MAXPLANCKINSTITUTE FORCOMPARATIVEPUBLICLAW ANDINTERNATIONALLAW Directors: Professor Dr. Armin von Bogdandy Professor Dr. Dr. h.c.

Rdiger Wolfrum

Max Planck Materials On the Relation between Islamic Law and Constitutional Law in Selected Countries

1st Edition (January 2010)

Materials on the Relation between Islamic and Constitutional Law 1st edition MPIL 2010

Materials on the Relation between Islamic and Constitutional Law 1st edition MPIL 2010

MAXPLANCKINSTITUTE FORCOMPARATIVEPUBLICLAW ANDINTERNATIONALLAW Directors: Professor Dr. Armin von Bogdandy Professor Dr. Dr. h.c. Rdiger Wolfrum

Max Planck Materials On the Relation between Islamic Law and Constitutional Law in Selected Countries

1st Edition (January 2010)

Materials on the Relation between Islamic and Constitutional Law 1st edition MPIL 2010

2010 Max Planck Institute for Comparative Public Law and International Law (MPIL), Heidelberg, Germany. All rights reserved. This manual has been written by MPIL staff members. It relies upon contributions by (in alphabetical order) Tarek Azizy, Tilmann Rder and others. The manual has been produced for the MPIL Project Supporting the ConstitutionBuilding Process in Somalia, funded by the German Foreign Office.

Materials on the Relation between Islamic and Constitutional Law 1st edition MPIL 2010

OVERVIEW: RELATION BETWEEN SHARIA AND CONSTITUTIONAL LAW

Purpose: MPIL Sharia Conference, Djibouti

Table of Contents:

NORTH & EAST AFRICA ................................................................................................................... 6 1. Somaliland........................................................................................................................................... 6 2. Puntland .............................................................................................................................................. 8 3. Sudan ................................................................................................................................................. 10 4. Egypt.................................................................................................................................................. 11 MIDDLE EAST .................................................................................................................................... 12 5. Iraq .................................................................................................................................................... 12 6. United Arab Emirates ...................................................................................................................... 14 7. Saudi-Arabia ..................................................................................................................................... 16 CENTRAL AND SOUTH ASIA ......................................................................................................... 18 8. Afghanistan ....................................................................................................................................... 18 9. Iran .................................................................................................................................................... 19 10. Malaysia .......................................................................................................................................... 22 11. Pakistan ........................................................................................................................................... 25

Materials on the Relation between Islamic and Constitutional Law 1st edition MPIL 2010

NORTH & EAST AFRICA

1. Somaliland a) Relevant Provisions Preamble Aware (...) that the Constitution was based on the following issues: a. The Islamic Sharia; b. Conclusions from the various consultations; (...) 1. Islam is the religion of the Somaliland state, and the promotion of any religion in the territory of Somaliland, other than Islam, is prohibited. 2. The laws of the nation shall be grounded on and shall not be contrary to Islamic Sharia. 3. The state shall promote religious tenets (religious affairs) and shall fulfill Sharia principles and discourage immoral acts and reprehensible behavior. 4. The calendar shall be the Islamic Calendar based on the Hijra, and the Gregorian Calendar Art. 10
2. The Republic of Somaliland recognizes and shall act in conformity with the United Nations Charter and with international law, and shall respect the Universal Declaration of Human Rights. 7. The payment of Zakat is a cornerstone of Islam, and its administration shall be determined by law. 3. The learning of and training in the Islamic religion is a fundamental path and shall be compulsory at all levels of education. At the same time, the promotion of Quranic schools is the responsibility of the state. 1. Every person shall have the right to freedom of belief, and shall not be compelled to adopt another belief. Islamic Sharia does not accept that a Muslim person can renounce his beliefs. 1. The rights, freedoms and duties laid down in the Constitution are to be enjoyed equally by men and women save for matters which are specifically ordained in Islamic Sharia. 2. The Government shall encourage, and shall legislate for, the right of women to be free of practices which are contrary to Sharia and which are injurious to their person and dignity. (...) Art. 115 The Ulema Council is independent and shall have the responsibility of: 1. Formulating formal declarations on: a) religious disagreements that may arise; and b) any matters in which there is a conflict as to whether they are contrary to the Sharia, or appear to the Council as being contrary to the Sharia. The Council shall forward their declarations to

