam the official state religion. This group of countries, which includes 

Indonesia, the world’s largest Muslim country, accounts for over 250 million Muslims 

(see table below). 

 

5

 Accurate and up-to-date population data for many of the countries surveyed either does not exist or varies 

widely. Figures presented here are estimates and, unless indicated otherwise, are based on the U.S. 

Department of State’s Annual Report on International Religious Freedom 2004, prepared by the 

Department’s Bureau of Democracy, Human Rights and Labor. See 

http://www.state.gov/g/drl/rls/irf/2004/. 6

 All of the predominantly Muslim countries surveyed here, with the exception of Malaysia, are members 

of the Organization of the Islamic Conference (OIC). One of the OIC’s primary objectives is to “promote 

Islamic solidarity among Member States.” Article 2, Charter of the Organization of the Islamic Conference, 

March 4, 1972 (http://www.oic-oci.org/english/main/charter.htm). Although the OIC consists of 57 

member states, only 44 of these countries have a Muslim population greater than 50 percent according to 

data provided by the U.S. Department of State. 

7

 These states are: Afghanistan, Bahrain, Brunei, Iran, Maldives, Mauritania, Pakistan, Qatar, Saudi Arabia, 

and Yemen. 

6
Table: Defining a Constitutional Role for Religion 

Declared Islamic 

States 

Declared Islam as 

the State Religion 

No Constitutional 

Declaration 

Declared Secular 

States 

1. Afghanistan 

2. Bahrain 

3. Brunei 

4. Iran 

5. Maldives 

6. Mauritania 

7. Oman 

8. Pakistan 

9. Saudi Arabia 

10. Yemen 

Ten Islamic states and: 

11. Algeria 

12. Bangladesh 

13. Egypt 

14. Iraq (TAL) 

15. Jordan 

16. Kuwait 

17. Libya 

18. Malaysia 

19. Morocco 

20. Qatar 

21. Tunisia 

22. U.A.E. 

1. Albania 

2. Lebanon 

3. Syria 

4. Indonesia 

5. Comoros 

6. Djibouti 

7. Gambia 

8. Sierra Leone 

9. Somalia*

10. Sudan**

11. Uzbekistan 

1. Burkina Faso 

2. Chad 

3. Guinea 

4. Mali 

5. Niger 

6. Senegal 

7. Azerbaijan 

8. Kyrgyzstan 

9. Tajikistan 

10. Turkey 

11. Turkmenistan 

Estimated Muslim 

Population: 

285.5 million or 

approximately 28 

percent of Muslims 

living in predominantly 

Muslim countries. 

Estimated Muslim 

Population (including 

declared Islamic states): 

602.5 million or 

approximately 58 

percent of Muslims 

living in predominantly 

Muslim countries. 

Estimated Muslim 

Population: 

287.5 million or 

approximately 28.5 

percent of Muslims 

living in predominantly 

Muslim countries. 

Estimated Muslim 

Population: 

140 million or 

approximately 13.5 

percent of Muslims living 

in predominantly Muslim 

countries. 

Map: Predominantly Muslim Countries Classified by Relation with Islam 

It also should be noted that of the approximately 300 million Muslims not living in 

predominantly Muslim countries, the vast majority are found in just a handful of states. In 

particular, India, Nigeria, China, Russia, Ethiopia, and Tanzania are home to over 270 

million Muslims, or nearly 90 percent of those living outside of predominantly Muslim 

 

*

 At the time of writing, Somalia has no recognized constitution. 

** At the time of writing, parties to Sudan’s long-running civil war are contemplating the drafting of a new 

interim constitution. 

7
countries. These Muslims live under constitutional structures which are either declared 

secular or silent with respect to a state religion. (See Appendix D, below.) 

Under international human rights standards, a state can adopt a particular relationship 

with the religion of the majority of the population, including establishing a state religion, 

provided that such a relationship does not result in violations of the civil and political 

rights of, or discrimination against, adherents of other religions or non-believers. 

According to the UN Human Rights Committee’s General Comment on Article 18 

(freedom of thought, conscience, and religion) of the International Covenant on Civil and 

Political Rights (ICCPR): 

The fact that a religion is recognized as a state religion or that it is 

established as official or traditional or that its followers comprise the 

majority of the population, shall not result in any impairment of the 

enjoyment of any of the rights under the Covenant, including articles 18 

[freedom of thought, conscience, and religion] and 27 [rights of members 

of religious, ethnic and linguistic minorities], nor in any discrimination 

against adherents to other religions or non-believers. In particular, certain 

measures discriminating against the latter, such as measures restricting 

eligibility for government service to members of the predominant religion 

or giving economic privileges to them or imposing special restrictions on 

the practice of other faiths, are not in accordance with the prohibition of 

discrimination based on religion or belief and the guarantee of equal 

protection under article 26 [equal protection of the law without any 

discrimination].8

In a similar vein, the European Court of Human Rights has stated that the mere existence 

of a state religion or established church does not violate the right to freedom of religion 

or belief as long as individuals are free to leave that religion or church.9

B. Alternatives to Constitutional Recognition of a State Religion 

Several countries around the world, Muslim and non-Muslim alike, have made a special 

recognition of a particular religion in the preamble or body of the constitution, without 

adopting a state religion or established church or any facially operative constitutional 

distinction between religions or among adherents of different religions. For example, 

Sudan’s constitution provides that: “Islam is the religion of the majority of the 

population. Christianity and customary creeds have considerable followers.” The 

constitution of Greece states that the “prevailing religion in Greece is that of the Eastern 

 

8

 Para. 9, Human Rights Committee, “General Comment No. 22: The Right to Freedom of Thought, 

Conscience and Religion (Art. 18)”, UN Doc. CCPR/C/21/Rev.1/Add.4, July 30, 1993 

(http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/9a30112c27d1167cc12563ed004d8f15?Opendocument) 

(hereinafter General Comment 22). 

9 Darby v. Sweden, 187 Eur. Ct. H.R. (ser. A) (1990), [1990] ECHR 24 (October 23, 1990), 13 E.H.R.R. 

774 (1991) (http://hudoc.echr.coe.int/Hudoc1doc/HEJUD/sift/227.txt). 

8
Orthodox Church of Christ,”10 the Georgian constitution “recognizes [the] special role of 

the Apostolic Autocephal Orthodox Church of Georgia,”11 and Bulgaria’s constitution 

asserts Eastern Orthodox Christianity as the “traditional religion.”12 In addition, the 

constitution of Thailand requires that the state “shall patronize and protect Buddhism and 

other religions,”13 and according to Argentina’s constitution, the “Federal Government 

supports the Roman Catholic Apostolic Faith.”14 

Finally, some constitutions make reference to God or other religious concepts but are 

otherwise secular in nature. For example, the Indonesian constitution provides that the 

“State shall be based upon the belief in the One and Only God.”15 The range of 

references to religion demonstrated here results in a variety of constitutional practices 

that characterize a given state’s relationship with religion. In practice, some of these 

relationships may contribute to violations of the right to freedom of thought, conscience, 

and religion or belief, and other human rights. 

C. Constitutional Role for Islamic Law, Principles, or Jurisprudence 

i) Overview 

Twenty-two of 44 predominantly Muslim countries recognize some constitutional role for 

Islamic law, principles, or jurisprudence. This includes 18 of the 22 countries where 

Islam is the religion of the state,16 as well as four predominantly Muslim countries where 

Islam is not the declared state religion.17 In countries where a constitutional role for Islam 

is established, that role varies and in some cases may be restricted to specific matters, 

such as personal status issues or the creation of councils designed to advise the 

government concerning questions related to religion and religious life.18 (See Appendix 

A below.) 

 

10 Article 3(1), Constitution of Greece, 1975 (as amended to 2002). 11 Article 9(1), Constitution of Georgia, 1995 (as amended to 2003). 

12 Article 13(3), Constitution of the Republic of Bulgaria, 1991 (as amended to 2003). 

13 Section 73, Constitution of the Kingdom of Thailand, 1997. 

14 Article 2, Constitution of the Argentine Nation, 1994. 

15 Article 29(1), Constitution of the Republic of Indonesia, 1945 (as amended to 2002). 

16 Afghanistan, Algeria, Bahrain, Egypt, Iraq, Iran, Jordan, Kuwait, Libya, Malaysia, Maldives, Mauritania, 

Oman, Pakistan, Qatar, Saudi Arabia, U.A.E, and Yemen. 

17 The additional four states that invoke Islamic principles, law, or jurisprudence in their constitutions 

without having declared Islam as the state religion are Comoros, Gambia, Sudan, and Syria. The four states 

that declare Islam the state religion but do not establish any additional role for Islamic law, principles, or 

jurisprudence are Bangladesh, Brunei, Morocco, and Tunisia.

18 For example, both the constitutions of Jordan and Malaysia limit the role of Islamic law. Under Jordan’s 

constitution, Islamic law applies only to personal status law and matters pertaining to waqfs (Muslim 

religious endowments or trusts). Arts. 102-110, Constitution of the Hashemite Kingdom of Jordan, 1952 (as 

amended to 1984). Likewise, in Malaysia, the application of Islamic law is restricted to certain enumerated 

areas, and in most cases falls within state jurisdiction under the federal division of powers. See Ninth 

Schedule, List II—State List, Constitution of Malaysia, 1957 (as amended to 1994). Although the 

constitution of Gambia does not declare Islam as the state religion, it similarly restricts the application of 

Sharia as a source of legislation to “matters of marriage, divorce and inheritance.” Art. 7, Constitution of 

the Gambia, 1996. 

9
ii) Islam as Source of Legislation 

The constitutions of several countries where Islam is the state religion, including Egypt 

and the Gulf states, establish Islamic law, principles, or jurisprudence as “the basis for,” 

“the principal source of,” “a principal source of,” or “the source of” legislation. This 

practice of declaring Islamic law as a basis for legislation also occurs in countries such as 

Syria and Sudan, which do not have a declared state religion. 

In several of these cases, no additional constitutional guidance is given to address the 

question of what governmental body, process, or mechanism, if any, is charged with 

assessing the conformity of legislation with Islamic principles or law. Moreover, many of 

these constitutions fail to provide any further definition of the terms “Islam,” “sharia” 

(Islamic law) or the “fundamentals,” “principles,” or “jurisprudence” of Islam. In Egypt, 

this role has fallen to the Supreme Constitutional Court, whereas in Pakistan, the 

constitution specifically assigns this role to the Federal Shariat Court.19 The ramifications 

of establishing a constitutionally-mandated legislative role for Islam vary from country to 

country, though a full analysis on this subject is beyond the scope of this study. 

iii) Other Provisions for Recognition of Islamic Principles 

Other examples of how various constitutions lend meaning to or implement a function for 

Islamic principles demonstrate that diverse arrangements exist. Article 3 of Afghanistan’s 

new constitution features a “repugnancy clause” that provides “no law can be contrary to 

the sacred religion of Islam and the values of this Constitution.” Moreover, under the new 

constitution, ordinary legislation may be used to restrict or trump the constitutional rights 

of individual Afghanis, since the scope of many of these rights are made subject to 

“provisions of the law.”20 In a related vein, Afghanistan’s constitution also requires that 

courts render decisions based on “provisions of the Hanafi jurisprudence” when “there is 

no provision in the Constitution or the laws with respect to a case under consideration.”21 

For other countries, Islamic principles are constitutionally recognized, but neither selfexecuting nor judicially enforceable. Article 8(1A) of the Bangladesh constitution 

provides that “Absolute trust and faith in the Almighty Allah shall be the basis of all 

actions.”22 However, part 2 of the same article states that this principle, while 

“fundamental to the governance of Bangladesh...shall not be judicially enforceable.” 

Under Algeria’s constitution, state institutions are not permitted to engage in “practices 

contrary to Islamic morals.”23 This provision is supported by a constitutionally mandated 

High Islamic Council charged with: (a) encouraging and promoting ijtihad, or 

interpretation of Islamic law; (b) providing its opinion on religious rules; and (c) 

presenting periodic reports of its activity to the President.24 The constitutions of 

 

19 See Part V below. 

20 For example, under art. 2, freedom to perform religious rites is permitted only “within the limits of the 

provisions of law.” See also arts. 23, 27, 35, 37, 39, 40 and 50. 

21 Art. 130, Constitution of Afghanistan. 

22 Art. 8(1A), Constitution of Bangladesh. 

23 Art. 9, Constitution of Algeria. 

24 Arts. 171-72, Constitution of Algeria. 

10
Mauritania, Comoros, and Pakistan also establish advisory bodies that assess laws or 

other official matters in light of Islamic principles.25 

iv) Other Principles in Addition to Islam May Be Sources of Legislation or the Basis 

for Determining Constitutional Repugnancy 

In some countries, other principles are mentioned as sources of legislation alongside 

Islamic law, principles, or jurisprudence. For example, in addition to “Islamic law and the 

consensus of the nation, by referendum,” Sudan recognizes the “Constitution and 

custom” as sources of legislation.26 A variation of this type of clause is found in article 9 

of Algeria’s constitution, which states that “The [government] institutions 

forbid...practices contrary to Islamic morals and the values of [the] November 

[revolution].” 

Significantly, Iraq’s TAL establishes not only Islam as a check on legislation, but 

provides that legislation cannot contradict democratic principles or human rights 

guarantees as well. Article 7(a) of Iraq’s TAL provides that “No law that contradicts the 

universally agreed tenets of Islam, the principles of democracy, or the rights cited 

in...this Law may be enacted during the transitional period.”27

 

25 Mauritania’s constitution establishes a High Islamic Council (art. 94), the Comoros constitution 

establishes a Council of the Ulemas to assist the government “in formulating decisions that affect the 

religious...life of the country” (art. 36), and Pakistan’s constitution creates a Council of Islamic Ideology 

(art. 228). 

26 Art. 65, Constitution of Sudan. 

27 Notably, a recent conference on Islam and democracy concluded that if a constitution is to recognize 

Islamic law or principles, the relevant constitutional language should “always recognize not only the basic 

principles of Islam, but also the principles of democracy, pluralism, social justice, rule of law, and [a 

country’s] international obligations.” Rand Center for Asia Pacific Policy, “Democracy and Islam in the 

New Constitution of Afghanistan: Conference Proceedings,” January 2003, 2. USCIRF Commissioner 

Khaled Abou El Fadl was a participant in this conference before his appointment to the Commission. 

11
II. Guarantee of the Right to Freedom of Religion or Belief 

A. Minimum International Standards for Constitutional Provisions 

The minimum international standards required for an effective constitutional 

guarantee of the right of freedom of religion or belief may be extracted from the 

UDHR and the ICCPR. These minimum standards include: 

• Universal applicability to everyone as individuals, regardless of 

religion or belief; 

• The freedom to manifest a religion or belief, either individually or in 

community with others, in public or private; 

• Freedom to manifest all aspects of a religion or belief, including 

worship, teaching, practice, and observance; 

• No coercion that would impair the freedom to have or to adopt a 

religion or belief of one’s choice.28 (Aspects of a constitution that 

could constitute coercion include: (a) no provision for equality or the 

prohibition of discrimination on the basis of religion; or (b) separate 

political rights for citizens of different religions); and 

• Limitations on the right to freedom of thought, conscience, and 

religion or belief only in certain circumstances as provided for under 

international law (see below). 

B. Relevant International Human Rights Instruments 

i) Universal Declaration of Human Rights (UDHR) 

Article 18 of the UDHR provides: 

Everyone has the right to freedom of thought, conscience and religion; this 

right includes freedom to change his religion or belief, and freedom, either 

alone or in community with others and in public or private, to manifest his 

religion or belief in teaching, practice, worship and observance.29

ii) International Covenant on Civil and Political Rights (ICCPR) 

Article 18 of the ICCPR provides: 

 

28 According to the UN Human Rights Committee, “Article 18.2 [of the ICCPR] bars coercion that would 

impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal 

sanctions to compel believers or non-believers to adhere to their religious beliefs and congregations, to 

recant their religion or belief or to convert. Policies or practices having the same intention or effect, such 

as, for example, those restricting access to education, medical care, employment or the rights guaranteed by 

article 25 [political rights] and other provisions of the Covenant, are similarly inconsistent with article 18.2. 

The same protection is enjoyed by holders of all beliefs of a non-religious nature.” Para. 5, General 

Comment 22. 

29 Universal Declaration of Human Rights, adopted and proclaimed by General Assembly resolution 217A 

(III), December 10, 1948 (http://www.un.org/Overview/rights.html). 

12
1. Everyone shall have the right to freedom of thought, conscience and 

religion. This right shall include freedom to have or to adopt a religion or 

belief of his choice, and freedom, either individually or in community with 

others and in public or private, to manifest his religion or belief in 

worship, observance, practice and teaching. 

2. No one shall be subject to coercion, which would impair his freedom to 

have or to adopt a religion or belief of his choice. 

3. Freedom to manifest one’s religion or beliefs may be subject only to 

such limitations as are prescribed by law and are necessary to protect 

public safety, order, health, or morals or the fundamental rights and 

freedoms of others. 

4. The States Parties to the present Covenant undertake to have respect for 

the liberty of parents and, when applicable, legal guardians to ensure the 

religious and moral education of their children in conformity with their 

own convictions.30

C. Implementation of International Standards in Predominantly Muslim Countries 

i) Constitutional Provisions that Compare Favorably 

Several predominantly Muslim countries have constitutional guarantees of the right to 

freedom of religion or belief that, on their face, compare favorably with these 

international standards (see Appendix B). For example, the constitutions of Pakistan and 

Bangladesh provide that, subject “to law, public order and morality...every citizen shall 

have the right to profess, practice and propagate his religion,”31 and Iraq’s TAL 

guarantees that “Each Iraqi has the right to freedom of thought, conscience, and religious 

belief and practice. Coercion in such matters shall be prohibited.”32

ii) Constitutional Provisions that Compare Less Favorably 

Conversely, several countries where Islam is the state religion have constitutional 

provisions regarding the right to freedom of religion or belief that, on their face, do not 

compare favorably with all aspects of international standards. Examples include 

provisions: 

(a) Limited to worship or the practice of religious “rites”;33 

(b) Limited to one or more religions or class of religions;34 or 

 

30 International Covenant on Civil and Political Rights, adopted by General Assembly resolution 2200A 

(XXI), December 16, 1966, entry into force March 23, 1976 

(http://www.unhchr.ch/html/menu3/b/a_ccpr.htm) (hereinafter ICCPR). 31 Art. 20(a), Constitution of Pakistan. Article 41(1)(a) of the Bangladesh constitution is drafted in a similar 

manner. 

32 Art. 13(f), Iraq TAL. The TAL also “guarantees the full religious rights of all individuals to freedom of 

religious belief and practice.” See Art. 7(a), TAL. 33 See for example, Egypt (art. 46), Morocco (art. 6), and Afghanistan (art. 2). 

13
(c) Allowing limitations on freedom of religion by any ordinary law rather 

than only those limitations permitted under international law.35

iii) Freedom of Religion or Belief as a Right of Every Individual 

Several countries with predominantly Muslim populations have constitutions that clearly 

specify that the right to freedom of religion or belief is to be extended to either every 

citizen or every individual. For example, Pakistan and Senegal extend the right of 

freedom of religion and belief to “every citizen” and “all citizens,” whereas Indonesia’s 

provision covers “every person.”36 

However, other constitutional provisions in many countries where Islam is declared to be 

the state religion are less clear, raising the possibility that only groups, rather than 

individuals, are afforded protection. Failure to provide explicit protection for individuals 

means that—depending upon interpretation and application—the group or the state may 

define the exact parameters of the right to freedom of religion or belief rather than the 

individual. Consequently, individuals may not be protected fully in their freedom to 

dissent from established religious teachings (i.e. an individual’s right to have a religion or 

belief that differs or dissents from the rules or doctrines of a religious group with whom 

that individual might be associated).37

iv) Constitutional Safeguards Against Coercion in Matters of Religious Belief 

Finally, several constitutions contain provisions designed to protect individuals against 

coercion that would impair the freedom to have or to adopt a religion or belief, further 

bolstering protections for the freedom of thought, conscience, and religion or belief. 

Examples of countries that include such provisions in their constitutions include Albania, 

Bangladesh, Pakistan, Azerbaijan, Sierra Leone, Turkey, Malaysia, and Sudan.38 These 

provisions cover a wide range of areas and generally seek to protect individuals from 

being compelled to: 

• Participate in religious practices or become a member of a religious community; 

• Reveal or profess a religion or belief publicly; 

• Receive religious instruction or education of a religion that is not one’s own; 

• Take an oath contrary to one’s religion; or 

• Pay a tax that is used for the purposes of a religion other than one’s own. 