Art. 5

Art. 12

Art. 15

Art. 33

Art. 36

Materials on the Relation between Islamic and Constitutional Law 1st edition MPIL 2010

the offices which have requested the declarations or to the Constitutional Court, as they deem fit. 2. Undertaking research of all kinds from a religious perspective and, particularly, in a way which advances scientific and religious knowledge. (Also, they shall) review, and validate translated religious Sharia works, and specially those (prior to their acceptance legally) which the courts rely on in their rulings and those which are included in the educational syllabus and relate to religious traditions and knowledge.

Art. 128 b) Remarks

1. The Constitution shall be based on Islamic principles.

Islam in state title: (-) Islam as state religion: (+) see Art. 5 No. 1; freedom of religion: Art. 33.1. Sharia as source of legislation (incl. applicability of international law): see Art. 5 No. 2, at the same time Somaliland shall act in conformity with international Law (Art. 10 No. 2) Sharia as basis of judicial decisions: Any conflict of whether a certain matter is in harmony with Sharia should be decided by the Ulema council (Art. 115 No 1 b). Sharia limits President when pardoning etc. (Art. 90.5.) According to Art. 130.5., All the laws which were current and which did not conflict with the Islamic Sharia, individual rights and fundamental freedoms shall remain in force in the country of the Republic of Somaliland until the promulgation of laws which are in accord with the Constitution of the Republic of Somaliland. Role of Ulema: Art. 115 Personal status law & womens rights: Art. 5.2.; Art. 36 Islam as condition for attaining office of state official judge etc.: Members of Parliament must be Muslims (Art. 41 No. 1); the same applies to President and Vice Presidents (Art. 82 No. 2); the Chairman of the Supreme Court shall take the oath that he swears by Allah to be true to the religion of Islam (Art. 129). Islam/Sharia mentioned in eternity clause: Art. 127 for Principles of Islamic Sharia Other remarks (education; financial constitutional law; etc.): Alms: (Art. 12 No. 7) Islamic education: Art. 15 No. 3 Literature, the arts, and indigenous sports shall be specially encouraged whilst Islamic behavior is observed. (Art. 16.3.)

Materials on the Relation between Islamic and Constitutional Law 1st edition MPIL 2010

2. Puntland a) Relevant Provisions Preamble: Art. 6 () The new Constitution of Puntland is based on the following: Islamic Sharia () Islam shall be the only religion of Puntland State of Somalia. No any other religion can be propagated in Puntland State, while the Islamic Religion and the traditions of the people of Puntland are the bases of law. 3. Puntland Regional Government recognizes and applies the UN Charter and the International Laws and respects the International Appeals for human rights, not contrasting the Islamic Sharia and Puntland Laws. 1. No one can be forced to a faith; different from his/her believes. 2. The Muslim person does not have the right to convert from the Islamic faith. Art. 32 3. All forms of personal liberty shall be in conformity with the Islamic Sharia, Law, moral dignity, national stability or the personal rights of the others. () 1. The functions of Constitutional Court are to decide only the constitutionality of the laws and acts thereof. 2. The law conflicts between Islamic Sharia and Secular Laws () 3.b. Harmonization of Secular Laws and Islamic Sharia Law. () b) Remarks Islam in state title: (-) Islam as state religion: (+) See Arts. 6; 24 Sharia as source of legislation (incl. applicability of international law): See Preamble; Art. 11 No. 3; Art. 32 No. 3 (limitation of constitutional rights) Sharia as basis of judicial decisions: See Art. 75 No. 2, 3b; judges of court of appeal must have a law degree or equivalent knowledge of Islamic Sharia (Art. 69 No. 5); the same applies to judges at the constitutional Court (Art. 76 No. 2) (a typical condition in Islamic states). The Constitutional Court has the duty to decide upon conflicts between Sharia and secular law, and to harmonize these sources (Art. 75). Role of Ulema: (-) Personal status law & womens rights: No provisions in the constitution. Womens rights are recognized, but however, according to Art. 18 No 1, This Constitution ensures the womens rights of independence, socio-economic and political rights that is not forbidden in the Islamic Sharia. 8