 34 For example, under article 13 of Iran’s constitution, “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...” Under art. 2 of Afghanistan’s constitution, recognition of religious freedom is 

limited to non-Muslims. 

35 See for example, Afghanistan (art. 2), Yemen (art. 41), Bahrain (art. 22), Kuwait (art. 35), Maldives (art. 

25), and Libya (art. 2). 

36 Pakistan (art. 20(a)), Senegal (art. 8), and Indonesia (art. 28(e)). Other countries with similar individual 

guarantees include Albania, Bangladesh, Malaysia, Mauritania and Kyrgyzstan (see Appendix B). 

37 Several predominantly Muslim countries have constitutions that do not frame freedom of religion and 

belief specifically as an individual right, including Algeria (art. 36), Bahrain (art. 22), and Egypt (art. 46). 

38 Albania (art. 24(3)), Bangladesh (art. 41(2)), Pakistan (art. 21), Azerbaijan (art. 71(IV)), Sierra Leone 

(art. 24), Turkey (art. 24), Malaysia (art. 11(2)), and Sudan (art. 24) (see Appendix B below). 

14
v) Table: Comparison of Constitutional Provisions on Freedom of Religion to International Standards

Generally Compare 

Favorably 

Establish Specific 

Safeguards Against 

Religious Coercion 

No Provisions or 

Provision only for the 

Right to Worship 

Provisions that Do Not Define Rights 

on an Individual Basis or Limit Rights 

to One or More Enumerated Groups 

Pro

Limita

Under 

Middle East & North Africa Iraq (TAL) South AsiaBangladesh Pakistan East AsiaIndonesia Malaysia Africa Chad Djibouti Gambia Guinea Mali Niger Senegal Sierra Leone Sudan Eastern Europe & EurasiaAlbania Azerbaijan Kyrgyzstan Tajikistan Turkey Turkmenistan Uzbekistan 

Middle East & North Africa Iraq (TAL) South Asia Bangladesh Pakistan East Asia Malaysia Africa Sierra Leone Sudan Eastern Europe & Eurasia Albania Azerbaijan Turkey Uzbekistan 

Middle East & North Africa Algeria*Bahrain Egypt Iran Jordan Kuwait*Lebanon Libya Morocco Oman Qatar Saudi Arabia*Syria Tunisia*U.A.E. Yemen*South Asia Afghanistan East Asia Brunei Maldives*Africa Comoros*Mauritania*Somalia**Eastern Europe & Eurasia n/a 

Middle East & North Africa Bahrain Egypt Iran Jordan Lebanon Libya Oman Syria U.A.E. South Asia Afghanistan East Asia Maldives Africa Burkina Faso Eastern Europe & Eurasia n/a 

Middle EBahrain Iran Jordan Kuwait Libya Oman U.A.E. South AsAfghanistEast Asia Brunei Maldives Africa Djibouti Gambia Niger Sierra LeoEastern ETurkey 

* Countries with no constitutional provisions concerning freedom of religion specifically. ** At the time of writing, Somalia has no recognized constitution. 
D. Constitutional Restrictions on the Right to Freedom of Religion or Belief 

Several countries with constitutions establishing Islam as the state religion either do not contain 

guarantees of the right to freedom of religion or belief, or contain guarantees that, on their face, 

do not compare favorably with all aspects of international standards. Examples of such countries 

include Iran, Libya, and Oman. Some countries, such as Egypt and Saudi Arabia, assert that 

these restrictions flow from the position of Islam as a declared state religion and/or the role of 

Islam or sharia in the legal system.39 Nevertheless, the United Nations Human Rights Committee 

(HRC), the body that assesses compliance with the International Covenant on Civil and Political 

Rights (ICCPR), has concluded that restrictions made on this basis constitute violations of the 

ICCPR. For example, the HRC expressed concern about “infringements of the right to freedom 

of religion or belief” in Egypt, deplored “the ban on worship imposed on the Bahai community,” 

and called on the government to ensure that “its legislation and practice are consistent with 

article 18 of the Covenant.”40 In the case of Yemen, the HRC called on the government to 

“ensure that its legislation and practice are in line with the provisions of the Covenant and in 

particular that the right of persons to change their religion...is respected.”41 In addition, the 

Committee noted “with concern the situation of discrimination against women in matters of 

personal status, more particularly in marriage and divorce as well as the rights and duties of 

spouses,” and requested that the government ensure that “in all fields in the life of society, 

women enjoy complete equality with men, both in law and in fact.”42 (see Part E below). 

In all cases, it should be emphasized that differences may exist in practice between written 

provisions and actual enforcement of rights. Indeed, violations of the right to freedom of religion 

or belief are not restricted to countries with a declared state religion; similar violations likewise 

may occur in countries where the constitution does not provide for a state religion or established 

church.43

 

39 See UN Human Rights Committee, “Summary Record of the 2048th Meeting: Consideration of Reports Submitted 

By Egypt Under Article 40 of the Covenant,” UN Doc. CCPR/C/SR.2048, October 23, 2002, UN Committee on the 

Elimination of Racial Discrimination, “Reports Submitted By Saudi Arabia Under Article 9 of the Convention,” UN 

Doc. CERD/C/370/Add.1 and Corr.1, September 20, 2001, and UN Committee on the Elimination of Racial 

Discrimination, “Summary Record of the 1558th Meeting: Consideration of Reports, Comments and Information 

Submitted By Saudi Arabia Under Article 9 of the Convention,” UN Doc. CERD/C/SR.1558, March 10, 2003. 40 Para. 17, Human Rights Committee, “Concluding Observations of the Human Rights Committee: Egypt” UN 

Doc. CCPR/CO/76/EGY, November 28, 2002 

(http://www.unhchr.ch/tbs/doc.nsf/0/89189f6057f03fdec1256c68002f1ec4?Opendocument). 41 Para. 20, Human Rights Committee, “Concluding Observations of the Human Rights Committee: Yemen” UN 

Doc. CCPR/CO/75/YEM, July 26, 2002 

(http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/83b4694b87b1f1abc1256c0500253d65?Opendocument). 42 Para. 7, Human Rights Committee, “Concluding Observations of the Human Rights Committee: Yemen” UN 

Doc. CCPR/CO/75/YEM, July 26, 2002. 

43 After reviewing the state party report submitted by Uzbekistan, the HRC concluded that the government must 

abolish legislation that requires “religious organizations and associations to be registered to be entitled to manifest 

their religion and beliefs,” as well as a Penal Code provision “which penalizes the failure of leaders of religious 

organizations to register their statutes,” since those provisions were found to violate article 18 of the ICCPR. Para. 

24, Human Rights Committee, “Concluding Observations of the Human Rights Committee: Uzbekistan”, UN Doc. 

16
That said, several countries with a declared state religion or an established church provide 

generally effective protection in law and in practice to the right to freedom of religion or belief 

and related human rights (for example, Norway, Denmark, and Iceland). The circumstances 

under which such protection occurs include: 

(a) Constitutional and/or legislative guarantees in line with international standards 

for upholding freedom of thought, conscience, religion or belief and related 

human rights, as well as effective mechanisms to enforce these guarantees in 

practice; 

(b) Enforceable prohibitions of discrimination on account of religion or belief; 

and 

(c) Strong adherence to rule of law and international human rights norms, 

including access to enforcement mechanisms for these norms through 

international institutions such as the European Court of Human Rights. 

E. Permissible Limitations on Freedom to Manifest a Religion or Belief Under 

International Law 

Under international standards, no limitations whatsoever are permitted on the freedom to have or 

adopt a religion or belief of one’s choice. The guarantee of freedom from coercion to have or to 

adopt a religion or belief and the liberty of parents and guardians to ensure religious and moral 

education also cannot be restricted.44 However, the freedom to manifest a religion or belief may 

be limited in certain circumstances according to ICCPR Art. (18)(3). In the words of the UN’s 

HRC: 

 

• Article 18.3 [of the ICCPR] permits restrictions on the freedom to manifest 

religion or belief only if limitations are prescribed by law and are necessary 

to protect public safety, order, health or morals, or the fundamental rights 

and freedoms of others. 

• In interpreting the scope of permissible limitation clauses, States parties 

should proceed from the need to protect the rights guaranteed under the 

Covenant, including the right to equality and non-discrimination on all 

grounds specified in articles 2, 3 and 26. 

• Limitations imposed must be established by law and must not be applied in a 

manner that would vitiate the rights guaranteed in article 18. 

• The Committee observes that paragraph 3 of article 18 is to be strictly 

interpreted: restrictions are not allowed on grounds not specified there, even if 

 CCPR/CO/71/UZB 26/04/2001 April 24, 2001 

(http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CCPR.CO.71.UZB.En?Opendocument). 44 Para. 8, General Comment 22. 

17
they would be allowed as restrictions to other rights protected in the 

Covenant, such as national security. 

• Limitations may be applied only for those purposes for which they were 

prescribed and must be directly related and proportionate to the specific need 

on which they are predicated. Restrictions may not be imposed for 

discriminatory purposes or applied in a discriminatory manner. 

• The Committee observes that the concept of morals derives from many social, 

philosophical and religious traditions; consequently, limitations on the 

freedom to manifest a religion or belief for the purpose of protecting morals 

must be based on principles not deriving exclusively from a single tradition.45

Despite these principles laid out by the HRC, a number of predominantly Muslim countries that 

have ratified the ICCPR have constitutional provisions that, on their face, permit limitations that 

are not consistent with international standards.46 For example, in Afghanistan, the right to 

manifest religion is contingent upon “provisions of the law”,47 which may enable limitations of 

the right based on non-enumerated grounds. In addition, provisions in other countries introduce 

limitations not recognized under international standards including recognition of a limited list of 

religious communities,48 “public policy,”49 “established customs,”50 “decorum,”51 “the order 

established by law and the regulations,”52 and state sovereignty and national security.53

 

45 Para. 8, General Comment 22 (emphasis added). 

46 At the same time, specific limitations not in accordance with the views of the HRC also exist in countries such as 

Maldives, which has not signed the ICCPR. Under the Maldives constitution, the rights to freedom of conscience 

and expression may be restricted on the grounds of “protecting the basic tenets of Islam.” Art. 25, Constitution of 

the Republic of Maldives. 

47 Art. 2, Constitution of Afghanistan. 

48 Art.13, Constitution of Iran. 

49 Art. 35, Constitution of Kuwait. 

50 For example, Libya (art. 2), and Bahrain (art.22). 51 Art. 14, Constitution of Jordan. 

52 Art. 11, Constitution of Djibouti. 

53 Art. 25, Constitution of Gambia. Article 14 of Turkey’s constitution also expresses a limitation to the right of 

freedom of religion based on national security grounds. 

18
III. Related Rights: Freedom of Expression, Association, and Assembly 

A. Overview 

Many manifestations of religion or belief also fall within the scope of the related rights of 

freedom of expression, association, and assembly. Thus, protection of the right to freedom of 

religion or belief is enhanced by effective constitutional guarantees of these related rights. 

As with the freedom to manifest religion or belief, the rights to freedom of expression, 

association, and assembly also are subject to restriction only in limited circumstances under 

international standards such as the ICCPR. Restrictions on these rights may be imposed only as 

prescribed by law and where necessary “in the interests of national security or public safety, 

public order...the protection of public health or morals or the protection of the rights and 

freedoms of others.”54

B. Application of Related Rights 

In several countries where Islam is the religion of the state, the constitutional provisions on the 

rights to freedom of expression, association, and assembly provide that the right can be 

circumscribed by any ordinary act of the legislature, rather than under the specific circumstances 

envisioned under international law.55 However, other countries having Islam as a state religion 

do maintain provisions on these rights that, on their face, compare favorably with international 

standards.56

From among the related human rights discussed above, freedom of religion or belief is intimately 

linked with the right to freedom of expression. For example, enforcement of offenses of 

blasphemy and injury to religious feelings may conflict with the right to freedom of expression. 

These types of laws “can be used to suppress the expression of religious beliefs or opinions on 

religious issues that are perceived to be incorrect by or are unpopular with adherents of other 

religious groups, particularly the dominant group.”57 Although outside the reach of this study, a 

robust analysis of how such conflicts are addressed in practice is crucial for determining the 

scope of freedom of religion or belief in a given country. 

 

54 See articles 19, 21 and 22, ICCPR. 

55 See for example Pakistan, art. 19, which subjects the right of freedom of expression to, inter alia, “any reasonable 

restrictions imposed by law in the interest of the glory of Islam,” Bahrain, art. 23, which allows for freedom of 

expression “provided that the fundamental beliefs of Islamic doctrine are not infringed, the unity of the people is not 

prejudiced, and discord or sectarianism is not aroused,” and Yemen, art. 41, which provides that “The State shall by 

law secure freedom of thought and expression whether orally, in writing or in pictures and as provided for by law.” 

56 See for example Algeria, art. 36 and Bangladesh, art. 41. 

57 Tad Stahnke, “Proselytism and the Freedom to Change Religion in International Human Rights Law,” 1999 

B.Y.U. L. Rev. 289. 

19
IV. Equality and Prohibition of Discrimination 

A. Overview 

Many of the constitutions of predominantly Muslim countries contain provisions addressing: 

(a) Equality before the law; 

(b) Equality of rights and freedoms (including in some cases specific provision of 

equal rights for men and women); and 

(c) Non-discrimination in rights or other official activities on the basis of, inter alia, 

religion and gender.

B. Constitutional Provisions on Equality and Nondiscrimination that Compare Favorably 

with International Standards 

Not all countries with Islam as a declared state religion have opted to make equality subject to 

Islamic law. Several countries with Islam as the state religion maintain equality provisions that 

reflect international standards.58 For example, article 12 of Iraq’s TAL guarantees that: 

All Iraqis are equal in their rights without regard to gender, sect, opinion, belief, 

nationality, religion, or origin, and they are equal before the law. Discrimination 

against an Iraqi citizen on the basis of his gender, nationality, religion, or origin is 

prohibited. Everyone has the right to life, liberty, and the security of his person. 

No one may be deprived of his life or liberty, except in accordance with legal 

procedures. All are equal before the courts. 

Oman’s constitution states that “All citizens are equal before the Law and share the same public 

rights and duties. There is no discrimination between them on the ground of gender, origin, 

colour, language, religion, sect, domicile, or social status.”59 Similarly, Algeria provides that 

“citizens are equal before the law without any possible discrimination on the basis of birth, race, 

gender (sex), opinion or all other conditions or personal or social circumstance.”60

 

58 According to the HRC, discrimination, as used in the ICCPR, “should be understood to imply any distinction, 

exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, 

political or other opinion, national or social origin, property, birth or other status, and which has the purpose or 

effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all 

rights and freedoms.” In the same respect, the HRC also found that article 26 of the ICCPR (equal protection) does 

not “merely duplicate the guarantee already provided for in article 2 but provides in itself an autonomous right. It 

prohibits discrimination in law or in fact in any field regulated and protected by public authorities.” Para. 7 and 12, 

Human Rights Committee, “General Comment No. 18: Non-discrimination”, CCPR/C/21/Rev.1/Add.1 (1989), 10 

November 1989 (http://www.unhchr.ch/tbs/doc.nsf/0/3888b0541f8501c9c12563ed004b8d0e?Opendocument). 59 Oman, art. 17. 

60 Algeria, art. 29. 

20
The constitutions of some predominantly Muslim countries go even further in asserting the right 

of equality and protection from discrimination. For example, Syria’s constitution guarantees “for 

women all opportunities enabling them to fully and effectively participate in the political, social, 

cultural, and economic life” and provides that “citizens are equal before the law in their rights 

and duties.”61 Likewise, Chad’s constitution ensures that “Chadians of either sex have the same 

rights and the same duties” and extends “to all equality before the law, without distinction of 

origin, race, sex, religion, political opinion, or social position.”62

C. Constitutional and Other Limitations on the Rights to Equality and Nondiscrimination 

At least five constitutions of countries where Islam is the religion of the state, including Egypt 

and Bahrain, explicitly make equality subject to Islamic principles or the rules of Islamic 

jurisprudence regarding the treatment of men and women.63 Qualifying equality in this way may 

subject women to discriminatory treatment in law and practice, particularly with regard to 

personal status issues such as marriage, divorce, and inheritance. Typically, this issue does not 

arise in secular states, where the principle of equality is expressed without qualification. 

Still other predominantly Muslim countries’ constitutions provide exceptions from general 

nondiscrimination provisions for personal status issues such as adoption, marriage, and 

divorce,64 or limit the application of equality to specific rights,65 or do not address the issues of 

equality and discrimination altogether.66

Finally, the constitutions of a number of predominantly Muslim countries may restrict to Muslim 

citizens the right to serve in government positions, and particularly to hold executive power. This 

is achieved by requiring a specific Islamic oath or by stipulating that only Muslims can hold a 

given position. For example, in Yemen, the president, vice-president, members of the House of 

Representatives, prime minister, and other ministers must take the following constitutional oath: 

“I solemnly swear to God the Almighty that I shall abide by the Holy Koran and the Sunnah of 

Prophet Muhammed...”67 Alternatively, according to the Tunisian constitution, only a Tunisian 

citizen “of Moslem religion...may present himself as a candidate for the Presidency of the 

Republic,” in Syria, “the religion of the President of the Republic shall be Islam,” and in 

Pakistan, “A person shall not be qualified for election as President unless he is a Muslim.”68 In 

other predominantly Muslim countries, an Islamic oath is required by individuals before being 

permitted to take office. 

 

61 Syria, arts. 45 and 25. 

62 Chad, arts. 13 and 14. 

63 Bahrain, art. 5(b); Egypt, art. 11; Iran, arts. 20-21; Saudi Arabia, art. 8; and Yemen, art. 31. 

64 Sierra Leone, art. 27(4)(d) and Gambia, art. 33(5)(c). 

65 For example, compare the Moroccan constitution’s provision “Men and Women enjoy equal political rights” (art. 

8), with Azerbaijan’s more broadly formulated, “Men and women have equal rights and freedoms” (art. 25). 

66 See for example Brunei. 

67 Yemen, art. 159. 

68 Tunisia, art. 40, Syria art. 3(1), and Pakistan art. 41(2). 

21
This restriction also may manifest itself in more specific forms, whereby practice of a particular 

strand of Islam is established—often in favor of another Muslim community—as a prerequisite 

to political office. For example, in the Maldives, a “person shall be qualified to be elected as 

President if he is a Muslim of Sunni following;” and in Brunei, “No person shall be appointed to 

be Prime Minister unless he is a Brunei Malay professing the Muslim religion and belonging to 

the [Shafeite] sect of that religion.”69 

 

69 Maldives, art. 34(a), and Brunei, art. 4(5) emphasis added. 

22
V. Constitutional Law: 

Supremacy, Remedies for Rights Violations, and Revisions 

A. Laws Inconsistent with Fundamental Rights May Be Void 

The constitutions of at least three predominantly Muslim countries which have established Islam 

as the state religion, as well as Iraq’s TAL, contain a provision that makes void any law 

inconsistent with fundamental rights as set out in the constitution.70 For example, article 26 of 

Bangladesh’s constitution provides: 

(1) All existing law inconsistent with the provisions [on fundamental rights] shall, 

to the extent of such inconsistency, become void on the commencement of this 

Constitution. 

(2) The State shall not make any law inconsistent with any provisions of this Part, 

and any law so made shall, to the extent of such inconsistency, be void. 

Pakistan’s constitution also provides safeguards for protection of fundamental rights under 

article 8: 

(1) Any law, or any custom or usage having the force of law, in so far as it is 

inconsistent with the rights conferred by this Chapter [on fundamental rights] 

shall, to the extent of such inconsistency, be void. 

(2) The State shall not make any law which takes away or abridges the rights so 

conferred and any law made in contravention of this clause shall, to the extend 

[sic] of such contravention, be void.71

More generally, the constitutions of several predominantly Muslim countries provide for the 

supremacy of the constitution over other laws and regulations, and also establish a constitutional 

court or other official body to assess the conformity of laws to the constitution, including 

guarantees of human rights. Malaysia’s provision on constitutional supremacy is not as specific 

as Bangladesh’s, yet it still provides that the constitution: 

is the supreme law of the Federation and any law passed...which is inconsistent 

with this Constitution shall, to the extent of the inconsistency, be void.72

 

70 These countries are: Bangladesh, Pakistan, and Maldives (art. 31). 71 It should be noted that Pakistan’s constitution also tasks a Federal Shariat Court with examining “whether or not 

any law or provision of law is repugnant to the Injunctions of Islam, as laid down in the Holy Quran and the Sunnah 

of the Holy Prophet.” If such a law is determined to be repugnant to those injunctions, “such law or provision shall, 

to the extent to which it is held to be so repugnant, case [sic] to have effect on the day on which the decision of the 

Court takes effect See Art. 203(D)(1) and (D)(3)(b), Pakistan. 72 Art. 4(1), Malaysia. 

23
B. Constitutionally Recognized Rights May be Superseded by Ordinary Law 

Some constitutions do not entrench supremacy for human rights guarantees and as a 

consequence, in certain situations these guarantees may be superseded by an ordinary act of 

legislation. As noted above, Afghanistan’s new constitution, on its face, permits ordinary 

legislation to restrict or trump fundamental individual rights. Other countries with similar 

provisions include Senegal, Yemen, and Iran.73 

C. Review of Constitutionality May Implicate the Conformity of Legislation with Islam 

In states where Islamic principles, law, or jurisprudence are established in the constitution as a 

basis or standard of legislation, a judicial or other body empowered to assess the constitutionality 

of laws may also have the authority to review legislation for its conformity to Islam. One 

example is the Supreme Constitutional Court of Egypt, which, in addition to enforcement of 

constitutionally recognized human rights, has been tasked with interpretation of the 

constitution’s provision that “Islamic jurisprudence is the principal source of legislation.”74 In 

the Iraq TAL, “Islam...is to be considered a source of legislation,”75 and article 44(b)(2) 

provides the Federal Supreme Court with: 

Original and exclusive jurisdiction, on the basis of a complaint from a claimant or 

a referral from another court, to review claims that a law, regulation, or directive 

issued by the federal or regional governments, the governorate or municipal 

administrations, or local administrations is inconsistent with [the Transitional 

Administrative Law]. 

Another example is Afghanistan’s new constitution, which establishes that “no law can be 

contrary to the sacred religion of Islam and the values of [the] Constitution,”76 and also 

empowers the Supreme Court to review legislation for conformity to the constitution, provided 

such a review is made at “the request of the Government and/or the Courts.”77 As noted above, 

the Afghan constitution also requires courts to apply Hanafi jurisprudence where the constitution 

or existing laws are silent.78

D. Remedies for Violations of Constitutionally Recognized Rights 

Some constitutions provide explicitly for remedies for violations of constitutionally recognized 

rights, including violations by government officials. In Turkey, “Everyone whose constitutional 

 

73 Art. 8, Senegal, Art. 41, Yemen, Art. 13, Iran, 

74 Art. 2, Egypt. 

75 Art. 7(a), Iraq TAL. 

76 Art. 3, Afghanistan. 

77 Art. 121, Afghanistan. 

78 Art. 130, Afghanistan. See Part III(C)(iii) above. 

24
rights and freedoms are violated has the right to request prompt access to the competent 

authorities” and the “State is obliged to indicate in its transactions, the legal remedies and 

authorities the persons concerned should apply and their time limits.”79 Sudan’s constitution sets 

out a similar provision under article 34: 

Every aggrieved person who has exhausted means of grievance and complaint to 

the executive and administrative organs, shall have the right of access to the 

Constitutional Court to protect the freedoms, sanctities and rights set out in this 

Chapter; and the Constitutional Court may according to due process exercise the 

power to annul any law or order that contravenes the Constitution and restore the 

right to the aggrieved or compensate him for damage sustained. 

Albania, Azerbaijan, and Bangladesh also provide for such remedies in their respective 

constitutions.80

E. Prohibitions on Certain Revisions to the Constitution 

Another notable provision found in several constitutions seeks to entrench certain state-defining 

elements by preventing their modification. In some cases, such as Chad, these protected 

provisions guarantee the secular nature of the state and the fundamental rights of its citizens. The 

Chadian constitution specifies that: 

No procedure of revision may be started or pursued if it interferes with: 

- the integrity of the territory, independence or national unity; 

- the republican form of the State, the principle of the division of powers and 

secularity; 

- the freedoms and fundamental rights of the citizen...81

In contrast, the prohibition on revisions found in the constitutions of several countries where 

Islam is the religion of the state protects the Islamic character of the state. According to Iran’s 

constitution: 

The contents of the Articles of the Constitution related to the Islamic character of 

the political system; the basis of all the rules and regulations according to Islamic 

criteria; the religious footing; the objectives of the Islamic Republic of Iran...and 

the...official religion of Iran [Islam]...are unalterable.82

Finally, Algeria’s constitution demonstrates that both fundamental rights and Islam as a state 

religion may be considered essential state characteristics that cannot be subject to revision. 

 

79 Art. 40, Turkey. 

80 Art. 4, Albania, art. 60, Azerbaijan, and art. 44, Bangladesh. 

81 Art. 225, Chad. 

82 Art. 177, Iran. See also Morocco, art. 106. 

25
According to the constitutional text, no constitutional revision “may impinge on...Islam, as the 

religion of the State [or on] fundamental liberties, on the rights of man and citizen.”83

 

83 Art. 178(3) and (5), Algeria. See also Qatar, arts. 145-146, Afghanistan, art. 149, and Iraq, art. 3(a). Kuwait’s 

constitution permits revisions with respect to the role of Islam; however it prevents amendments with respect to “the 

principles of liberty and equality...[unless such an amendment serves] to increase the guarantees of liberty and 

equality.” Kuwait, art. 175. 

26
VI. Reference to International Agreements and Human Rights Instruments 

A. Overview 

Protection of the right to freedom of religion or belief can be enhanced by constitutional 

references to international human rights instruments, including human rights treaties to which the 

country is a party. The application of these international human rights protections, if considered 

part of the domestic law of the state and enforceable through the courts or other means, can 

supplement other constitutional provisions on human rights. 

B. Affirmative Obligation or General Reference to International Human Rights 

Instruments 

The constitutions of predominately Muslim countries address in a variety of ways international 

human rights documents such as the UDHR and other international agreements to which the state 

is a party, including the UN Charter and the ICCPR. Some of these constitutions may contain an 

affirmative obligation to abide by specific international human rights instruments. For example, 

article 7 of Afghanistan’s new constitution declares that the state “shall abide by the UN charter, 

international treaties, international conventions that Afghanistan has signed, and the Universal 

Declaration of Human Rights.” In a similar manner, article 6 of Yemen’s constitution provides 

that the state “shall abide by the United Nations Charter, the Universal Declaration on Human 

Rights, the Arab League Charter and the universally recognized rules of international law.” 

States with constitutions that lack any specific affirmative obligation to abide by international 

human rights instruments may, nonetheless, make reference more generally to 

“international...treaties and the generally recognized norms of international Law conducive to 

the promotion of peace and security,”84 subscribe “to the principles and objectives of the Charter 

of the United Nations,”85 or respect “the international charters and treaties...to which it is a 

party.”86 Other constitutions may allude to such documents in their preambles,87 whereas others 

make no reference at all to any international documents or treaties. 

C. Incorporation of International Treaties into Domestic Law 

Several primarily Muslim countries’ constitutions provide that an international agreement duly 

ratified by the state has the force of law. In some of these countries, in addition to ratification, an 

 

84 Art.10, Oman. 

85 Art. 28, Algeria. 

86 Art. 6, Qatar. 

87 See for example, Lebanon, Guinea, and Mali. 

27
enactment by the legislative body is required for an agreement to have the force of law. 

Examples include Chad and Egypt.88

 

88 Chad, art. 222 and Egypt, art. 151 

28
VII. Appendix 

A. Table I: Relationship Between Religion and the State Constitutional Provisions (By Region)89Middle East/North Africa 

Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Law or Legislation? Constitutional Formulatio

Algeria90 99% n/a Yes No Article 2 

Islam is the religion of the State. Article 9The [government] institutions forbid: ... – practices contrary to Islamic morals and the valu[revolution]. Article 171 Next to the President of the Republic, a High Islamestablished...especially to: 

– encourage and promote ijtihad [independent le

Islamic law]; 

– to provide its opinion on the religious rules on 

it... 

Article 178 No constitutional revision may impinge on: ... 2. The democratic character based on plural parties3. Islam, as the religion of the State. ... 5. On fundamental liberties, on the rights of man a... 

89 All constitution excerpts, unless indicated otherwise, are taken from the most current volume of Albert P. Blaustein and Gisbert 

Constitutions of the Countries of the World (New York: Oceana Publications, Inc.). All population data are taken from the Annual 

International Religious Freedom 2004, prepared by the U.S. Department of State’s Bureau of Democracy, Human Rights and Labo(http://www.state.gov/g/drl/rls/irf/2004/) and the U.S. Department of State’s Country Background Notes (http://www.state.gov/r/pa
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Law or Legislation? Constitutional Formulatio

Bahrain91 98% Islamic Yes Yes Article 1 

a. The Kingdom of Bahrain is [a] fully sovereign, iArab State... Article 2 The religion of the State is Islam. The Islamic Sharsource for legislation... Article 5 b. The State guarantees reconciling the duties of wfamily with their work in society, and their equalitpolitical, social, cultural, and economic spheres wiprovisions of Islamic canon law (Shari’a). d. Inheritance is a guaranteed right governed by thArticle 120 c. It is not permissible to propose an amendment to Constitution, and it is not permissible under any cipropose the amendment of...the principles of freedestablished in this Constitution. 

Egypt92 90% n/a Yes Yes Article 2 

Islam is the religion of the State...Islamic jurisprudsource of legislation. 

Iran93 99% Islamic Yes Yes Article 1 

The form of government of Iran is that of an Islamby the people of Iran on the basis of their longstansovereignty of truth and Qur’ānic justice... Article 2 The Islamic Republic is a system based on belief in1. the One God (as stated in the phrase “There is n

90 Constitution of Algeria, 1996 (as amended to 2002). 91 Constitution of the Kingdom of Bahrain, as promulgated by King Hamad bin Isa Al Khalifa on February 14, 2002. 92 Constitution of the Arab Republic of Egypt, 1971 (as amended to 1980). 93 Constitution of the Islamic Republic of Iran, 1979 (as amended to 1989). The Iranian Constitution contains a lengthy preamble a

additional provisions touching on the relationship between Islam and the state. 
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Law or Legislation? Constitutional Formulatio

His exclusive sovereignty and the right to legislatesubmission to His commands; 2. Divine revelation and its fundamental role in setArticle 4All civil, penal financial, economic, administrativepolitical, and other laws and regulations must be bcriteria. This principle applies absolutely and genethe Constitution as well as to all other laws and regfuqahā’ of the Guardian Council are judges in this 

Article 12The official religion of Iran is Islam and the Twelvuṣūl al-Dîn and fiqh], and this principle will remaiimmutable. Other Islamic schools, including the Ḥ

H

̣anbalî, and Zaydî, are to be accorded full respect

are free to act in accordance with their own jurisprtheir religious rites. These schools enjoy official stpertaining to religious education, affairs of personadivorce, inheritance, and wills) and related litigatioregions of the country where Muslims following anschools of fiqh constitute the majority, local regulabounds of the jurisdiction of local councils, are to bthe respective school of fiqh, without infringing upfollowers of other schools. 

Article 170 Judges of courts are obliged to refrain from executregulations of the government that are in conflict wnorms of Islam... Article 177 The contents of the Articles of the Constitution relcharacter of the political system; the basis of all thregulations according to Islamic criteria; the religioobjectives of the Islamic Republic of Iran; the demthe government; the wilāyat al-’amr; the Imamate 
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Law or Legislation? Constitutional Formulatio

the] official religion of Iran [Islam] and the school unalterable. 

Iraq 192594 n/a n/a Yes In certain matters. Article 13

Islam is the official religion of the State... Article 76 The Shara [Sharia] courts alone shall be competenrelating to the personal status of Moslems and actiadministration of Waqf foundations. 

Iraq 2004 (TAL)95

97% n/a Yes Yes Article 3 [Supreme Law] 

(A) This Law is the Supreme Law of the land and parts of Iraq without exception...Likewise, no amethat could abridge in any way the rights of the IraqChapter Two...reduce the powers of the regions or affect Islam, or any other religions or sects and theArticle 7 [State Religion, Freedom of Religion, A(A) Islam is the official religion of the State and is source of legislation. No law that contradicts the utenets of Islam, the principles of democracy, or the Chapter Two of this Law may be enacted during thThis Law respects the Islamic identity of the majorand guarantees the full religious rights of all indivireligious belief and practice. 

Jordan96 95% n/a Yes In certain matters. Article 2

Islam shall be the religion of the State... Article 104 The Religious Courts shall be divided into:— (i) The Sharia Courts (ii) The tribunals of other Religious Communities. 

94 Constitution of the Kingdom of Iraq, 1925. British and Foreign State Papers, 1926, Part I, Vol. CXXIII, London 1931, 383-402 

(http://www.geocities.com/dagtho/iraqiconst19250321.html) or via the constitution finder project at the T.C. Williams School of LRichmond (http://confinder.richmond.edu/). 

95 Law of Administration for the State of Iraq for the Transitional Period (TAL), March 8, 2004 (http://www.cpa-iraq.org/governm96 Constitution of the Hashemite Kingdom of Jordan, 1952 (as amended to 1984).
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Law or Legislation? Constitutional Formulatio

Article 105 The Sharia Courts shall have exclusive jurisdiction matters in accordance with its special laws: (i) Matters of personal status of Moslems (ii) Cases concerning blood money (diyeh) where t

Moslems or where one of the parties is not a Mosleconsent to the jurisdiction of the Sharia Courts. 

Article 106 The Sharia Courts shall apply in its proceedings thSharia Law. Article 108 The tribunals of Religious Communities are the trimoslem [sic] religious tribunals which were or wilGovernment as being established in the Hashemite 

Kuwait97 85% of 

residents 

n/a Yes Yes Article 2

The religion of the State is Islam, and the Islamic Ssource of legislation. Article 18 ... Inheritance is a right governed by the Islamic Shar

Lebanon98 70% n/a No No n/a Libya 97% n/a Yes Yes Constitutional Proclamation, 11 December 1969

Article 2Islam is the religion of the State and Arabic is its oState protects religious freedom in accordance with Article 8...Inheritance is a right which will be governed by 

97 Constitution of the State of Kuwait, 1962. 98 The Lebanese Constitution, promulgated on May 23, 1926 (as amended to 1995). 
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Law or Legislation? Constitutional Formulatio

Morocco100 99% n/a Yes No Article 6 

Islam is the religion of the State which guarantees worship. Article 19 The King...ensures the observance of Islam and ththe protector of the rights and liberties of the citizecollectivities. Article 106 The monarchic form of the State as well as the proIslamic religion cannot be the object of a constituti

Oman101 99% of 

citizens 

Islamic Yes Yes Article 1

The Sultanate of Oman is an Arab, Islamic, Indepesovereignty and Muscat is its Capital. Article 2 The State’s religion is Islam and Islamic Sharia is legislation. Article 10 The Political Principles: ... Laying suitable foundations for consolidating the pshura emanating from the country’s heritage, value

Sharia, taking pride in its history while adopting thcontemporary methods and tools. 

Article 11 The Economic Principles: ...Inheritance is a right governed by Islamic Sharia

99 Libya has not had a constitution since the overthrow of King Idris in 1969. The Revolutionary Command Council published its C

Proclamation on December 11, 1969. The subsequent Declaration on the Establishment of the Authority of the People (1977) noted Holy Kuran is the constitution of the Socialist People’s Libyan Arab Jamahiriya.” 

100 Revised Constitution of Morocco, 1996. Adopted by referendum September 13, 1996 and promulgated October 7, 1996. 101 Basic Statute of the State of Oman, 1996. 
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Law or Legislation? Constitutional Formulatio

Qatar102 99% of 

citizens 

n/a Yes Yes Article 1

Qatar is an Arab State, sovereign and independent. and the Islamic Law is the main source of its legisldemocratic, and its official language is the Arabic Article 51 The right of inheritance is inviolable and is governLaw. 

Saudi Arabia 99% of 

citizens 

Islamic Yes Yes The Basic System of the Consultative Council (D

Article 1The Kingdom of Saudi Arabia is an Arab and Islamreligion is Islam, and its constitution, the holy QurSunnah... Article 6 The citizens will take allegiance before the monarcholy Quran and the prophet’s Sunnah. Article 7 The rule in the kingdom depends on the holy QuraSunnah. Article 8 The rule in the kingdom is based on justice, consulin accordance with the Islamic Sharia. Article 23 The state protects the Islamic creed, carries out its its duty towards the Islamic call. Article 46The judicial authority is an independent organ and 

102 Permanent Constitution of the State of Qatar, adopted by referendum on April 29, 2003. 103 Saudi Arabia has no written constitution. After releasing the decree cited here, King Fahd Ibn Abdulaziz affirmed that the annou

system of government was only an authentication of regulations already emanating from sharia. 
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Law or Legislation? Constitutional Formulatio

over the judges except the authority of the Islamic Article 48 The system of judges which is applied to all cases sharia rules according to the teachings of the holy 

and the regulations set by the ruler provided that ththe holy Quran and sunnah. 

Article 55 The king will rule the nation according to the rulinsupervise the application of sharia (Islamic laws), tpolicy and the protection and defense of the countr

Syria104 90% n/a No Yes Article 3 

(2) Islamic jurisprudence is a main source of legisl

Tunisia105 98% n/a Yes No Article 1

Tunisia is a free State, independent and sovereign; its language is Arabic and its regime is the Republ

U.A.E.106 96% n/a Yes Yes Article 7 

Islam shall be the official religion of the Union. Thshall be a principal source or legislation in the Uni

Yemen107 100% Islamic Yes Yes Article 1 

The Republic of Yemen is an independent, sovereiState which is inseparable and no part of it shall be people is part of the Arab and Islamic nation Article 2 Islam is the religion of the State and Arabic is its oArticle 3The Islamic Sharia’a (jurisprudence) shall be the slegislations. 

104 Constitution of the Syrian Arab Republic, 1973 (as amended to 2000). 105 Constitution of the Tunisian Republic, 1959 (as amended to 1993). 106 The 1971 Provisional Constitution of the United Arab Emirates was made permanent under Constitutional Amendment No. (1) 107 Constitution of the Republic of Yemen, 1994. 
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Law or Legislation? Constitutional Formulatio

Article 23 The right to inherit according to Islamic Sharia’a sguaranteed by law. Article 46 ...Crime and punishment shall be determined by thSharia’a and law... Article 59 The defence of religion and the country is a sacred service is an honour...
South Asia 

Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Legislation? Constitutional Formulatio

Afghanistan108

99% Islamic Yes No law can be 

contrary to Islam. 

Article 1Afghanistan is an Islamic Republic, independent, uState. Article 2 The religion of Afghanistan is the sacred religion oother religions are free to perform their religious riof the provisions of law. Article 3In Afghanistan, no law can be contrary to the sacreand the values of this Constitution. Article 130 When there is no provision in the Constitution or thto a case under consideration, the court shall follow Hanafi jurisprudence within the provisions set fortto render a decision that secures justice in the best Article 131 Courts shall apply Shia jurisprudence in cases dealmatters involving the followers of the Shia Sect in provisions of the law. In other cases as well, where no provisions of this laws apply and both sides of the case are followers courts shall resolve the case according to laws of thArticle 149 The provisions of adherence to the provisions of thIslam and the republican regime cannot be amende

Bangladesh109

88% n/a Yes No Article 2 

The state religion of the Republic is Islam, but othe

108 Constitution of the Islamic Republic of Afghanistan, 2003. 109 Constitution of the People’s Republic of Bangladesh 1972 (as amended to 1996). 
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Legislation? Constitutional Formulatio

practiced in peace and harmony in the Republic. Article 8 (1A) Absolute trust and faith in the Almighty Allah all actions. (2) The principles set out in this Part shall be fundagovernance of Bangladesh, shall be applied by the of laws, shall be a guide to the interpretation of the the other laws of Bangladesh, and shall form the baState and of its citizens, but shall not be judicially 

Maldives110 100% Islamic Yes Yes Article 1 

The Maldives shall be a sovereign, independent, debased on the principles of Islam... Article 7The religion of the State of the Maldives shall be IArticle 16 (2) Every person who is charged with an offence shdefend himself in accordance with Shari’ah... Article 23 (1) Property of persons shall be inviolable. No persof his property except as provided by law or Shari’Article 38The President shall be the supreme authority to proIslam in the Maldives.111

Article 43 The powers of the President shall be exercised subjthe Constitution. Nothing shall be done in violation Constitution. 