Art. 11

Art. 24

Art. 75

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Islam as condition for attaining office of state official judge etc.: The constitution does not prescribe that the president must be Muslim, however safeguarding Islam is among the duties of the President (Art. 54 No. 10) and oath for all officials begins In the name of Allah, I swear that I will respect the Islamic Religion, ... (Art. 97). Islam/Sharia mentioned in eternity clause: (-) Other remarks (education; financial constitutional law; etc.): Every citizen is obliged to safeguard the principles of Islam (Art. 38.2). Education at Quranic schools is recognized as equivalent to other forms of education (Art. 22.3). Strike and Gathering: Reunions and manifestation shall be called off when they are against the principle of Islam, the public health, national security and stability, moral dignity and the public system. (Art. 37.2)

Materials on the Relation between Islamic and Constitutional Law 1st edition MPIL 2010

3. Sudan a) Relevant Provisions Art. 5 I Nationally enacted legislation having effect only in respect of the Northern states of the Sudan shall have as its sources of legislation Islamic Sharia and the consensus of the people. The Sudan is an all embracing homeland where religions and cultures are sources of strength, harmony and inspiration.

Art. 1 III

b) Remarks Islam in state title: (-) Islam as state religion: one among others see Art. 1 III Sharia as source of legislation (incl. applicability of international law): only in the North, see Art. 5 I Sharia as basis of judicial decisions: The constitution recognizes Sharia as a long established principle, however, it is mentioned negatively in the constitution (Art. 156 d) since Non-Muslims shall not be a subject of Sharia jurisprudence. Role of Ulema: (-) Personal status law & womens rights: (-) Islam as condition for attaining office of state official judge etc.: No provision, but since Islam is one religion among others there cannot be the condition that only Muslims are allowed to hold certain offices. Islam/Sharia mentioned in eternity clause: (-) Other remarks (education; financial constitutional law; etc.): A dual Banking system shall be established that consists one Islamic banking system (...); the National Bank shall also adopt an Islamic and a conventional Bank (Art. 201). In the Northern states laws shall regulate the collection of Zakat (Islamic Tax) (Art. 20.2).

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4. Egypt a) Relevant Provisions Art. 2 Art. 11 Islam is the religion of the State (...). Islamic law (Sharia) is the principal source of legislation. The State shall guarantee the proper coordination between the duties of woman towards the family and her work in the society, considering her equal status with man in the fields of political, social, cultural and economic life without violation of the rules of Islamic jurisprudence.

b) Remarks Islam in state title: (-) Islam as state religion: (+) see Art. 2 I Sharia as source of legislation (incl. applicability of international law): (+) see Art. 2 II; International treaties have the force of law after ratification and publication (Art.151 II). Sharia as basis of judicial decisions: No provision (indirectly through Art. 2) Role of Ulema: (-) Personal status law & womens rights: Art. 11 Islam as condition for attaining office of state official judge etc.: (-) Islam/Sharia mentioned in eternity clause: (-) Other remarks (education; financial constitutional law; etc.): (-)

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MIDDLE EAST

5. Iraq a) Relevant Provisions Art. 2 (1) Islam is the official religion of the State and it is a fundamental source of legislation: A. No law that contradicts the established provisions of Islam may be established. B. No law that contradicts the principles of democracy may be established. C. No law that contradicts the rights and basic freedoms stipulated in this Constitution may be established. (2) This Constitution guarantees the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights of all individuals to freedom of religious belief and practice such as Christians, Yazedis, and Mandi Sabeans. Art. 89 Art. 40 Art. 58 The Federal Supreme Court shall be made up of a number of judges who are experts in Islamic jurisprudence and the law () Each individual has freedom of thought, conscience and belief. (4) A law shall regulate the ratification of international treaties and agreements by a two-thirds (2/3) majority of the members of the Council of Representatives.

b) Remarks Islam in state title: (-) Islam as state religion: (+) see Art. 2 I; freedom of belief is guaranteed (Art. 40); no prohibition to change religion mentioned. Sharia as source of legislation (incl. applicability of international law): Sharia is not a source of legislation since there is no provision prescribing so, international law and treaties on the other hand is mentioned in the constitution, see Art. 58 (4). In other places (e.g. Art. 8) is mentioned that Iraq shall fulfill its international obligations. Sharia as basis of judicial decisions: Not mentioned (but see personal status). Role of Ulema: (-) Personal status law & womens rights: In the Iraqi Kurdistan Region, disputes concerning personal status issues may be resolved within the different religious communities according to their traditions and beliefs. In the rest of the country, these cases must be resolved by courts on the basis of state legislation. Islam as condition for attaining office of state official judge etc.: (-) 12

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Islam/Sharia mentioned in eternity clause: No, but Art. 2 may not be changed during the first two successive electoral terms (afterwards under general conditions for constitutional amendments incl. referendum), Art. 122. Other remarks (education; financial constitutional law; etc.): (-)

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6. United Arab Emirates a) Relevant Provisions Art. 7 Islam shall be the official religion of the Union. The Islamic Sharia shall be a principal source of legislation in the Union. (...) The foreign policy of the Union shall be directed towards support for Arab and Islamic causes and interests and towards the consolidation of the ties of friendship and co-operation with all nations and peoples on the basis of the principles of the Charter of the United Nations and ideal international standards. All persons shall be equal before the law. No discrimination shall be practiced between citizens of the Union by reason of race, nationality, religious belief or social position. Foreigners shall enjoy, within the Union, the rights and freedoms stipulated in international charters which are in force, or in treaties and agreements to which the Union is party. They shall be subject to the equivalent obligations.

Art. 12

Art. 25

Art. 40

Art. 47 No. 4 The Supreme Council of the Union shall be responsible for the following matters: The ratification of treaties and international agreements. Such ratification shall be accomplished by decree.

b) Remarks Islam in state title: (-) Islam as state religion: (+) see Art. 7; for foreigners see Art. 40. Sharia as source of legislation (incl. applicability of international law): (+) see Art. 7; for international treaties see 40 and 47 No. 4. The Governments of the Emirates are responsible for the implementation international agreements concluded (Art. 125) under the supervision of the Council of Ministers (Art. 60.7). Sharia as basis of judicial decisions: (+) see Art. 7 (arg.: principle source or legislation). Role of Ulema: not mentioned. Personal status law & womens rights: All Persons are equal according to Art. 25 S. 1, on the other hand, gender is not listed in Art. 25 S. 2 as direct discrimination which is absolutely prohibited and Sharia is the principle source or legislation (Art. 7). Islam as condition for attaining office of state official judge etc.: No provisions in the constitution. Islam/Sharia mentioned in eternity clause: (-) 14

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Other remarks (education; financial constitutional law; etc.): (-)