110 Constitution of the Republic of Maldives, 1998. 111 According to Article 156, “Propagation of the tenets of Islam means the administration of the faith, beliefs and the doctrines of 

facilitation of the practice of the same.” 
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Legislation? Constitutional Formulatio

Article 156 In this Constitution the word ‘law’ also includes thprovisions of Shari’ah established by the Noble Quof the Noble Prophet, and the rules derived therefr

Pakistan112 96% Islamic Yes Yes Article 1 

(1) Pakistan shall be [a] Federal Republic to be knoRepublic of Pakistan, hereinafter referred to as PakArticle 2 Islam shall be the State religion of Pakistan Article 31 (1) Steps shall be taken to enable the Muslims of Pand collectively, to order their lives in accordance principles and basic concepts of Islam and to provithey may be enabled to understand the meaning of Holy Quran and Sunnah. (2) The State shall endeavour, as respects the Musl(a) to make the teaching of the Holy Quran and Islcompulsory...and to secure correct and exact printthe Holy Quran; (b) to promote unity and the observance of the Isla...Article 203(C) (1) There shall be constituted for the purposes of thbe called the Federal Shariat Court. (2) The Court shall consist of not more than eight Mincluding the [Chief Justice], to be appointed by thArticle 203(D) (1) The Court may...examine and decided the quesany law...is repugnant to the Injunctions of Islam, 

112 Constitution of the Islamic Republic of Pakistan, 1973 (as amended to 2002). 
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Legislation? Constitutional Formulatio

Holy Quran and the Sunnah of the Holy Prophet... ... (3) If any law or provision of law is held by the Cothe injunctions of Islam,— (a) the President...or the Concurrent Legislative LGovernor...shall take steps to amend the law so as provision into conformity with the Injunctions of I(b) such law or provision shall, to the extent to whrepugnant, case [sic] to have effect on the day on wthe Court takes effect. Article 227 All existing laws shall be brought in conformity wIslam as laid down in the Holy Quran and Sunnah, to as the Injunctions of Islam, and no law shall be erepugnant to such Injunctions ... (3) Nothing in this Part shall affect the personal lawcitizens or their status as citizens. Article 228 (1) There shall be, constituted...a Council of Islampart referred to as the Islamic Council. (2) The Islamic Council shall consist of such memmay appoint from amongst persons having knowleand philosophy of Islam as enunciated in the Holy understanding of the economic, political, legal or aproblems of Pakistan. Article 229 The President or the Governor of a Province may, total membership so requires, a House or a Provincrefer to the Islamic council for advice any question proposed law is or is not repugnant to the InjunctioArticle 230 (1) The functions of the Islamic Council shall be— 
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Legislation? Constitutional Formulatio

(a) to make recommendations to [Majlis-e-Shoora Provincial Assemblies as to the ways and means of encouraging the Muslims of Pakistan to order their and collectively in all respects in accordance with concepts of Islam as enunciated in the Holy Quran (b) to advice [sic] a House, a Provincial AssemblyGovernor on any question referred to the Council aproposed law is or is not repugnant to the Injunctio(c) to make recommendations as to the measures folaws into conformity with the Injunctions of Islam which such measures should be brought into effect(d) to compile in a suitable form, for the guidance Shoora] and the Provincial Assemblies, such Injunbe given legislative effect.
East Asia

Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Legislation? Constitutional Formulation 

Brunei113 67% Islamic114 Yes No Article 3

(1) The religion of Brunei Darussalam shall be the Maccording the Shafeite sect of that religion. Provided religions may be practiced in peace and harmony by them in any part of Brunei Darussalam. (2) The Head of the religion of Brunei Darussalam shthe Sultan and Yang Di-Pertuan [“Supreme Ruler”]. 

Indonesia115 87% n/a No No Article 29

(1) The State shall be based upon the belief in the On

Malaysia116 60.4% n/a Yes In certain 

matters. 

Article 3 (1) Islam is the religion of the Federation; but other rpractised in peace and harmony in any part of the Fed... (4) Nothing in this Article derogates from any other pConstitution. NINTH SCHEDULE Legislative Lists117

List II—State List 1. Except with respect to the Federal Territories of KLabuan, Islamic law and personal and family law of preligion of Islam, including the Islamic law relating tand intestate, betrothal, marriage, divorce, dower, ma

113 Constitution of Brunei Darussalam, 1959 (as revised to 1984). Although some provisions were suspended under a State of Emer

1962 and others since independence on January 1, 1984, the government maintains that the constitution remains the supreme law. 

114 Brunei defines itself as an Islamic state that “honors everything which embodies Islam in a moderate way.” The National Philos

Beraja (MIB), or Malay Islamic Monarchy, is the nation's “formal guiding light” and represents a blend of Malay culture, the teach

and values and the monarchy system. According to Brunei’s government, since Islam is tolerant of all religions, “the MIB philosopas a force which stifles the practice of other religions.” It is expected that MIB “be esteemed and practiced by all.” (http://www.brunei.gov.bn/government/mib.htm). 

115 Constitution of the Islamic Republic of Pakistan, 1973 (as amended to 2002). 116 Constitution of Malaysia, 1957 (as amended to 1994). 117 This section sets out the division of legislative powers between the federal and state governments in Malaysia. Sharia courts are 

level. 
legitimacy, guardianship, gifts, partitions and non-ch

Wakafs and the definition and regulation of charitablthe appointment of trustees and the incorporation of pIslamic religious and charitable endowments, institutand charitable institutions operating wholly within thcustoms; Zakat, Fitrah and Baitulmal or similar Islammosques or any Islamic public places of worship, creof offences by persons professing the religion of Islathat religion, except in regard to matters included in tconstitution, organisation and procedure of Syariah [shall have jurisdiction only over persons professing tand in respect only of any of the matters included in shall not have jurisdiction in respect of offences exceconferred by federal law, the control of propagating damong persons professing the religion of Islam; the dmatters of Islamic law and doctrine and Malay custom
Africa 

Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Legislation? Constitutional Formulation 

Burkina Faso118

60% Secular No No Article 31 

Burkina Faso is a democratic, unitary and secular Stat

Chad119 54% Secular No No Article 1

Chad is a Republic, sovereign, independent, secular, sindivisible, founded on the principles of democracy, thand justice. The separation between State and religions is affirmed

Comoros120 99% n/a No No Preamble

The Comorian people solemnly affirm their will to: draw from Islam the permanent inspiration for the prinshall govern the union... This preamble forms an integral part of the ConstitutiArticle 9 The Union will have exclusive jurisdiction in the folloreligion, nationality, currency, foreign relations, externational symbols. Article 36 ...the Council of the Ulemas and the Economic and Sassist as needed, the government of the Union...in forthat affect the religious, economic and social life of th

Djibouti121 99% n/a No No Article 1

The State of Djibouti shall be a democratic sovereign indivisible. It shall ensure the equality of all citizens bwithout distinction as to origin, race, sex or religion. Ibeliefs. 

118 Constitution of Burkina Faso, 1991 (as amended to 1997). 119 Constitution of the Republic of Chad, 1996. 120 Constitution of the Union of Comoros, 2001, adopted by referendum. Translated from the French by USCIRF. Original French 

http://www.accpuf.org/com/constit.htm and http://portail.droit.francophonie.org/doc/html/km/con/2001dfkmco1.html. According to 

Department, as of March 2004 the National Assembly is tasked with finalizing a new constitution for the Union. A new governmenJuly 2004. 

121 Constitution of the Republic of Djibouti, 1992. 
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Legislation? Constitutional Formulation 

Gambia122 95% n/a No In certain 

matters 

Article 7 In addition to this Constitution, the laws of The Gamb... (f) the Sharia as regards matters of marriage, divorce among members of the communities to which it appliArticle 100 (2) The National Assembly shall have no power to pa... (b) to establish any religion as a state religion; ... Article 137 (1) A Cadi Court shall be established in such places in Chief Justice shall determine. ... (4) The Cadi Court shall only have jurisdiction to appmatters of marriage, divorce and inheritance where thpersons interested are Muslims. 

Guinea123 85% Secular No No Article 1 

Guinea is a unitary, indivisible, secular, democratic anshall assure equality before the law for all citizens, wiorigin, race, ethnicity, sex, religion and opinion. It sha

Mali124 90% Secular No No Article 25 

Mali is an independent, sovereign, indivisible, democsocial Republic. Its principle is government of the Peoand for the People. 

Mauritania125 100% Islamic Yes No Article 1 

Mauritania is an indivisible, democratic and social IslArticle 5Islam shall be the religion of the people and of the Sta

122 Constitution of the Gambia, 1996. 123 Fundamental Law of the Second Republic of Guinea, 1990124 Decree 92-073 of 25 February 1992 Concerning Promulgation of the Constitution. 125 Constitution of the Islamic Republic of Mauritania, 1991. 
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Legislation? Constitutional Formulation 

Article 94 There shall be instituted next to the President of the RIslamic Council composed of five (5) members. ... It shall formulate opinions concerning the questions abeen consulted by the President of the Republic. 

Niger126 90% n/a No No Article 4 

The Republic of Niger is one and indivisible, democraIts fundamental principles are: 

• ... • the separation of the State and of religion. 

Article 8 The Republic of Niger is a State of Law (État de droitassure to all the equality before the law without distinethnic or religious origin. The Republic shall respect aNo religion [nor] belief shall assume...political power affairs of the State. Article 136 ... The republican form of the State, multipartism, the prof State and religion and the provisions of articles 36 Constitution cannot be the object of an amendment. 

Senegal127 94% Secular No No Article 1 

The Republic of Senegal is secular, democratic, and sequality before the law of all citizens, without distinct

sex (or) religion. It respects all faiths. 

Sierra Leone128

60% n/a No No Article 5 

(1) The Republic of Sierra Leone shall be a State baseFreedom, Democracy and Justice. 

126 Constitution of the Republic of Niger, 1999. 127 Constitution of the Republic of Senegal, 2001. 128 Constitution of Sierra Leone, 1991. 
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Legislation? Constitutional Formulation 

Article 6 (2) ...the State shall promote national integration and discrimination on the grounds of place of origin, circureligion, status, ethnic or linguistic association or ties. 

Somalia 99% A new administration for Somalia was recently establ

remains without a recognized constitution.129

Sudan130 65-75% n/a No Yes Article 1 

...Islam is the religion of the majority of the populatiocustomary creeds have considerable followers. Article 4 Supremacy in the State is to God the creator of human sovereignty is to the vicegerent people of the Sudan wworship of God, bearing the trust, building up the coujustice, freedom and public consultation. The Constituregulate the same. Article 18 Those in service in the State and public life shall envithereof for the worship of God, wherein Muslims stick tradition, and all shall maintain religious motivation asuch spirit in plans, laws, policies and official busineseconomic, social and cultural fields in order to prompits objectives, and adjust them towards justice and up-directed towards the grace of God in The Hereafter. Article 65 Islamic law and the consensus of the nation, by refereand custom shall be the sources of legislation; and no 

129 The Transitional National Government (TNG), established in August 2000, had a three year mandate to draft a new constitution 

The TNG failed to accomplish this goal, but the process is ongoing. In October 2004, Abdullahi Yusuf Ahmed was sworn in as Somin Kenya. However, security concerns have kept Yusuf and the new parliament in Nairobi. Other governing bodies continue to conregions of Somalia, including Somaliland, Puntland, and traditional clan and faction strongholds. The negotiations that allowed a nbe established for Somalia have been conducted under the auspices of the Inter Governmental Authority on Development, a regionKenya, Uganda, Sudan, Somalia, Ethiopia, Eritrea, and Djibouti. 

130 Constitution of the Republic of the Sudan, 1998. 
Country % Muslim Islamic or Secular State? Islam State Religion? Islamic Law Source of Legislation? Constitutional Formulation 

contravention with these fundamentals shall be made; legislation shall be guided by the nation’s public opinopinion of scholars and thinkers, and then by the decicharge of public affairs. Article 139 (3) [No constitutional amendment] shall...come into fthe provisions of the basic fundamentals, save after thby the people in a referendum and signed by the PresiThe basic provisions and fundamentals are:— 

(a) Islamic law and the legislative consensus of the preferendum, the Constitution or custom are the prev(b) the human being has the freedom of creed and wcitizen has the freedom of expression and the organiassociation, in accordance with the provisions set ou... 
Europe/Eurasia 

Country % 

Muslim 

Islamic or 

Secular 

State? 

Islam 

State 

Religion? 

Islamic Law 

Source of 

Legislation? 

Constitutional Formulation 

Albania131 65-70% n/a No No Article 3 

The independence of the State and the integrity of its the individual, human rights and freedoms, social jusorder, pluralism, national identity and inheritance, relwell as coexistence with, and understanding of Albanare the bases of this State, which has the duty of respthem. Article 10 1. In the Republic of Albania there is no official relig2. The State is neutral in questions of belief and consguarantees the freedom of their expression in public l3. The State recognizes the equality of religious comm4. The State and the religious communities mutually independence of one another and work together for th

them and for all. 

5. Relations between the State and religious communthe basis of agreements entered into between their repCouncil of Ministers. These agreements are ratified b6. Religious communities are juridical persons. They the administration of their properties according to theand canons, to the extent that interests of third parties 

Azerbaijan132 96% Secular No No Article 7 

I. The Azerbaijan State is a democratic, law-governedrepublic. Article 18I. In the Azerbaijan Republic religion is separated froreligions are equal by law. II. The spread and propaganda of religions which humand contradict the principles of humanity are banned. III. The State education system is of secular character

131 Constitution of Albania, 1998. 132 Constitution of the Azerbaijan Republic, 1995 (as amended to 2002). 
Country % 

Muslim 

Islamic or 

Secular 

State? 

Islam 

State 

Religion? 

Islamic Law 

Source of 

Legislation? 

Constitutional Formulation 

Kyrgyzstan133 80% Secular No No Article 1 

1. The Kyrgyz Republic (Kyrgyzstan) is a sovereign, republic created on the basis of a law-governed seculArticle 8 3. Religion and all cults are separate from the state. 4. In the Kyrgyz Republic the following is not permit... 

• Organization of political parties on religious and 

Religious organizations must not pursue political 

• Interference by members of religious organizatio

activity of state organs; 

• Activity of foreign political parties, public associ

other organizations detrimental to the constitutionational security. 

Tajikistan134 95% Secular No No Article 1 

The Republic of Tajikistan is a sovereign, democraticsecular, and unitary State. Article 8: ... No single ideology of a party, social association, religmovement, or group may be recognized as the State [... Religious organizations are separate from the State anwith State affairs. Article 100 The republican form of government, the territorial intdemocratic, law-governed, secular, and social nature unchangeable. 

133 Constitution of the Kyrgyz Republic, 1993 (as amended to 2003). 134 Constitution of the Republic of Tajikistan, 1994 (as amended to 2003). 
Country % 

Muslim 

Islamic or 

Secular 

State? 

Islam 

State 

Religion? 

Islamic Law 

Source of 

Legislation? 

Constitutional Formulation 

Turkey135 99% Secular No No Article 2

The Republic of Turkey is a democratic, laic and socthe rule of law... Article 174No provision of the Constitution can be construed or rendering unconstitutional the Reform Laws...which the laic character of the Republic, and which were in the adoption by referendum of the Constitution of Tu

Turkmenistan136

89% Secular No No Article 1 

Turkmenistan is a democratic, law-governed and secuthe State administration is implemented in the form orepublic. 

Uzbekistan137 88% n/a No No Article 61 

Religious organizations and associations shall be sepand equal before law. The state shall not interfere witreligious associations. 

135 Constitution of the Republic of Turkey, 1982 (as amended to 2002). 136 Constitution of Turkmenistan, 1992 (as amended to 2003). 137 Constitution of Uzbekistan, 1992. 
B. Table II: The Right to Freedom of Religion or Belief 

Constitutional Provisions (By Region) Middle East/North Africa 

Country 

Islam 

State 

Religion? 

ICCPR 

Ratification 

Status138 Constitutional Provisions for the Right to Freedom of Religio

Algeria Yes Sep. 12, 

1989 

Article 36The freedom of conscience and the freedom of opinion are inviolable. 

Bahrain Yes Not a State 

Party 

Article 22Freedom of conscience is absolute. The State guarantees the inviolability of worshperform religious rites and hold religious parades and meetings in accordance with in the country. 

Egypt Yes Jan. 14, 

1982139

Article 46The State shall guarantee the freedom of belief and the freedom of practice of relig

Iran Yes Jun. 24, 1975 Article 12 

The official religion of Iran is Islam and the Twelver Ja’farî school [in uṣūl al-Dîn 

principle will remain eternally immutable. Other Islamic schools, including the ḤaḤanbalî, and Zaydî, are to be accorded full respect, and their followers are free to atheir own jurisprudence in performing their religious rites. These schools enjoy offpertaining to religious education, affairs of personal status (marriage, divorce, inheand related litigation in courts of law. In regions of the country where Muslims folthese schools of fiqh constitute the majority, local regulations, within the bounds olocal councils, are to be in accordance with the respective school of fiqh, without irights of the followers of other schools. 

Article 13 Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorlimits of the law, are free to perform their religious rites and ceremonies, and to acown canon in matters of personal affairs and religious education. Article 14 In accordance with the sacred verse (“God does not forbid 

you to deal kindl

y and j

138 ICCPR. Ratification dates according to the United Nations Treaty Collection Status of Multilateral Treaties Database, last updat

(http://untreaty.un.org/English/treaty.asp). 

139 Egypt attached the following declaration: “... Taking into consideration the provisions of the Islamic Sharia and the fact that the

the text annexed to the instrument, we accept, support and ratifiy [sic] it ...” 
Country 

Islam 

State 

Religion? 

ICCPR 

Ratification 

Status138 Constitutional Provisions for the Right to Freedom of Religio

have not fought against you because of your religion and who have not expelled yo

[60:8]), the government of the Islamic Republic of Iran and all Muslims are duty-bMuslims in conformity with ethical norms and the principles of Islamic justice and their human rights. This principle applies to all who refrain from engaging in conspagainst Islam and the Islamic Republic of Iran.

Article 23The investigation of individuals’ beliefs is forbidden, and no one may be molested simply for holding a certain belief. Article 26 The formation of parties, societies, political or professional associations, as well as whether Islamic or pertaining to one of the recognized religious minorities, is permdo not violate the principles of independence, freedom, national unity, the criteria of the Islamic Republic. No one may be prevented from participating in the aforembe compelled to participate in them. 

Iraq 1925 Yes Jan. 25, 1971 Article 13. 

Islam is the official religion of the State. Freedom to practice the rites of the differereligion, as observed in Iraq, is guaranteed. Complete freedom of conscience and fvarious forms of worship, in conformity with accepted customs, is guaranteed to al

country provided that such forms of worship do not conflict with the maintenance discipline or public morality. 

Article 16 The various communities shall have the right of establishing and maintaining schoof their members in their own tongues, provided that such instruction is carried out such general programmes as may be prescribed by law. 

Iraq 2004 (TAL) 

Yes Jan. 25, 1971 Article 7 

(A) Islam is the official religion of the State...This Law respects the Islamic identithe Iraqi people and guarantees the full religious rights of all individuals to freedom and practice. Article 13 (F) Each Iraqi has the right to freedom of thought, conscience, and religious belief Coercion in such matters shall be prohibited. 
Country 

Islam 

State 

Religion? 

ICCPR 

Ratification 

Status138 Constitutional Provisions for the Right to Freedom of Religio

Article 15 (C) No one may be unlawfully arrested or detained, and no one may be detained by religious beliefs. 

Jordan Yes May 28, 

1975 

Article 14The State shall safeguard the free exercise of all forms of worship and religious ritthe customs observed in the Kingdom, unless such exercise is inconsistent with puArticle 19 Congregations shall have the right to establish and maintain their own schools for town members provided that they will comply with the general provisions of the law control of government in matters relating to their curricula and tendency. 

Kuwait Yes May 21, 

1996140

Article 35Freedom of belief is absolute. The State protects the freedom of practicing religion established customs, provided that it does not conflict with public policy or morals

Lebanon No Nov. 3, 1972 Article 9 

Freedom of conscience is absolute. In assuming the obligations of glorifying God, State respects all religions and creeds and safeguards the freedom of exercising the its protection, without disturbing the public order. It also guarantees the respect of personal status and religious interests of the people, regardless of their different creArticle 10 Education is free so long as it does not disturb the public order, does not violate thtouch the dignity of any religion or creed. The rights of communities to establish thschools cannot be violated, provided that they comply with the general requiremenState with respect to public education. 

Libya Yes May 15, 

1970 

Article 2 ...The State protects religious freedom in accordance with established customs.

Morocco Yes May 3, 1979 Article 6 

Islam is the religion of the State which guarantees to all freedom of worship. 