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7. Saudi-Arabia Note: Saudi-Arabia has no constitution in the very sense but a basic law. a) Relevant Provisions Art. 1 The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion; God's Book and the Sunna of His Prophet, God's prayers and peace be upon him, are its constitution, Arabic is its language and Riyadh is its capital. Government in Saudi Arabia derives power from the Holy Koran and the Prophet's tradition. Government in the Kingdom of Saudi Arabia is based on the premise of justice, consultation, and equality in accordance with the Islamic Sharia. The state protects Islam; it implements its Sharia; it orders people to do right and shun evil; it fulfills the duty regarding God's call. The state protects human rights in accordance with the Islamic Sharia. The source of the deliverance of fatwa in the Kingdom of Saudi Arabia are God's Book and the Sunnah of His Messenger. The law will define the composition of the senior Ulema body, the administration of scientific research, deliverance of fatwa and it's (the body of senior Ulemas) functions. The judiciary is an independent authority. There is no control over judges in the dispensation of their judgments except in the case of the Islamic Sharia. The courts will apply the rules of the Islamic Sharia in the cases that are brought before them, in accordance with what is indicated in the Book and the Sunnah, and statutes decreed by the Ruler which do not contradict the Book or the Sunnah. The King carries out the policy of the nation, a legitimate policy in accordance with the provisions of Islam; the King oversees the implementation of the Islamic Sharia, ().

Art. 7 Art. 8

Art. 23 Art. 26 Art. 45

Art. 46

Art. 48

Art. 55

b) Remarks Islam in state title: (-) Islam as state religion: (+) see Art. 1

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Sharia as source of legislation (incl. applicability of international law): Quran is the constitution (Art. 1), international treaties are approved and amended by a royal decree (Art. 70), in respect to application of the decree see Art. 48. Sharia as basis of judicial decisions: (+) see Art. 46 and Art. 48; Ulema deliver opinions on Islamic law (Art. 45) Role of Ulema: Art. 45 Personal status law & womens rights: Sharia is the basis of all judicial decisions which includes personal status cases; the basic law further states that (family) members shall be brought up on the basis of the Islamic faith (...) (Art. 9); and The state will aspire to strengthen family ties, maintain its Arab and Islamic values and care for all its members (Art. 10). Islam as condition for attaining office of state official judge etc.: Even though there is no provision in the constitution that prescribes that any high official must be Muslim, but however it is not imaginable that in a state which has the Quran as its constitution any official can be a Non-Muslim. Islam/Sharia mentioned in eternity clause: Art. Other remarks (education; financial constitutional law; etc.): Education aims at instilling the Islamic faith in the younger generation (...), Art. 13. Citizens must pay allegiance to the King in accordance with Quran (Art. 6) The armed forces have the function to protect the Islamic religion, the two Holy Sites, society, and the citizens (Art. 33)

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CENTRAL AND SOUTH ASIA

8. Afghanistan a) Relevant Provisions Art. 1 Art. 2 Afghanistan is an Islamic Republic () (1) The religion of the state of the Islamic Republic of Afghanistan is the sacred religion of Islam. (2) Followers of other religions are free to exercise their faith and perform their religious rites within the limits of the provisions of law. Art. 3 Art. 7 I In Afghanistan, no law can be contrary to the beliefs and provisions of the sacred religion of Islam. The state shall abide by the UN charter, international treaties, international conventions that Afghanistan has signed, and the Universal Declaration of Human Rights. The courts shall apply the provisions of this Constitution as well as other laws while adjudicating cases. When there is no provision in the Constitution or other laws for a case under consideration, the courts shall, in pursuance of Hanafi jurisprudence, and within the limits of this Constitution, rule in a way that attains justice in the best manner.1 b) Remarks Islam in state title: (+) Art. 1 Islam as state religion: (+) Art: 2 Sharia as source of legislation (incl. applicability of international law): See Art. 3 and Art. 7 Sharia as basis of judicial decisions: Subsidiary applicability of Hanafi jurisprudence (fiqh), see Art. 130, or Shia jurisprudence if Shiites are involved in a case (Art. 131.2). In personal status matters, courts shall directly apply Shia jurisprudence if Shiites are involved (Art. 131.1). Role of Ulema: Not mentioned, but Ulema council is influential Personal status law & womens rights: see above (judicial decisions).