Oman Yes Not a State 

Party 

Article 28 The freedom to practice religious rites according to the recognized customs is guar

140 Kuwait attached the following interpretive declaration regarding article 23: “The Government of Kuwait declares that the matte

23 are governed by personal-status law, which is based on Islamic law. Where the provisions of that article conflict with Kuwaiti la

its national law.” Kuwait also made the following reservations concerning article 25 (b): “The Government of Kuwait wishes to fowith regard to article 25(b). The provisions of this paragraph conflict with the Kuwaiti electoral law, which restricts the right to sta

elections to males.” 
Country 

Islam 

State 

Religion? 

ICCPR 

Ratification 

Status138 Constitutional Provisions for the Right to Freedom of Religio

does not disrupt the public order or contradict with morals. 

Qatar Yes Not a State 

Party 

Article 50The freedom to worship is guaranteed to all, according to the law and the requirem

public order and public morals.

Saudi Arabia Yes Not a State 

Party 

The Basic System of the Consultative Council (Decree A/90), 1992 Article 9 The family is the kernel of Saudi society, and its members shall be brought up on tfaith, and loyalty and obedience to God, His Messenger, and to guardians; respect implementation of the law, and love of and pride in the homeland and its glorious hfaith stipulates. Article 26 The state protects the rights of the people in line with the Islamic sharia. 

Syria No Apr. 21, 

1969 

Article 35 (1) The freedom of faith is guaranteed. The state respects all religions. (2) The state guarantees the freedom to hold any religious rites provided they do noorder. 

Tunisia Yes Mar. 18, 

1969 

Article 5The Tunisian Republic guarantees the inviolability of the human person and freedoprotects the free exercise of beliefs, with reservation that they do not disturb the pu

U.A.E. Yes Not a State 

Party 

Article 32 The freedom to hold religious ceremonies in accordance with established custom sprovided such ceremonies are consistent with public order and with public morals. 

Yemen Yes Feb. 9, 1987 Article 41 

...The State shall by law secure freedom of thought and expression whether orallypictures and as provided for by law. Article 51 Private houses and worship and education centres shall not be violated, put under ssearched unless otherwise provided for by law. 
South Asia 

Country 

Islam 

State 

Religion? 

ICCPR 

Ratification Constitutional Provisions for the Right to Freedom of Religion 

Afghanistan Yes Jan. 24, 1983 Article 2 

The religion of Afghanistan is the sacred religion of Islam. Followers of other religiperform their religious rites within the limits of the provisions of law. Article 45 The State shall devise and implement a unified educational curriculum based on the sacred religion of Islam, national culture, and in accordance with academic principlthe curriculum of religious subjects in schools on the basis of the Islamic sects existArticle 54 ...The State shall adopt necessary measures to ensure the physical and psychologicafamily...and the elimination of traditions contrary to the principles of the sacred rel

Bangladesh Yes Sep. 6, 2000 Article 39 

Freedom of thought and conscience is guaranteed. Article 41 (1) 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 areligious institutions. (2) No person attending any educational institution shall be required to receive religtake part in or to attend any religious ceremony or worship, if that instruction, ceremrelates to a religion other than his own. 

Maldives Yes Not a State 

Party 

Article 25 Every citizen shall have the freedom to express his conscience and thoughts orally oother means, unless prohibited by law in the interest of protecting the sovereignty omaintaining public order and of protecting the basic tenets of Islam. 

Pakistan Yes Not a State 

Party 

Article 20 Subject to law, public order and morality: (a) Every citizen shall have the right to profess, practice and propagate his religion; (b) every religious denomination and every sect thereof shall have the right to estabmanage its religious institutions. Article 21No person shall be compelled to pay any special tax the proceeds of which are to be propagation or maintenance of any religion other than his own. 
Country 

Islam 

State 

Religion? 

ICCPR 

Ratification Constitutional Provisions for the Right to Freedom of Religion 

Article 22(1) No person attending any educational institution shall be required to receive religtake part in any religious ceremony, or attend religious worship, if such instruction, relates to a religion other than his own. ... (3) Subject to law: (a) no religious community or denomination shall be prevented from providing religpupils of that community or denomination in any educational institution maintained community or denomination; and (b) no citizen shall be denied admission to any educational institution receiving aid on the ground only of race, religion, caste or place of birth. (4) Nothing in this Article shall prevent any public authority from making provision of any socially or educationally backward class of citizens. 
East Asia 

Country 

Islam 

State 

Religion? 

ICCPR 

Ratification Constitutional Provisions for the Right to Freedom of Religio

Brunei Yes Not a State 

Party 

Article 3(1) The religion of Brunei Darussalam shall be the Muslim Religion according the religion. Provided that all other religions may be practiced in peace and harmony bprofessing them in any part of Brunei Darussalam. 

Indonesia No Not a State 

Party 

Article 28E (1) Every person shall be free to choose and to practice the religion of his/her choi(2) Every person shall have the right to the freedom to believe his/her faith (kepercexpress his/her views and thoughts, in accordance with his/her conscience. (3) Every person shall have the right to the freedom to associate, to assemble and tArticle 29 (1) The State shall be based upon the belief in the One and Only God. (2) The State guarantees all persons the freedom of worship, each according to his/belief. Article 28I (1) ...freedom of thought and conscience [and] freedom of religion...are all human limited under any circumstances.

Malaysia Yes Not a State 

Party 

Article 11 (1) Every person has the right to profess and practise his religion and, subject to C

it. 

(2) No person shall be compelled to pay any tax the proceeds of which are speciallor in part for the purposes of a religion other than his own. (3) Every religious group has the right— 

(a) to manage its own religious affairs; (b) to establish and maintain institutions for religious or charitable purposes... 

(4) State law and in respect of the Federal Territories of Kuala Lumpur and Labuancontrol or restrict the propagation of any religious doctrine or belief among personreligion of Islam. (5) This Article does not authorise any act contrary to any general law relating to phealth or morality. Article 12 (2) Every religious group has the right to establish and maintain institutions for the in its own religion, and there shall be no discrimination on the ground only of religrelating to such institutions or in the administration of any such law; but it shall be 
Country 

Islam 

State 

Religion? 

ICCPR 

Ratification Constitutional Provisions for the Right to Freedom of Religio

Federation or a State to establish or maintain or assist in establishing or maintaininor provide or assist in providing instruction in the religion of Islam and incur such be necessary for the purpose. (3) No person shall be required to receive instruction in or to take part in any cerem

worship of a religion other than his own.
Africa 

Country Islam State Religion? ICCPR Ratification Constitutional Provisions for the Right to Freedom of Relig

Burkina Faso No Apr. 4, 1999 Article 7 

The freedom of belief, of non-belief, of conscience, of religious opinion, philexercise, the freedom of assembly, the free practice of custom as well as the and its demonstration are guaranteed by the present Constitution subject to rethe public order, of good morals and of the human person. 

Chad No Jun. 9, 1995 Article 27 

The freedoms of opinion and of expression, communication, conscience, reliassociation, assembly, circulation, demonstration, and parade are guaranteed be restricted by the respect of the liberties and rights of others and the imperapublic order and good morals. The law determines the conditions of their exeArticle 54 No one may avail oneself of his religious beliefs, nor his philosophical opinifrom a duty dictated by the national interest.

Comoros No Not a State 

Party 

Preamble: The Comorian people solemnly affirm their will to: ... express their attachment to the principles and fundamental rights as defined bUnited Nations, the Organization for African Unity, the Pact of the Arab LeaDeclaration of Human Rights and the African Charter on Human and Peoplethe international conventions, particularly those addressing the rights of child

... This preamble forms an integral part of the Constitution.

Djibouti No Nov. 5, 2002 Article 11 

Everyone shall have the right to freedom of thought, conscience, religion, woconformity with the order established by law and the regulations. 

Gambia No Mar. 22, 1979 Article 25 

(1) Every person shall have the right to— ...  (b) freedom of thought, conscience and belief, which shall include academic (c) freedom to practise any religion and to manifest such practice; ... (4) The freedoms referred to in subsections (1) and (2) shall be exercised subGambia in so far as that law imposes reasonable restrictions on the exercise ofreedoms thereby conferred, which are necessary in a democratic society and interests of the sovereignty and integrity of The Gambia, national security, pu

or morality, or in relation to contempt of court. 
Country Islam State Religion? ICCPR Ratification Constitutional Provisions for the Right to Freedom of Relig

Article 32 Every person shall be entitled to enjoy, practise, profess, maintain and promo

language, tradition or religion subject to the terms of this Constitution and to rights protected by this section do not impinge on the rights and freedoms of interest, especially unity. 

Article 212 (3) All the people of The Gambia shall be entitled to their ethnic, religious anwhich do not disturb the unity or cohesion of the State. 

Guinea No Jan. 24, 1978 Article 7 

[Every individual] shall be free to believe, to think and to profess [their] religor philosophical opinions. [Every individual] shall be free to express, to manifest and to diffuse [their] ispeech, by writing and by image. [Every individual] shall be free to instruct and [be informed] from sources avArticle 14The free exercise of religious sects shall be guaranteed. Religious institutions freely create and administer themselves. They shall not be subject to the tute

Mali No Jul. 16, 1974 Article 4 

Every person has the right to freedom of thought, conscience, religion, worshexpression and creation with respect to the law. Article 18 Every citizen has the right to education. Public education is obligatory, free a

Mauritania Yes Not a State 

Party 

n/a 

Niger No Mar. 7, 1986 Article 8 

...The Republic shall respect and protect all faiths. No religion, no belief shapower nor interfere in the affairs of the State... Article 14 Each person shall have a right to the free development of his personality in itand spiritual, cultural and religious dimensions as long as he does not violate does not infringe on constitutional order, legal order or morality. 
Country Islam State Religion? ICCPR Ratification Constitutional Provisions for the Right to Freedom of Relig

Article 23 Each person has the right to freedom of thought, of opinion, of expression, oreligion and of cult. The State guarantees the free exercise of the cult and the These rights are exercised in the respect of public order, of social peace and o

Senegal No Feb. 13, 1978 Article 8 

The Republic of Senegal guarantees to all citizens fundamental individual fresocial rights as well as the collective rights. These freedoms are in particular freedoms: freedom of opinion, freedom of association, freedom of assembly, movement, freedom of manifestation, the cultural freedoms [and] the religioufreedoms and these rights are exercised within the conditions provided by law

Article 24 The freedom of conscience, the freedoms and the religious and cultural practthe religious educator are guaranteed, subject to the public order. The institutcommittees have the right to develop themselves without hindrance. They artutelage of the State. They regulate and administer their affairs in an autonom

Sierra Leone No Aug. 23, 1996 Article 24 

(1) Except with his own consent, no person shall be hindered in the enjoymenconscience and for the purpose of this section the said freedom includes freereligion, freedom to change his religion or belief, and freedom either alone oothers and both in public and in private to manifest and propagate his religion teaching, practice and observance. (2) Except with his own consent...no person attending any place of education receive religious instruction or to take part in or to attend any religious ceremthat instruction, ceremony or observance relates to a religion other than his o(3) No religious community or denomination shall be prevented from providinstruction for persons of that community or denomination in the course of aby that community or denomination. (4) No person shall be compelled to take any oath which is contrary to his retake any oath in a manner which is contrary to his religion or belief. (5) Nothing contained in or done under the authority of any law shall be held with or in contravention of this section to the extent that the law in question mwhich is reasonably required— 

(a) in the interest of defence, public safety, public order, public morality (b) for the purpose of protecting the rights and freedoms of other personto observe and practise any religion without the unsolicited intervention any other religion; 

and except in so far as that provision or, as the case may be, the thing done u
Country Islam State Religion? ICCPR Ratification Constitutional Provisions for the Right to Freedom of Relig

thereof, is shown not to be reasonably justifiable in a democratic society. 

Somalia Jan. 24, 1990 No internationally recognized government and no constitution. Sudan No Mar. 18, 1986 Article 24

Every human being shall have the right of freedom of conscience and religiohave the right to declare his religion or creed, and manifest the same by way education, practice or performance of rites or ceremonies; and no one shall b

such faith, as he does not believe in, nor to practice rites or services he does nconsent to; and that is without prejudice to the right of choice of religion, injuothers, or to public order, all as may be regulated by law. 

Article 27 There shall be guaranteed for every community or group of citizens the right particular culture, language or religion, and rear children freely within the fra

particularity, and the same shall not by coercion be effaced. 
Europe/Eurasia 

Country Islam 

State 

Religion? 

ICCPR 

Ratification 

Constitutional Provisions for the Right to Freedom of Religio

Albania No Oct. 4, 1991 Article 20 

 1. Persons who belong to national minorities exercise in full equality before the laand freedoms. 2. They have the right to freely express, without prohibition or compulsion, their ereligious and linguistic belonging. They have the right to preserve and develop it, taught in their mother tongue, as well as unite in organizations and societies for thinterests and identity. Article 241. Freedom of conscience and of religion is guaranteed. 2. Everyone is free to choose or to change his religion or beliefs, as well as to expror collectively, in public or private life, through cult, education, practices or the pe3. No one may be compelled or prohibited to take part or not in a religious commupractices or to make his beliefs or faith public. 

Azerbaijan No Aug. 13, 

1992 

Article 48 I. Everyone has the right to freedom of conscience and religion. II. Everyone has the right to independently define his attitude towards religion, to or together with others, or to profess no religion at all, to express and spread religiIII. The free conduct of religious rites if it does not violate public order or public mIV. The violation of the freedom of religion and self-expression is not allowed. Article 71 IV. No one shall be compelled to make public religious and other convictions and persecuted for them. 

Kyrgyzstan No Oct. 7, 1994 Article 16 

11. Everyone is guaranteed the freedom of conscience, confession and religious or Everyone has the right to freely profess any religion or to not profess any, to choodisseminate religious or atheist beliefs. Article 82 3. The Constitutional Court of the Kyrgyz Republic: 8) Resolves issues concerning the constitutionality of activities of political partiesand religious organizations. 

Tajikistan No Jan. 4, 1999 Article 26 

Everyone has the right to independently determine his (her) relationship toward rereligion individually or together with others, or to profess none, and to participate 
Country Islam 

State 

Religion? 

ICCPR 

Ratification 

Constitutional Provisions for the Right to Freedom of Religio

religious cults, rituals, and ceremonies. 

Turkey No Sep. 23, 2003 Article 24 

Everyone has the right to freedom of conscience, religious belief and conviction. Acts of worship, religious services, and ceremonies can be conducted freely, proviviolate the provisions of Article 14. No one can [be] compelled to worship, or to participate in religious ceremonies an

religious beliefs and convictions, or be blamed or accused because of his religious convictions. 

Education and instruction in religion and ethics are conducted under state supervisInstruction in religious culture and ethics education are compulsory in the curricul

secondary schools. Other religious education and instruction are subject to the indand in the case of minors, to the request of their legal representatives. 

No one can be allowed to exploit or abuse religion or religious feelings, or things hreligion, in any manner whatsoever, for even partially basing the fundamental, socpolitical, and legal order of the state on religious tenets or for the purpose of obtainpersonal benefit and influence. Article 14 None of the rights and freedoms embodied in the Constitution can be exercised for with the aim of...endangering the existence of the democratic and laic Republic bNo provision of the Constitution can be interpreted in a manner that would grants individuals destroying the fundamental rights and freedoms embodied in the Consactivity with the aim of restricting rights and freedoms more extensively than is stConstitution... 

Turkmenistan No May 1, 1997 Article 11 

The State guarantees freedom of religion and conscience and their equality before organizations are separate from the State and may not interfere with State matters functions. The State educational system is separate from religious organizations ancharacter. Everyone has the right to independently determine his [her] attitude toward religioindividually or with others any religion or not to profess any [religion], to express convictions connected to the attitude toward religion [and] to participate in the pracults, rituals and ceremonies. 
Country Islam 

State 

Religion? 

ICCPR 

Ratification 

Constitutional Provisions for the Right to Freedom of Religio

Uzbekistan No Sep. 28, 1995 Article 31 

Freedom of conscience is guaranteed to all. Everyone shall have the right to profeany religion. Any compulsory imposition of religion shall be impermissible. Article 61 Religious organizations and associations are separate from the government and eqThe government does not interfere in the activities of religious associations. 
C. Table III: Equality and Prohibition of Discrimination 

Constitutional Provisions (By Region) Middle East/North Africa 

Country Islam State Religion? Constitutional Provisions for Equality and Prohibition of Discrimina

Algeria Yes Article 29

The citizens are equal before the law without any possible discrimination on the basis of birth, raopinion or all other conditions or personal or social circumstance. Article 31 The [government] institutions seek to assure the equality of rights and duties of all citizens...in sobstacles, which obstruct the development of the human personality and impede the effective papolitical, economic, social and cultural life. Article 140 Justice is founded on the principles of legality and equality. It is equal for all, accessible to all, and is expressed by respect of the law. 

Bahrain Yes Article 4

Justice is the basis of government. Cooperation and mutual respect provide a firm bond between equality, security, trust, knowledge, social solidarity and equality of opportunity for citizens are guaranteed by the State. Article 5 b. The State guarantees reconciling the duties of women towards the family with their work in so

equality with men in political, social, cultural, and economic spheres without breaching the prov

canon law (Shari’a). 

Article 18 People are equal in human dignity, and citizens are equal before the law in public rights and dutidiscrimination among them on the basis of sex, origin, language, religion or creed. 

Egypt Yes Article 8 

The State shall guarantee equality of opportunity to all citizens. Article 11 The State shall guarantee the proper coordination between the duties of woman towards the famithe society, considering her equal with man in the fields of political, social, cultural and economviolation of the rules of Islamic jurisprudence. 
Country Islam State Religion? Constitutional Provisions for Equality and Prohibition of Discrimina

Article 40 All citizens are equal before the law. They have equal public rights and duties without discrimindue to race, ethnic origin, language, religion or creed. 

Iran Yes Article 3 

In order to attain the objectives specified in Article 2 [belief system of the Islamic Republic], the the duty of directing all its resources to the following goals: 9. the abolition of all forms of undesirable discrimination and the provision of equitable opportuthe material and intellectual spheres... 14. securing the multifarious rights of all citizens, both women and men, and providing legal proas the equality of all before the law... Article 19 All people of Iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights; alanguage, and the like, do not bestow any privilege. 

Article 20 All citizens of the country, both men and women, equally enjoy the protection of the law and enjpolitical, economic, social, and cultural rights, in conformity with Islamic criteria. Article 21 The government must ensure the rights of women in all respects, in conformity with Islamic critthe following goals: 1. create a favourable environment for the growth of woman’s personality and the restoration of material and intellectual; 2. the protection of mothers, particularly during pregnancy and childrearing, and the protection oguardians; 3. establishing competent courts to protect and preserve the family; 4. the provision of special insurance for widows, and aged women and women without support; 5. the awarding of guardianship of children to worthy mothers, in order to protect the interests of absence of a legal guardian. 

Iraq 1925 Yes Article 18 

Iraqis shall be equal in status, as regards the enjoyment of their rights and the discharge of their o

Iraq 2004 (TAL) 

Yes Article 12

All Iraqis are equal in their rights without regard to gender, sect, opinion, belief, nationality, religthey are equal before the law. Discrimination against an Iraqi citizen on the basis of his gender, nor origin is prohibited. Everyone has the right to life, liberty, and the security of his person. No oof his life or liberty, except in accordance with legal procedures. All are equal before the courts. 
Country Islam State Religion? Constitutional Provisions for Equality and Prohibition of Discrimina

Jordan Yes Article 6 

(i) Jordanians shall be equal before the Law. There shall be no discrimination between them as rduties, on grounds of race, language or religion. (ii) The Government shall ensure work and education, within the limits of its possibilities, and shtranquility and equal opportunities, to all Jordanians. 

Kuwait Yes Article 8 

The State safeguards the pillars of Society and ensures security, tranquility and equal opportunitArticle 29 All people are equal in human dignity, and in public rights and duties before the law, without disorigin, language or religion. Article 175 The provisions relating to the Amiri System in Kuwait and the principles of liberty and equality, Constitution, may not be proposed for revision except in relation to the title of the Emirate or to guarantees of liberty and equality. 

Lebanon No Article 7 

All Lebanese are equal before the law. They equally enjoy civil and political rights, and assume duties without any distinction among them. 

Libya Yes Article 5

All citizens are equal before the law.

Morocco Yes Article 5

All Moroccans are equal before the law. Article 8Men and Women enjoy equal political rights. 

Oman Yes Article 17 

All citizens are equal before the Law and share the same public rights and duties. There is no disthem on the ground of gender, origin, colour, language, religion, sect, domicile, or social status. 

Qatar Yes Article 18 

The Qatari society is based upon the pillars of justice, charity, freedom, equality, and good moraArticle 19 The State protects the pillars of society, maintains security and stability, and equal opportunities Article 35People are equal before the law. There shall be no discrimination against them because of sex, rareligion.
Country Islam State Religion? Constitutional Provisions for Equality and Prohibition of Discrimina

Saudi Arabia Yes Article 8 

The rule in the kingdom is based on justice, consultations and equality in accordance with the Isl

Syria No Article 25 

(3) The citizens are equal before the law in their rights and duties. (4) The state insures the principle of equal opportunities for citizens. Article 45 The state shall guarantee for women all opportunities enabling them to fully and effectively partsocial, cultural, and economic life. The state must remove the restrictions that prevent women’s participation in building the socialist Arab society. 

Tunisia Yes Article 6 

All citizens have the same rights and the same duties. They are equal before the law. 

U.A.E. Yes Article 14 

Equality, social justice, the provision of safety and security and equality of opportunity for all citbases of the community. Mutual co-operation and respect shall be a firm bond between them. Article 25 All persons shall be equal before the law. No discrimination shall be practised between citizens oreason of race, nationality, religious belief or social position. 

Yemen Yes Article 24 

The State shall provide equal political, economic, social and cultural opportunities for all citizenlegislations ensuring proper application. Article 25 The Yemeni society shall hereby be established on social solidarity based on justice, freedom anprovided for by law. Article 31 Women are akin to men having rights and obligations as demanded by the Sharia’a and stipulateArticle 40 All citizens shall have equal rights and obligations. 
South Asia 

Country Islam State Religion? Constitutional Provisions for Equality and Prohibition of Discrimina

Afghanistan Yes Article 22 

Any kind of discrimination and privilege among the citizens of Afghanistan is prohibited. The citizens of Afghanistan have equal rights and duties before the law. 

Bangladesh Yes Article 27 

 All citizens are equal before law and are entitled to equal protection of law. Article 28 (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, s... (3) No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to 

liability, restriction or condition with regard to access to any place of public entertainment or res

any educational institution. 

Maldives Yes Article 13 

Maldivian citizens are equal before and under the law and are entitled to the equal protection of t

Pakistan Yes Article 22

(2) In respect of any religious institution, there shall be no discrimination against any community exemption or concession in relation to taxation. Article 25 (1) All citizens are equal before law and are entitled to equal protection of law. (2) There shall be no discrimination on the basis of sex alone. Article 26 (1) In respect of access to places of public entertainment or resort, not intended for religious purp

be no discrimination against any citizen on the ground only of race, religion, caste, sex, residenc

Article 27 (1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminatof any such appointment on the ground only of race religion, caste, sex, residence or place of bir
East Asia 

Country Islam State Religion? Constitutional Provisions for Equality and Prohibition of Discrimina

Brunei Yes n/a Indonesia No Article 27 

(1) All citizens shall be equal before the law and the government and shall be required to respect government, with no exceptions. Article 28D (1) Every person shall have the right of recognition, guarantees, protection and certainty before a equal treatment before the law. Article 28I (2) Every person shall have the right to be free from discriminative treatment based upon any groshall have the right to protection from such discriminative treatment.

Malaysia Yes Article 8 

(1) All persons are equal before the law and entitled to the equal protection of the law. (2) Except as expressly authorised by this Constitution, there shall be no discrimination aganist [ground only of religion, race, descent or place of birth in any law or in the appointment to any ofunder a public authority or in the administration of any law relating to the acquisition, holding or property or the establishing or carrying on of any trade, business, profession, vocation or employ... (5) This Article does not invalidate or prohibit— (a) any provision regulating personal law... Article 12 (1) Without prejudice to the generality of Article 8, there shall be no discrimination against any conly of religion, race, descent or place of birth— (a) in the administration of any educational institution maintained by a public authority, and, in padmission of pupils or students or the payment of fees; or (b) in providing out of the funds of a public authority financial aid for the maintenance or educatstudents in any educational institution...
Africa 

Country Islam State Religion? Constitutional Provisions for Equality and Prohibition of Discrimina

Burkina Faso No Article 1 

All the Burkinabians are born free and equal in rights. All have an equal vocation to enjoy all the rights and all the freedoms guaranteed by the present Discrimination of all sorts, notably those founded on race, ethnic [character], region, color, sex, l

caste, political opinions, wealth and birth, are prohibited. 

Article 23 ...Marriage is founded on the free consent of the man and of the woman. Every discrimination fo

religion, ethnicity, caste, social origin, fortune is forbidden in the matter of marriage. 

Children are equal in rights and in duties within their familial relations.

Chad No Article 13 

Chadians of either sex have the same rights and the same duties. They are equal before the law. Article 14 The State assures to all equality before the law, without distinction of origin, race, sex, religion, psocial position. It has the duty to see to the elimination of all forms of discrimination with regard to women and protection of their rights in all areas [domaines] of private and public life. Article 161 Until their codification, the customary and traditional rules are applicable only in the communitirecognized. However, those customs contrary to the public order or those which promote inequaare forbidden. 

Comoros No Preamble: 

[The Comorian people] proclaim: ... - Equality for all in rights and duties without distinction to sex, origin, race, religion or belief. - Equality for all before the law... This preamble forms an integral part of the Constitution.

Djibouti No Article 1 

... [Djibouti] shall ensure the equality of all citizens before the law, without distinction as to origreligion. It shall respect all beliefs... Article 10 The person is sacred. The State shall have the obligation to respect and protect it. All human bein
Country Islam State Religion? Constitutional Provisions for Equality and Prohibition of Discrimina

before the law. 

Gambia No Article 28 

(1) Women shall be accorded full and equal dignity of the person with men. (2) Women shall have the right to equal treatment with men, including equal opportunities in polsocial activities. Article 33 (1) All persons shall be equal before the law. (2) Subject to the provisions of subsection (5), no law shall make any provision which is discrimor in its effect. (3) Subject to the provisions of subsection (5), no person shall be treated in a discriminatory manacting by virtue of any law or in the performance of the functions of any public office or any pub(4) In this section, the expression “discrimination” means affording different treatment to differewholly or mainly to their respective descriptions by race, colour, gender, language, religion, polinational or social origin, property, birth or other status whereby persons of one such description disabilities or restrictions to which persons of another such description are not made subject, or aprivileges or advantages which are not accorded to persons of another such description. (5) Subsection (2) shall not apply to any law in so far as that law makes provision— (a) with respect to persons who are not citizens of The Gambia or to qualifications for citizenship(b) with respect to the qualifications prescribed by this Constitution for any office; (c) with respect to adoption, marriage, divorce, burial, devolution of property on death or other mlaw; (d) for the application in the case of members of a particular race or tribe of customary law with 

in the case of persons who, under that law, are subject to that law. 

(6) Subsection (3) shall not apply to anything which is expressly or by necessary implication autany such provision of law as is referred to in subsection (5). Article 216 (1) The State shall endeavour to secure and promote a society founded on the principles of freedtolerance, probity and accountability. 

Guinea No Article 4 

The law shall punish any act of racial, ethnic or religious discrimination, or any regionalistic prohave a grave effect on national unity, the security of the State, the territorial integrity of the Repudemocratic functioning of its institutions. Article 8 All human beings shall be equal before the law. Men and women have the same rights. No one sdisadvantaged by reason of his birth, his race, his ethnicity, his language, his political, philosoph
Country Islam State Religion? Constitutional Provisions for Equality and Prohibition of Discrimina

beliefs and opinions. 

Mali No Article 2

Every Malian is born and remain [sic] free and equal in rights and duties. All discrimination founcolor, language, race, sex, religion and political opinion shall be prohibited. 

Mauritania Yes Article 1 

...The Republic shall guarantee equality before the law to all of its citizens, without distinction aor social condition... 

Niger No Article 8 

...The Republic shall assure to all the equality before the law without distinction of sex, of sociaorigin...All particularist propaganda of regional, racial or ethnic character, all manifestation of ror religious discrimination, shall be punished by law... 

Senegal No Article 1 

The Republic of Senegal is secular, democratic, and social. It assures the equality before the law without distinction of origin, race, sex (or) religion. It respects all faiths. Article 5Any act of racial, ethnic, or religious discrimination, as well as any regionalist propaganda which internal security of the State or to the territorial integrity of the Republic, are punished by law. Article 7 ...All human beings are equal before the law. There is in Senegal no subject, no privilege of birt

Sierra Leone No Article 6 

(2)...the State shall promote national integration and unity and discourage discrimination on the 

origin, circumstance of birth, sex, religion, status, ethnic or linguistic association or ties. 

Article 8 (1) The Social Order of the State shall be founded on the ideals of Freedom, Equality and Justice(2) In furtherance of the Social Order— (a) every citizen shall have equality of rights, obligations, and opportunities before the law, and tthat every citizen has an equal right and access to all opportunities and benefits based on merit; Article 27(1) Subject to the provisions of subsection (4), (5) and (7), no law shall make any provision whiceither of itself or in its effect. (2) Subject to the provisions of subsections (6), (7) and (8), no person shall be treated in a discrimany person acting by virtue of any law or in the performance of the functions of any public office authority. (3) In this section the expression “discriminatory” means affording different treatment to differen
Country Islam State Religion? Constitutional Provisions for Equality and Prohibition of Discrimina

wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, political opin

whereby persons of one such description are subjected to disabilities or restrictions to which persdescription are not made subject, or are accorded privileges or advantages which are not accordeanother such description. 

(4) Subsection (1) shall not apply to any law so far as that law makes provision— (a) for the appropriation of revenues or other funds of Sierra Leone or for the imposition of taxatlevying of fees for the grant of licences); or (b) with respect to persons who are not citizens of Sierra Leone; or (c) with respect to persons who acquire citizenship of Sierra Leone by registration or by naturalizresolution of Parliament; or (d) with respect to adoption, marriage, divorce, burial, devolution of property on death or other inlaw; or (e) for the application in the case of members of a particular race or tribe or customary law with to the exclusion of any law with respect to that matter which is applicable in the case of other pe(f) for authorising the taking during a period of public emergency of measures that are reasonabl

purpose of dealing with the situation that exists during that period of public emergency; or 

(g) whereby persons of any such description as mentioned in subsection (3) may be subjected to restriction or may be accorded any privilege or advantage which, having regard to its nature and circumstances pertaining to those persons or to persons of any other such description, is reasonabdemocratic society; or (h) for the limitation of citizenship or relating to national registration or to the collection of demo(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsextent that it makes provision with respect to qualifications for service as a public officer or as a force or for the service of a local government authority or a body corporate established directly bmembership of Parliament. (6) Subsection (2) shall not apply to anything which is expressly or by necessary implication autany such provisions of law as is referred to in subsection (4) or (5). (7) Nothing contained in or done under the authority of any law shall be held to be inconsistent wcontravention of this section to the extent that the law in question makes provision whereby persdescription as is mentioned in subsection (3) may be subjected to any restriction of the rights and by sections 18, 22, 24, 25 and 26 being such a restriction as is authorised by subsection (3) of sec(2) of section 22, subsection (5) of section 24, subsection (2) of section 25 or subsection (2) of semay be. (8) The exercise of any discretion relating to the institution, conduct or discontinuance of civil or in any court that is vested in any person under or by this Constitution or any other law shall not bany Court on the grounds that it contravenes the provision of subsection (2). 

Somalia No internationally recognized government and no constitution available.
Country Islam State Religion? Constitutional Provisions for Equality and Prohibition of Discrimina

Sudan No Article 21

All people are equal before the courts of law. Sudanese are equal in rights and duties as regards tlife; and there shall be no discrimination only by reason of race, sex or religious creed. They are public posts and offices not being discriminated on the basis of wealth. 
Europe/Eurasia 

Country Islam State Religion? Constitutional Provisions for Equality and Prohibition of Discrimina

Albania No Article 18 

1. All are equal before the law. 2. No one may be unjustly discriminated against for reasons such as gender, race, religion, ethnicpolitical, religious or philosophical beliefs, economic condition, education, social status, or ance3. No one may be discriminated against for reasons mentioned in paragraph 2 if reasonable and ogrounds do not exist. 

Azerbaijan No Article 25 

I. Everyone is equal before the law and the court. II. Men and women have equal rights and freedoms. III. Everyone has equal rights and freedoms irrespective of race, nationality, religion, sex, originsocial position, convictions, political party, trade union organization and social unity affiliation. recognition of rights and freedoms because of race, nationality, social status, language, origin, coreligion are prohibited. 

Kyrgyzstan No Article 15 

3. All [persons] in the Kyrgyz Republic are equal before law and the court. No one can be subjecdiscrimination, violation of rights and freedoms on the ground of origin, gender, race, nationality

political and religious convictions, or any other conditions and circumstances of personal or pub

Article 22 1. Laws of the Kyrgyz Republic concerning the rights and freedoms of citizens must be equally aand not bestow on anyone privileges and preferences, except for cases provided for by the ConstRepublic and laws for the social protection of citizens. 

Tajikistan No Article 17 

All are equal before the law and court. The State guarantees the rights and freedoms of everyone nationality, race, gender, language, religious beliefs, political persuasion, education, [and] social Men and women have equal rights. 

Turkey No Article 10 

All individuals are equal without any discrimination before the law, irrespective of language, racpolitical opinion, philosophical belief, religion and sect, or any such considerations. No privilege can be granted to any individual, family, group or class. State organs and administrative authorities act in compliance with the principle of equality beforproceedings. 

Turkmenistan No Article 17

Turkmenistan guarantees the equality of rights and freedoms of citizens as well as the equality olaw regardless of nationality, origin, property and official status, place of residence, language, atpolitical conviction [or] political affiliation. 
Country Islam State Religion? Constitutional Provisions for Equality and Prohibition of Discrimina

Article 18 A man and a woman in Turkmenistan have equal civil rights. Violation of equality of rights on gentails responsibility according to law. 

Uzbekistan No Article 18 

All citizens of the Republic of Uzbekistan shall have equal rights and freedoms, and shall be equwithout discrimination by sex, race, nationality, language, religion, social origin, convictions, ind

status. 

Article 46 Women and men shall have equal rights. 
D. Population Data and Freedom of Religion Provisions of Non-Muslim Countries 

with Significant Muslim Populations 

India141

Population Data 

Estimated Muslim Population: 120,000,000 

Estimated % Muslim Population: 12% 

Religious or Secular State? Constitution preamble: sovereign socialist secular 

democratic republic 

Constitutional Formulation 

Article 14 

The State shall not deny to any person equality before the law or the equal protection of 

the laws within the territory of India. 

Article 15

(1) The State shall not discriminate against any citizen on grounds only of religion, race, 

caste, sex, place of birth or any of them. 

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of 

them, be subject to any disability, liability, restriction or condition with regard to— 

(a) access to shops, public restaurants, hotels and places of public entertainment; or 

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained 

wholly or partly out of State funds or dedicated to the use of general public. 

(3) Nothing in this article shall prevent the State from making any special provision for 

women and children. 

(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from 

making any special provision for the advancement of any socially and educationally 

backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. 

Article 25 

(1) Subject to public order, morality and health and to the other provisions of this Part, all 

persons are equally entitled to freedom of conscience and the right freely to profess, 

practise and propagate religion. 

(2) Nothing in this article shall affect the operation of any existing law or prevent the 

State from making any law— 

(a) regulating or restricting any economic, financial, political or other secular activity 

which may be associated with religious practice; 

(b) providing for social welfare and reform or the throwing open of Hindu religious 

institutions of a public character to all classes and sections of Hindus. 

... 

Explanation II—In sub-clause (b) of clause (2), the reference to Hindus shall be 

construed as including a reference to persons professing the Sikh, Jaina or Buddhist 

religion, and the reference to Hindu religious institutions shall be construed accordingly. 

 

141 Constitution of India (as amended to the 86th Amendment Act, 2002). 

81
Article 26 

Subject to public order, morality and health, every religious denomination or any section 

thereof shall have the right— 

(a) to establish and maintain institutions for religious and charitable purposes; 

(b) to manage its own affairs in matters of religion; 

(c) to own and acquire movable and immovable property; and 

(d) to administer such property in accordance with law. 

Article 27 

No person shall be compelled to pay any taxes, the proceeds of which are specifically 

appropriated in payment of expenses for the promotion or maintenance of any particular 

religion or religious denomination. 

Article 28 

(1) No religious instruction shall be provided in any educational institution wholly 

maintained out of State funds. 

(2) Nothing in clause (1) shall apply to an educational institution which is administered 

by the State but has been established under any endowment or trust which requires that 

religious instruction shall be imparted in such institution. 

(3) No person attending any educational institution recognised by the State or receiving 

aid out of State funds shall be required to take part in any religious instruction that may 

be imparted in such institution or to attend any religious worship that may be conducted 

in such institution or in any premises attached thereto unless such person or, if such 

person is a minor, his guardian has given his consent thereto. 

Article 30 

(1) All minorities, whether based on religion or language, shall have the right to establish 

and administer educational institutions of their choice. 

Article 51A

It shall be the duty of every citizen of India—; 

(e) to promote harmony and the spirit of common brotherhood amongst all the people of 

India transcending religious, linguistic and regional or sectional diversities; to renounce 

practices derogatory to the dignity of women; 

82
Nigeria142

Population Data 

Estimated Muslim Population: 68,500,000 

Estimated % Muslim Population: 50% 

Religious or Secular State? n/a 

Constitutional Formulation 

Article 10 

The Government of the Federation or of a State shall not adopt any religion as State 

Religion. 

Article 15 

(2) ...national integration shall be actively encouraged, whilst discrimination on the 

grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties 

shall be prohibited. 

(3) For the purpose of promoting national integration, it shall be the duty of the State to— 

(c) encourage inter-marriage among persons from different places of origin, or of 

different religious, ethnic or linguistic association or ties; and 

(d) promote or encourage the formation of associations that cut across ethnic, linguistic, 

religious or other sectional barriers. 

Article 23 

The national ethics shall be Discipline, Integrity, Dignity of Labour, Social Justice, 

Religious Tolerance, Self-reliance and Patriotism. 

Article 38 

(1) 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. 

(2) No person attending any place of education shall be required to receive religious 

instruction or to take part in or attend any religious ceremony or observance if such 

instruction, ceremony or observance relates to a religion other than his own, or a religion 

not approved by his parent or guardian. 

(3) No religious community or denomination shall be prevented from providing religious 

instruction for pupils of that community or denomination in any place of education 

maintained wholly by that community or denomination. 

(4) Nothing in this section shall entitle any person to form, take part in the activity or be a 

member of a secret society. 

Article 42 

(1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, 

religion or political opinion shall not, by reason only that he is such a person— 

 

142 Constitution of the Federal Republic of Nigeria (Promulgation) Decree 1999. 

83
(a) be subjected either expressly by, or in the practical application of, any law in force in 

Nigeria or any executive or administrative action of the government, to disabilities or 

restrictions to which citizens of Nigeria of other communities, ethnic groups, places of 

origin, sex, religions or political opinions are not made subject; or 

(b) be accorded either expressly by, or in the practical application of, any law in force in 

Nigeria or any such executive or administrative action, any privilege or advantage that is 

not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, 

sex, religions or political opinions. 

Article 262 

(1) The Sharia Court of Appeal shall, in addition to such other jurisdiction as may be 

conferred upon it by an Act of the National Assembly, exercise such appellate and 

supervisory jurisdiction in civil proceedings involving questions of Islamic personal law. 

(2) For the purposes of subsection (1) of this section, the Sharia Court of Appeal shall be 

competent to decide— 

(a) any question of Islamic personal law regarding a marriage concluded in accordance 

with that law, including a question relating to the validity or dissolution of such a 

marriage or a question that depends on such a marriage and relating to family relationship 

or the guardianship of an infant; 

(b) where all the parties to the proceedings are muslims, any question of Islamic personal 

law regarding a marriage, including the validity or dissolution of that marriage, or 

regarding family relationship, a foundling or the guardianship of an infant; 

(c) any question of Islamic personal law regarding a wakf, gift, will or succession where 

the endower, donor, testator or deceased person is a muslim; 

(d) any question of Islamic personal law regarding an infant, prodigal or person of 

unsound mind who is a muslim or the maintenance or the guardianship of a muslim who 

is physically or mentally infirm; or 

(e) where all the parties to the proceedings, being muslims, have requested the court that 

hears the case in the first instance to determine that case in accordance with Islamic 

personal law, any other question.143

 

143 Arts. 275-279 of the Nigerian constitution also provide for establishment of state-level sharia courts. 

84
China144

Population Data 

Estimated Muslim Population: 20,000,000 

Estimated % Muslim Population: 1.4% 

Religious or Secular State? n/a 

Constitutional Formulation 

Article 4 

All nationalities in the People’s Republic of China are equal. The state protects the lawful 

rights and interests of the minority nationalities and upholds and develops the relationship 

of equality, unity and mutual assistance among all of China’s nationalities. 

Discrimination against and oppression of any nationality are prohibited; any acts that 

undermine the unity of the nationalities or instigate their secession are prohibited. 

Article 33 

All citizens of the People’s Republic of China are equal before the law. 

Every citizen enjoys the rights and at the same time must perform the duties prescribed 

by the constitution and the law. 

Article 36 

Citizens of the People’s Republic of China enjoy freedom of religious belief. 

No state organ, public organization or individual may compel citizens to believe in, or not 

to believe in, any religion; nor may they discriminate against citizens who believe in, or 

do not believe in, any religion. 

The state protects normal religious activities. No one may make use of religion to engage 

in activities that disrupt public order, impair the health of citizens or interfere with the 

educational system of the state. 

Religious bodies and religious affairs are not subject to any foreign domination. 

Article 48 

Women in the People’s Republic of China enjoy equal rights with men in all spheres of 

life, political, economic, cultural and social, including family life. 

 

144 Constitution of the People’s Republic of China (as amended to March 29, 1999). 

85
Russia145

Population Data 

Estimated Muslim Population: 20,000,000 

Estimated % Muslim Population: 14% 

Religious or Secular State? Secular 

Constitutional Formulation 

Article 13 

1. In the Russian Federation, ideological diversity is recognized. 

2. No ideology can be instituted as a state-sponsored or mandatory. 

Article 14 

1. The Russian Federation is a secular state. No religion may be instituted as statesponsored or mandatory. 

2. Religious associations are separated from the state, and are equal before the law. 

Article 19 

1. All are equal before the law and the court. 

2. The State guarantees the equality of rights and freedoms without regard to gender, 

race, nationality, language, origin, property or employment condition, attitude toward 

religion, membership in public associations or any other circumstances. Any forms of 

limitation of rights of man and citizen on social, racial, linguistic or religious grounds 

[are prohibited]. 

3. Man and women have equal rights and freedoms and equal possibilities of their 

realization. 

Article 28 

Everyone is guaranteed the freedom of conscience, freedom of religious worship, 

including the right to profess, individually or jointly with others, any religion, or to 

profess no religion, to freely choose, posses and disseminate religious or other beliefs, 

and to act in conformity with them. 

Article 29 

1. Everyone is guaranteed the freedom of thought and speech. 

2. Inadmissible are propaganda or agitation, inciting social racial, national hatred and 

strife. Forbidden are propaganda of social, racial, national, religious or racial superiority. 

 

145 Constitution of the Russian Federation, 1993 

86
Ethiopia146

Population Data 

Estimated Muslim Population: 31,950,000 

Estimated % Muslim Population: 45% 

Religious or Secular State? n/a 

Constitutional Formulation 

Article 11 

1. State and religion are separate. 

2. There shall be no state religion. 

3. The state shall not interfere in religious matters and religion shall not interfere in state 

affairs. 

Article 25 

All persons are equal before the law and are entitled without any discrimination to the 

equal protection of the law. In this respect, the law shall guarantee to all persons equal 

and effective protection without discrimination on grounds of race, nation, nationality, or 

other social origin, colour, sex, language, religion, political or other opinion, property, 

birth or other status. 

Article 27 

1. Everyone has the right to freedom of thought, conscience and religion. This right shall 

include the freedom to hold or to adopt a religion or belief of his choice, and the freedom, 

either individually or in community with others, and in public or private, to manifest his 

religion or belief in worship, observance, practice and teaching. 

2. Without prejudice to the provisions of sub-Article 2 of Article 90, believers may 

establish institutions of religious education and administration in order to propagate and 

organize their religion. 

3. No one shall be subject to coercion or other means which would restrict or prevent his 

freedom to hold a belief of his choice. 

4. Parents and legal guardians have the right to bring up their children ensuring their 

religious and moral education in conformity with their own convictions. 

5. Freedom to express or manifest one’s religion or belief may be subject only to such 

limitations as are prescribed by law and are necessary to protect public safety, peace, 

health, education, public morality or the fundamental rights and freedoms of others, and 

to ensure the independence of the state from religion. 

Article 34 

1. Men and women, without any distinction as to race, nation, nationality or religion, who 

have attained marrigeable [sic] age as defined by law, have the right to marry and found a 

family. They have equal rights while entering into, during marriage and at the time of 

divorce. 

 

146 Constitution of the Federal Democratic Republic of Ethiopia, 1995. 

87
5. This Constitution shall not preclude the adjudication of disputes relating to personal 

and family laws in accordance with religious or customary laws, with the consent of the 

parties to the dispute. Particulars shall be determined by law. 

Article 35 

1. Women shall, in the enjoyment of rights and protections provided for by this 

Constitution, have equal right with men. 

7. Women have the right to acquire, administer, control, use and transfer property. In 

particular, they have equal rights with men with respect to use, transfer, administration 

and control of land. They shall also enjoy equal treatment in the inheritance of property. 

Article 90 

2. Education shall be provided in a manner that is free from any religious influence, 

political partisanship or cultural prejudices. 

88
Tanzania147

Population Data 

Estimated Muslim Population: 12,600,000 

Estimated % Muslim Population: 35% 

Religious or Secular State? n/a 

Constitutional Formulation 

Article 9 

The object of this Constitution is to facilitate the building of the United Republic as a 

nation of equal and free individuals enjoying freedom, justice, fraternity and concord, 

through the pursuit of the policy of Socialism and Self Reliance which emphasises the 

application of socialist principles while taking into account the conditions prevailing in 

the United Republic. Therefore, the state authority and all its agencies are obliged to 

direct their policies and programmes towards ensuring— 

(g) that the Government and all its agencies provide equal opportunities to all citizens, 

men and women alike without regard to their colour, tribe, religion, or station in life; 

Article 13 

(1) All persons are equal before the law and are entitled, without any discrimination, to 

protection and equality before the law. 

(2) No law enacted by any authority in the United Republic shall make any provision that 

is discriminatory either of itself or in its effect. 

(5) For the purposes of this Article the expression “discriminate” means to satisfy the 

needs, rights or other requirements of different persons on the basis of their nationality, 

tribe, place of origin, political opinion, colour, religion or station in life such that certain 

categories of people are regarded as weak or inferior and are subjected to restrictions or 

conditions whereas persons of other categories are treated differently or are accorded 

opportunities or advantage outside the specified conditions or the prescribed necessary 

qualifications. 

Article 19 

(1) Every person has the right to the freedom of thought or conscience, belief or faith, and 

choice in matters of religion, including the freedom to change his religion or faith. 

(2) Without prejudice to the [r]elevant laws of the United Republic the profession of 

religion, worship and propagation of religion shall be free and a private affair of an 

individual; and the affairs and management of religious bodies shall not be part of the 

activities of the state authority. 

(3) In this Article reference to the word “religion” shall be construed as including 

reference to religious denominations, and cognate expressions shall be construed 

accordingly. 

 

147 Constitution of the United Republic of Tanzania of 1977 (as amended to 1998). 

89
E. Selected International Human Rights Documents 

i. Universal Declaration of Human Rights 1948 

UN Doc. A/811 

Preamble 

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all 

members of the human family is the foundation of freedom, justice and peace in the 

world, 

Whereas disregard and contempt for human rights have resulted in barbarous acts which 

have outraged the conscience of mankind, and the advent of a world in which human 

beings shall enjoy freedom of speech and belief and freedom from fear and want has been 

proclaimed as the highest aspiration of the common people, 

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to 

rebellion against tyranny and oppression, that human rights should be protected by the 

rule of law, 

Whereas it is essential to promote the development of friendly relations between nations, 

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in 

fundamental human rights, in the dignity and worth of the human person and in the equal 

rights of men and women and have determined to promote social progress and better 

standards of life in larger freedom, 

Whereas Member States have pledged themselves to achieve, in cooperation with the 

United Nations, the promotion of universal respect for and observance of human rights 

and fundamental freedoms, 

Whereas a common understanding of these rights and freedoms is of the greatest 

importance for the full realization of this pledge, 

Now, therefore, 

The General Assembly, 

Proclaims this Universal Declaration of Human Rights as a common standard of 

achievement for all peoples and all nations, to the end that every individual and every 

organ of society, keeping this Declaration constantly in mind, shall strive by teaching and 

education to promote respect for these rights and freedoms and by progressive measures, 

national and international, to secure their universal and effective recognition and 

observance, both among the peoples of Member States themselves and among the 

peoples of territories under their jurisdiction. 

90
Article 1 

All human beings are born free and equal in dignity and rights. They are endowed with 

reason and conscience and should act towards one another in a spirit of brotherhood. 

Article 2 

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without 

distinction of any kind, such as race, colour, sex, language, religion, political or other 

opinion, national or social origin, property, birth or other status. 

Furthermore, no distinction shall be made on the basis of the political, jurisdictional or 

international status of the country or territory to which a person belongs, whether it be 

independent, trust, non-self-governing or under any other limitation of sovereignty. 

Article 3 

Everyone has the right to life, liberty and security of person. 

Article 4 

No one shall be held in slavery or servitude; slavery and the slave trade shall be 

prohibited in all their forms. 

Article 5 

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or 

punishment. 

Article 6 

Everyone has the right to recognition everywhere as a person before the law. 

Article 7 

All are equal before the law and are entitled without any discrimination to equal 

protection of the law. All are entitled to equal protection against any discrimination in 

violation of this Declaration and against any incitement to such discrimination. 

Article 8 

Everyone has the right to an effective remedy by the competent national tribunals for acts 

violating the fundamental rights granted him by the constitution or by law. 

Article 9 

No one shall be subjected to arbitrary arrest, detention or exile. 

Article 10 

Everyone is entitled in full equality to a fair and public hearing by an independent and 

impartial tribunal, in the determination of his rights and obligations and of any criminal 

charge against him. 

91
Article 11 

1. Everyone charged with a penal offence has the right to be presumed innocent until 

proved guilty according to law in a public trial at which he has had all the 

guarantees necessary for his defence. 

2. No one shall be held guilty of any penal offence on account of any act or omission 

which did not constitute a penal offence, under national or international law, at the 

time when it was committed. Nor shall a heavier penalty be imposed than the one 

that was applicable at the time the penal offence was committed. 

Article 12 

No one shall be subjected to arbitrary interference with his privacy, family, home or 

correspondence, nor to attacks upon his honour and reputation. Everyone has the right to 

the protection of the law against such interference or attacks. 

Article 13 

1. Everyone has the right to freedom of movement and residence within the borders of 

each State. 

2. Everyone has the right to leave any country, including his own, and to return to his 

country. 

Article 14 

1. Everyone has the right to seek and to enjoy in other countries asylum from 

persecution. 

2. This right may not be invoked in the case of prosecutions genuinely arising from 

non-political crimes or from acts contrary to the purposes and principles of the 

United Nations. 

Article 15 

1. Everyone has the right to a nationality. 

2. No one shall be arbitrarily deprived of his nationality nor denied the right to change 

his nationality. 

Article 16 

1. Men and women of full age, without any limitation due to race, nationality or 

religion, have the right to marry and to found a family. They are entitled to equal 

rights as to marriage, during marriage and at its dissolution. 

2. Marriage shall be entered into only with the free and full consent of the intending 

spouses. 

3. The family is the natural and fundamental group unit of society and is entitled to 

protection by society and the State. 

Article 17 

1. Everyone has the right to own property alone as well as in association with others. 

2. No one shall be arbitrarily deprived of his property. 

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Article 18 

Everyone has the right to freedom of thought, conscience and religion; this right includes 

freedom to change his religion or belief, and freedom, either alone or in community with 

others and in public or private, to manifest his religion or belief in teaching, practice, 

worship and observance. 

Article 19 

Everyone has the right to freedom of opinion and expression; this right includes freedom 

to hold opinions without interference and to seek, receive and impart information and 

ideas through any media and regardless of frontiers. 

Article 20 

1. Everyone has the right to freedom of peaceful assembly and association. 

2. No one may be compelled to belong to an association. 

Article 21 

1. Everyone has the right to take part in the government of his country, directly or 

through freely chosen representatives. 

2. Everyone has the right to equal access to public service in his country. 

3. The will of the people shall be the basis of the authority of government; this will 

shall be expressed in periodic and genuine elections which shall be by universal and 

equal suffrage and shall be held by secret vote or by equivalent free voting 

procedures. 

Article 22 

Everyone, as a member of society, has the right to social security and is entitled to 

realization, through national effort and international co-operation and in accordance with 

the organization and resources of each State, of the economic, social and cultural rights 

indispensable for his dignity and the free development of his personality. 

Article 23 

1. Everyone has the right to work, to free choice of employment, to just and 

favourable conditions of work and to protection against unemployment. 

2. Everyone, without any discrimination, has the right to equal pay for equal work. 

3. Everyone who works has the right to just and favourable remuneration ensuring for 

himself and his family an existence worthy of human dignity, and supplemented, if 

necessary, by other means of social protection. 

4. Everyone has the right to form and to join trade unions for the protection of his 

interests. 

Article 24 

Everyone has the right to rest and leisure, including reasonable limitation of working 

hours and periodic holidays with pay. 

93
Article 25 

1. Everyone has the right to a standard of living adequate for the health and well-being 

of himself and of his family, including food, clothing, housing and medical care and 

necessary social services, and the right to security in the event of unemployment, 

sickness, disability, widowhood, old age or other lack of livelihood in 

circumstances beyond his control. 

2. Motherhood and childhood are entitled to special care and assistance. All children, 

whether born in or out of wedlock, shall enjoy the same social protection. 

Article 26 

1. Everyone has the right to education. Education shall be free, at least in the 

elementary and fundamental stages. Elementary education shall be compulsory. 

Technical and professional education shall be made generally available and higher 

education shall be equally accessible to all on the basis of merit. 

2. Education shall be directed to the full development of the human personality and to 

the strengthening of respect for human rights and fundamental freedoms. It shall 

promote understanding, tolerance and friendship among all nations, racial or 

religious groups, and shall further the activities of the United Nations for the 

maintenance of peace. 

3. Parents have a prior right to choose the kind of education that shall be given to their 

children. 

Article 27 

1. Everyone has the right freely to participate in the cultural life of the community, to 

enjoy the arts and to share in scientific advancement and its benefits. 

2. Everyone has the right to the protection of the moral and material interests resulting 

from any scientific, literary or artistic production of which he is the author. 

Article 28 

Everyone is entitled to a social and international order in which the rights and freedoms 

set forth in this Declaration can be fully realized. 

Article 29 

1. Everyone has duties to the community in which alone the free and full development 

of his personality is possible. 

2. In the exercise of his rights and freedoms, everyone shall be subject only to such 

limitations as are determined by law solely for the purpose of securing due 

recognition and respect for the rights and freedoms of others and of meeting the just 

requirements of morality, public order and the general welfare in a democratic 

society. 

3. These rights and freedoms may in no case be exercised contrary to the purposes and 

principles of the United Nations. 

94
Article 30 

Nothing in this Declaration may be interpreted as implying for any State, group or person 

any right to engage in any activity or to perform any act aimed at the destruction of any 

of the rights and freedoms set forth herein. 

95
ii. International Covenant on Civil and Political Rights 1966 

UN Doc. A/6316 (1966) (select articles) 

Article 2 

1. Each State Party to the present Covenant undertakes to respect and to ensure to all 

individuals within its territory and subject to its jurisdiction the rights recognized in 

the present Covenant, without distinction of any kind, such as race, colour, sex, 

language, religion, political or other opinion, national or social origin, property, birth 

or other status. 

2. Where not already provided for by existing legislative or other measures, each State 

Party to the present Covenant undertakes to take the necessary steps, in accordance 

with its constitutional processes and with the provisions of the present Covenant, to 

adopt such laws or other measures as may be necessary to give effect to the rights 

recognized in the present Covenant. 

3. Each State Party to the present Covenant undertakes: 

(a) To ensure that any person whose rights or freedoms as herein recognized 

are violated shall have an effective remedy, notwithstanding that the 

violation has been committed by persons acting in an official capacity; 

(b) To ensure that any person claiming such a remedy shall have his right 

thereto determined by competent judicial, administrative or legislative 

authorities, or by any other competent authority provided for by the legal 

system of the State, and to develop the possibilities of judicial remedy; 

(c) To ensure that the competent authorities shall enforce such remedies when 

granted. 

Article 3 

The States Parties to the present Covenant undertake to ensure the equal right of men and 

women to the enjoyment of all civil and political rights set forth in the present Covenant. 

Article 4 

1. In time of public emergency which threatens the life of the nation and the existence of 

which is officially proclaimed, the States Parties to the present Covenant may take 

measures derogating from their obligations under the present Covenant to the extent 

strictly required by the exigencies of the situation, provided that such measures are 

not inconsistent with their other obligations under international law and do not 

involve discrimination solely on the ground of race, colour, sex, language, religion or 

social origin. 

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be 

made under this provision. 

3. Any State Party to the present Covenant availing itself of the right of derogation shall 

immediately inform the other States Parties to the present Covenant, through the 

intermediary of the Secretary-General of the United Nations, of the provisions from 

which it has derogated and of the reasons by which it was actuated. A further 

communication shall be made, through the same intermediary, on the date on which it 

terminates such derogation. 

96
Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group 

or person any right to engage in any activity or perform any act aimed at the 

destruction of any of the rights and freedoms recognized herein or at their limitation 

to a greater extent than is provided for in the present Covenant. 

2. There shall be no restriction upon or derogation from any of the fundamental human 

rights recognized or existing in any State Party to the present Covenant pursuant to 

law, conventions, regulations or custom on the pretext that the present Covenant does 

not recognize such rights or that it recognizes them to a lesser extent. 

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This 

right shall include freedom to have or to adopt a religion or belief of his choice, and 

freedom, either individually or in community with others and in public or private, to 

manifest his religion or belief in worship, observance, practice and teaching. 

2. No one shall be subject to coercion which would impair his freedom to have or to 

adopt a religion or belief of his choice. 

3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations 

as are prescribed by law and are necessary to protect public safety, order, health, or 

morals or the fundamental rights and freedoms of others. 4. The States Parties to the 

present Covenant undertake to have respect for the liberty of parents and, when 

applicable, legal guardians to ensure the religious and moral education of their 

children in conformity with their own convictions. 

Article 19 

1. Everyone shall have the right to hold opinions without interference. 

2. Everyone shall have the right to freedom of expression; this right shall include 

freedom to seek, receive and impart information and ideas of all kinds, regardless of 

frontiers, either orally, in writing or in print, in the form of art, or through any other 

media of his choice. 

3. The exercise of the rights provided for in paragraph 2 of this article carries with it 

special duties and responsibilities. It may therefore be subject to certain restrictions, 

but these shall only be such as are provided by law and are necessary: 

(a) For respect of the rights or reputations of others; 

(b) For the protection of national security or of public order (ordre public), or of 

public health or morals. 

Article 20 

1. Any propaganda for war shall be prohibited by law. 

2. Any advocacy of national, racial or religious hatred that constitutes incitement to 

discrimination, hostility or violence shall be prohibited by law. 

Article 21 

The right of peaceful assembly shall be recognized. No restrictions may be placed on the 

exercise of this right other than those imposed in conformity with the law and which are 

necessary in a democratic society in the interests of national security or public safety, 

97
public order (ordre public), the protection of public health or morals or the protection of 

the rights and freedoms of others. 

Article 22 

1. Everyone shall have the right to freedom of association with others, including the 

right to form and join trade unions for the protection of his interests. 

2. No restrictions may be placed on the exercise of this right other than those which are 

prescribed by law and which are necessary in a democratic society in the interests of 

national security or public safety, public order (ordre public), the protection of public 

health or morals or the protection of the rights and freedoms of others. This article 

shall not prevent the imposition of lawful restrictions on members of the armed forces 

and of the police in their exercise of this right. 

3. Nothing in this article shall authorize States Parties to the International Labour 

Organization Convention of 1948 concerning Freedom of Association and Protection 

of the Right to Organize to take legislative measures which would prejudice, or to 

apply the law in such a manner as to prejudice, the guarantees provided for in that 

Convention. 

Article 26 

All persons are equal before the law and are entitled without any discrimination to the 

equal protection of the law. In this respect, the law shall prohibit any discrimination and 

guarantee to all persons equal and effective protection against discrimination on any 

ground such as race, colour, sex, language, religion, political or other opinion, national or 

social origin, property, birth or other status. 

Article 27 

In those States in which ethnic, religious or linguistic minorities exist, persons belonging 

to such minorities shall not be denied the right, in community with the other members of 

their group, to enjoy their own culture, to profess and practice their own religion, or to 

use their own language. 

98
iii. UN Human Rights Committee, General Comment No. 22: 

The Right to Freedom of Thought, Conscience and Religion (ICCPR Art. 18) 1994 

UN Doc. CCPR/C/21/Rev.1/Add.4 

1. The right to freedom of thought, conscience and religion (which includes the freedom 

to hold beliefs) in article 18.1 is far-reaching and profound; it encompasses freedom of 

thought on all matters, personal conviction and the commitment to religion or belief, 

whether manifested individually or in community with others. The Committee draws the 

attention of States parties to the fact that the freedom of thought and the freedom of 

conscience are protected equally with the freedom of religion and belief. The 

fundamental character of these freedoms is also reflected in the fact that this provision 

cannot be derogated from, even in time of public emergency, as stated in article 4.2 of the 

Covenant. 

2. Article 18 protects theistic, non-theistic and atheistic beliefs, as well as the right not to 

profess any religion or belief. The terms “belief” and “religion” are to be broadly 

construed. Article 18 is not limited in its application to traditional religions or to religions 

and beliefs with institutional characteristics or practices analogous to those of traditional 

religions. The Committee therefore views with concern any tendency to discriminate 

against any religion or belief for any reason, including the fact that they are newly 

established, or represent religious minorities that may be the subject of hostility on the 

part of a predominant religious community. 

3. Article 18 distinguishes the freedom of thought, conscience, religion or belief from the 

freedom to manifest religion or belief. It does not permit any limitations whatsoever on 

the freedom of thought and conscience or on the freedom to have or adopt a religion or 

belief of one’s choice. These freedoms are protected unconditionally, as is the right of 

everyone to hold opinions without interference in article 19.1. In accordance with articles 

18.2 and 17, no one can be compelled to reveal his thoughts or adherence to a religion or 

belief. 

4. The freedom to manifest religion or belief may be exercised “either individually or in 

community with others and in public or private”. The freedom to manifest religion or 

belief in worship, observance, practice and teaching encompasses a broad range of acts. 

The concept of worship extends to ritual and ceremonial acts giving direct expression to 

belief, as well as various practices integral to such acts, including the building of places 

of worship, the use of ritual formulae and objects, the display of symbols, and the 

observance of holidays and days of rest. The observance and practice of religion or belief 

may include not only ceremonial acts but also such customs as the observance of dietary 

regulations, the wearing of distinctive clothing or headcoverings, participation in rituals 

associated with certain stages of life, and the use of a particular language customarily 

spoken by a group. In addition, the practice and teaching of religion or belief includes 

acts integral to the conduct by religious groups of their basic affairs, such as the freedom 

to choose their religious leaders, priests and teachers, the freedom to establish seminaries 

or religious schools and the freedom to prepare and distribute religious texts or 

publications. 

99
5. The Committee observes that the freedom to “have or to adopt” a religion or belief 

necessarily entails the freedom to choose a religion or belief, including the right to 

replace one’s current religion or belief with another or to adopt atheistic views, as well as 

the right to retain one’s religion or belief. Article 18.2 bars coercion that would impair 

the right to have or adopt a religion or belief, including the use of threat of physical force 

or penal sanctions to compel believers or non-believers to adhere to their religious beliefs 

and congregations, to recant their religion or belief or to convert. Policies or practices 

having the same intention or effect, such as, for example, those restricting access to 

education, medical care, employment or the rights guaranteed by article 25 and other 

provisions of the Covenant, are similarly inconsistent with article 18.2. The same 

protection is enjoyed by holders of all beliefs of a non-religious nature. 

6. The Committee is of the view that article 18.4 permits public school instruction in 

subjects such as the general history of religions and ethics if it is given in a neutral and 

objective way. The liberty of parents or legal guardians to ensure that their children 

receive a religious and moral education in conformity with their own convictions, set 

forth in article 18.4, is related to the guarantees of the freedom to teach a religion or 

belief stated in article 18.1. The Committee notes that public education that includes 

instruction in a particular religion or belief is inconsistent with article 18.4 unless 

provision is made for non-discriminatory exemptions or alternatives that would 

accommodate the wishes of parents and guardians. 

7. In accordance with article 20, no manifestation of religion or belief may amount to 

propaganda for war or advocacy of national, racial or religious hatred that constitutes 

incitement to discrimination, hostility or violence. As stated by the Committee in its 

General Comment 11 [19], States parties are under the obligation to enact laws to 

prohibit such acts. 

8. Article 18.3 permits restrictions on the freedom to manifest religion or belief only if 

limitations are prescribed by law and are necessary to protect public safety, order, health 

or morals, or the fundamental rights and freedoms of others. The freedom from coercion 

to have or to adopt a religion or belief and the liberty of parents and guardians to ensure 

religious and moral education cannot be restricted. In interpreting the scope of 

permissible limitation clauses, States parties should proceed from the need to protect the 

rights guaranteed under the Covenant, including the right to equality and nondiscrimination on all grounds specified in articles 2, 3 and 26. Limitations imposed must 

be established by law and must not be applied in a manner that would vitiate the rights 

guaranteed in article 18. The Committee observes that paragraph 3 of article 18 is to be 

strictly interpreted: restrictions are not allowed on grounds not specified there, even if 

they would be allowed as restrictions to other rights protected in the Covenant, such as 

national security. Limitations may be applied only for those purposes for which they were 

prescribed and must be directly related and proportionate to the specific need on which 

they are predicated. Restrictions may not be imposed for discriminatory purposes or 

applied in a discriminatory manner. The Committee observes that the concept of morals 

derives from many social, philosophical and religious traditions; consequently, 

100
limitations on the freedom to manifest a religion or belief for the purpose of protecting 

morals must be based on principles not deriving exclusively from a single tradition. 

Persons already subject to certain legitimate constraints, such as prisoners, continue to 

enjoy their rights to manifest their religion or belief to the fullest extent compatible with 

the specific nature of the constraint. States parties’ reports should provide information on 

the full scope and effects of limitations under article 18.3, both as a matter of law and of 

their application in specific circumstances. 

9. The fact that a religion is recognized as a state religion or that it is established as 

official or traditional or that its followers comprise the majority of the population, shall 

not result in any impairment of the enjoyment of any of the rights under the Covenant, 

including articles 18 and 27, nor in any discrimination against adherents to other religions 

or non-believers. In particular, certain measures discriminating against the latter, such as 

measures restricting eligibility for government service to members of the predominant 

religion or giving economic privileges to them or imposing special restrictions on the 

practice of other faiths, are not in accordance with the prohibition of discrimination based 

on religion or belief and the guarantee of equal protection under article 26. The measures 

contemplated by article 20, paragraph 2 of the Covenant constitute important safeguards 

against infringement of the rights of religious minorities and of other religious groups to 

exercise the rights guaranteed by articles 18 and 27, and against acts of violence or 

persecution directed towards those groups. The Committee wishes to be informed of 

measures taken by States parties concerned to protect the practices of all religions or 

beliefs from infringement and to protect their followers from discrimination. Similarly, 

information as to respect for the rights of religious minorities under article 27 is 

necessary for the Committee to assess the extent to which the right to freedom of thought, 

conscience, religion and belief has been implemented by States parties. States parties 

concerned should also include in their reports information relating to practices considered 

by their laws and jurisprudence to be punishable as blasphemous. 

10. If a set of beliefs is treated as official ideology in constitutions, statutes, 

proclamations of ruling parties, etc., or in actual practice, this shall not result in any 

impairment of the freedoms under article 18 or any other rights recognized under the 

Covenant nor in any discrimination against persons who do not accept the official 

ideology or who oppose it. 

11. Many individuals have claimed the right to refuse to perform military service 

(conscientious objection) on the basis that such right derives from their freedoms under 

article 18. In response to such claims, a growing number of States have in their laws 

exempted from compulsory military service citizens who genuinely hold religious or 

other beliefs that forbid the performance of military service and replaced it with 

alternative national service. The Covenant does not explicitly refer to a right to 

conscientious objection, but the Committee believes that such a right can be derived from 

article 18, inasmuch as the obligation to use lethal force may seriously conflict with the 

freedom of conscience and the right to manifest one’s religion or belief. When this right 

is recognized by law or practice, there shall be no differentiation among conscientious 

objectors on the basis of the nature of their particular beliefs; likewise, there shall be no 

101
discrimination against conscientious objectors because they have failed to perform 

military service. The Committee invites States parties to report on the conditions under 

which persons can be exempted from military service on the basis of their rights under 

article 18 and on the nature and length of alternative national service. 

102
iv. UN Declaration on the Elimination of All Forms of Intolerance and Discrimination 

Based on Religion or Belief 1981 

UN Doc. A/36/684 

Considering that one of the basic principles of the Charter of the United Nations is that of 

the dignity and equality inherent in all human beings, and that all Member States have 

pledged themselves to take joint and separate action in co-operation with the 

Organization to promote and encourage universal respect for the observance of human 

rights and fundamental freedoms for all, without distinction as to race, sex, language or 

religion, 

Considering that the Universal Declaration on Human Rights [General Assembly 

Resolution 217A (III)] and the International Covenants on Human Rights [General 

Assembly Resolution 2200A (XXI)] proclaim the principles of non-discrimination and 

equality before the law and the right to freedom of thought, conscience, religion and 

belief, 

Considering that the disregard and infringement of human rights and fundamental 

freedoms, in particular of the right to freedom of thought, conscience, religion or 

whatever belief, have brought, directly or indirectly, wars and great suffering to mankind, 

especially where they serve as a means of foreign interference in the internal affairs of 

other States and amount to kindling hatred between peoples and nations, 

Considering that religion or belief, for anyone who professes either, is one of the 

fundamental elements in his conception of life and that freedom of religion or belief 

should be fully respected and guaranteed, 

Considering that it is essential to promote understanding, tolerance and respect in matters 

relating to freedom of religion and belief to ensure that the use of religion or belief for 

ends inconsistent with the Charter, other relevant instruments of the United Nations and 

the purposes and principles of the present Declaration is inadmissible, 

Convinced that freedom of religion and belief should also contribute to the attainment of 

the goals of world peace, social justice and friendship among peoples and to the 

elimination of ideologies or practices of colonialism and racial discrimination, 

Noting with satisfaction the adoption of several, and the coming force of some, 

conventions, under the aegis of the United Nations and of the specialized agencies, for 

the elimination of various forms of discrimination, 

Concerned by manifestations of intolerance and by the existence of discrimination in 

matters of religion or belief still in evidence in some areas of the world, 

Resolved to adopt all necessary measures for the speedy elimination of such intolerance 

in all its forms and manifestations and to prevent and combat discrimination on the 

grounds of religion of belief, 

103
Proclaims this Declaration on the Elimination of All Forms of Intolerance and of 

Discrimination Based on Religion or Belief: 

Article 1

1. Everyone shall have the right to freedom of thought, conscience and religion. This 

right shall include freedom to have a religion or whatever belief of his choice, and 

freedom, either individually or in community with others, and in public or private, to 

manifest his religion or belief in worship, observance, practice and teaching. 

2. No one shall be subject to coercion which would impair his freedom to have a 

religion or belief of his choice. 

3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations 

as are prescribed by law and are necessary to protect public safety, order, health or 

morals or the fundamental rights and freedoms of others. 

Article 2

1. No one shall be subject to discrimination by any State, institution, group of persons or 

person on the grounds of religion or other beliefs. 

2. For the purposes of the present Declaration, the expression “intolerance and 

discrimination based on religion or belief” means any distinction, exclusion, 

restriction or preference based on religion or belief and having as its purpose or as its 

effect nullification or impairment of the recognition, enjoyment or exercise of human 

rights and fundamental freedoms on an equal basis. 

Article 3

Discrimination between human beings on the grounds of religion or belief constitutes an 

affront to human dignity and a disavowal of the principles of the Charter of the United 

Nations, and shall be condemned as a violation of the human rights and fundamental 

freedoms proclaimed in the Universal Declaration on Human Rights and enunciated in 

detail in the International Covenants on Human Rights, and as an obstacle to friendly and 

peaceful relations between nations. 

Article 4

1. All States shall take effective measures to prevent and eliminate discrimination on the 

grounds of religion or belief in the recognition, exercise and enjoyment of human 

rights and fundamental freedoms in all fields of civil, economic, political, social and 

cultural life. 

2. All States shall make all efforts to enact or rescind legislation where necessary to 

prohibit any such discrimination, and take all appropriate measures to combat 

intolerance on the grounds of religion or other beliefs in this matter. 

Article 5

1. The parents or, as the case may be, the legal guardians of the child have the right to 

organize the life within the family in accordance with their religion or belief and 

bearing in mind the moral education in which they believe the child should be 

brought up. 

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2. Every child shall enjoy the right to have access to education in the matter of religion 

or belief in accordance with the wishes of his parents or legal guardians, the best 

interests of the child being the guiding principle. 

3. The child shall be protected from any form of discrimination on the grounds of 

religion or belief. He shall be brought up in a spirit of understanding, tolerance, 

friendship among peoples, peace and universal brotherhood, respect for freedom of 

religion or belief of others, and in full consciousness that his energy and talents 

should be devoted to the service of his fellow men. 

4. In the case of a child who is not under the care either of his parents or of legal 

guardians, due account shall be taken of their expressed wishes or of any other proof 

of their wishes in the matter of religion or belief, the best interests of the child being 

the guiding principle. 

5. Practices of a religion or beliefs in which a child is brought up must not be injurious 

to his physical or mental health or to his full development, taking into account article 

1, paragraph 3, of the present Declaration. 

Article 6

In accordance with article 1 of the present Declaration, and subject to the provisions of 

article 1, paragraph 3, the right to freedom of thought, conscience, religion or belief shall 

include, inter alia, the following freedoms: 

(a) To worship or assemble in connection with a religion or belief, and to 

establish and maintain places for these purposes; 

(b) To establish and maintain appropriate charitable or humanitarian 

institutions; 

(c) To make, acquire and use to an adequate extent the necessary articles and 

materials related to the rites or customs of a religion or belief; 

(d) To write, issue and disseminate relevant publications in these areas; 

(e) To teach a religion or belief in places suitable for these purposes; 

(f) To solicit and receive voluntary financial and other contributions from 

individuals and institutions; 

(g) To train, appoint, elect or designate by succession appropriate leaders 

called for by the requirements and standards of any religion or belief; 

(h) To observe days of rest and to celebrate holidays and ceremonies in 

accordance with the precepts of one’s religion or belief; 

(i) To establish and maintain communications with individuals and 

communities in matters of religion and belief at the national and 

international levels. 

Article 7

The rights and freedoms set forth in the present Declaration shall be accorded in national 

legislations in such a manner that everyone shall be able to avail himself of such rights 

and freedoms in practice. 

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Article 8

Nothing in the present Declaration shall be construed as restricting or derogating from 

any right defined in the Universal Declaration on Human Rights and the International 

Covenants on Human Rights. 

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v. Vienna Concluding Document of the Organization for Security and Cooperation in 

Europe (OSCE) 1986 

[The following predominantly Muslim countries are members of the OSCE: Albania, 

Azerbaijan, Kyrgyzstan, Tajikistan, Turkey, Turkmenistan, and Uzbekistan. OSCE 

Mediterranean Partners and Partners for Cooperation include Algeria, Egypt, Jordan, 

Lebanon, Libya, Morocco, Syria and Tunisia.] 

Principles 

(16) In order to ensure the freedom of the individual to profess and practice religion or 

belief, the participating States will, inter alia, 

(16.1) take effective measures to prevent and eliminate discrimination against individuals 

or communities on the grounds of religion or belief in the recognition, exercise and 

enjoyment of human rights and fundamental freedoms in all fields of civil, political, 

economic, social and cultural life, and to ensure the effective equality between believers 

and non-believers; 

(16.2) foster a climate of mutual tolerance and respect between believers of different 

communities as well as between believers and non-believers; 

(16.3) grant upon their request to communities of believers, practicing or prepared to 

practice their faith within the constitutional framework of their States, recognition of the 

status provided for them in their respective countries; 

(16.4) respect the right of these religious communities to 

- establish and maintain freely accessible places of worship or assembly, 

- organize themselves according to their own hierarchical and institutional 

structure, 

- select, appoint and replace their personnel in accordance with their 

respective requirements and standards as well as with any freely accepted 

arrangement between them and their State, 

- solicit and receive voluntary financial and other contributions; 

(16.5) engage in consultations with religious faiths, institutions and organizations in order 

to achieve a better understanding of the requirements of religious freedom; 

(16.6) respect the right of everyone to give and receive religious education in the 

language of his choice, whether individually or in association with others; 

(16.7) in this context respect, inter alia, the liberty of parents to ensure the religious and 

moral education of their children in conformity with their own convictions; 

(16.8) allow the training of religious personnel in appropriate institutions; 

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(16.9) respect the right of individual believers and communities of believers to acquire, 

possess, and use sacred books, religious publications in the language of their choice and 

other articles and materials related to the practice of religion or belief, 

(16.10) allow religious faiths, institutions and organizations to produce, import and 

disseminate religious publications and materials; 

(16.11) favourably consider the interest of religious communities to participate in public 

dialogue, including through the mass media. 

(17) The participating States recognize that the exercise of the above-mentioned rights 

relating to the freedom of religion or belief may be subject only to such limitations as are 

provided by law and consistent with their obligations under international law and with 

their international commitments. They will ensure in their laws and regulations and in 

their application the full and effective exercise of the freedom of thought, conscience, 

religion or belief. 

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F. About the U.S. Commission on International Religious Freedom 

The U.S. Commission on International Religious Freedom (USCIRF) is an independent 

federal commission created by the International Religious Freedom Act of 1998 (IRFA) 

(Public Law 105-292) to monitor the status of freedom of thought, conscience, and 

religion or belief abroad, as defined in the Universal Declaration of Human Rights and 

related international instruments, and to give independent recommendations to the 

Secretary of State and Congress. The Commission is the first government commission in 

the world with a mandate to review and report on violations of the internationallyguaranteed right to freedom of religion or belief worldwide. By publicly providing 

reliable information, analysis, and creative and responsible policy recommendations, the 

Commission gives the U.S. government and the American people the tools necessary to 

advance religious freedom and related human rights. 

The Commission is composed of ten members. Three are appointed by the President. 

Three are appointed by the President pro tempore of the Senate, of which two are 

appointed upon the recommendation of the Senate Minority Leader. Three are appointed 

by the Speaker of the House of Representatives, of which two are appointed upon the 

recommendation of the House Minority Leader. The system of appointments thus 

provides that leaders of the party in the White House appoint five voting members, and 

leaders of the other party appoint four. The Ambassador-at-Large for International 

Religious Freedom serves ex officio as a non-voting member. Commissioners bring a 

wealth of expertise and experience in foreign affairs, human rights, religious freedom, 

and international law; the membership also reflects the religious diversity of the United 

States. 

In carrying out its mandate, the Commission reviews information on violations of 

religious freedom as presented in the Department of State’s Country Reports on Human 

Rights Practices and its Annual Report on International Religious Freedom. The 

Commission also consults regularly with representatives of religious communities and 

institutions, human rights groups, other non-governmental organizations, academics and 

other policy experts, as well as the intelligence community and other U.S. government 

agencies. It also visits foreign countries to examine religious freedom conditions 

firsthand. The Commission holds public hearings, taking testimony from expert 

witnesses, victims of religious freedom violations, and U.S. government officials. 

The Commission meets with the President and senior Administration officials, including 

the Secretary of State and the National Security Advisor, to discuss its findings and 

recommendations. The Commission also briefs Members of Congress, U.S. 

Ambassadors, and officials from international organizations and foreign countries. In 

addition, the Commission testifies before Congress, participates with U.S. delegations to 

international meetings and conferences, helps provide training to Foreign Service officers 

and other U.S. officials, and advises the Administration and Members of Congress and 

their staff on executive and legislative initiatives. 

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The Commission also raises issues and brings its findings and recommendations to the 

American public, through its public speaking activities, other public events such as 

roundtables and briefings, media outreach, and its publications and Web site. 

Commissioners reside throughout the United States, and the Commission has traveled 

around the country to hold public hearings, public meetings, and other activities to inform 

the American people of its work. 

The Commission’s website is available at http://www.uscirf.gov/. 

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