Art. 130

Please note that many English translations of this paragraph are not precise.

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Islam as condition for attaining office of state official judge etc.: The President of the Republic must be Muslim (Art. 62.1); this is not provided in the constitution for other officials (however, it can indirectly be concluded from their oath of office). Islam/Sharia mentioned in eternity clause: The provisions of adherence to the provisions of the sacred religion of Islam and the republican regime cannot be amended. The amendment of the fundamental rights of the people is permitted only in order to make them more effective. (Art. 49) Other remarks (education; financial constitutional law; etc.): Party programs may not be contrary to the principles of sacred religion of Islam (Art. 35.1); on the other hand, parties based on single Islamic schools of thought are forbidden (Art. 35 .2). Educational curricula must be based on the provisions of the sacred religion of Islam, national culture, and in accordance with academic principles (Art. 45). The state adopts necessary measures to ensure physical and psychological well being of family, especially of child and mother, upbringing of children and the elimination of traditions contrary to the principles of sacred religion of Islam. (Art. 54.2); this clause is directed against tribal customs such as forced marriage and child marriage.

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9. Iran a) Relevant Provisions

Art. 1

The form of government of Iran is that of an Islamic Republic, endorsed by the people of Iran on the basis of their longstanding belief in the sovereignty of truth and Qurnic justice, in the referendum of [March 29-30, 1979], through the affirmative vote of a majority of 98.2% of eligible voters, held after the victorious Islamic Revolution led by the eminent marji al-taqld, yatullh al-Uzm Imam Khumayn. The Islamic Republic is a system based on belief in: 1. The One God (as stated in the phrase There is no god except Allah), His exclusive sovereignty and the right to legislate, and the necessity of submission to His commands; () 3. The return to God in the Hereafter, and the constructive role of this belief in the course of mans ascent towards God; 4. The justice of God in creation and legislation; 5. Continuous leadership (immah) and perpetual guidance, and its fundamental role in ensuring the uninterrupted process of the revolution of Islam; 6. The exalted dignity and value of man, and his freedom coupled with responsibility before God; in which equity, justice, political, economic, social, and cultural independence, and national solidarity are secured by recourse to: a. continuous ijtihd of the fuqah possessing necessary qualifications, exercised on the basis of the Qurn and the Sunnah of the Masmn, upon all of whom be peace; b. sciences and arts and the most advanced results of human experience, together with the effort to advance them further; ()

Art. 2

Art. 4

All civil, penal, financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic criteria. This principle applies absolutely and generally to all articles of the Constitution as well as to all other laws and regulations, and the fuqah of the Guardian Council are judges in this matter. The official religion of Iran is Islam and the Twelver Jafar school [in usl al-Dn and fiqh], and this principle will remain eternally immutable. Other Islamic schools, including the Hanaf, Shfi, Mlik, Hanbal, and Zayd, are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in

Art. 12

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performing their religious rites. These schools enjoy official status in matters pertaining to religious education, affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law. In regions of the country where Muslims following any one of these schools of fiqh constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school of fiqh, without infringing upon the rights of the followers of other schools. Art. 77 International treaties, protocols, contracts, and agreements must be approved by the Islamic Consultative Assembly. The judge is bound to endeavour to judge each case on the basis of the codified law. In case of the absence of any such law, he has to deliver his judgement on the basis of authoritative Islamic sources and authentic fatw. (...) Judges of courts are obliged to refrain from executing statutes and regulations of the government that are in conflict with the laws or the norms of Islam, (...) 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; the democratic character of the government; the wilyat al-amr; the Imamate of Ummah; and the administration of the affairs of the country based on national referenda, official religion of Iran [Islam] and the school [Twelver Jafari] are unalterable.

Art. 167

Article 170

Art. 177.6

b) Remarks Note: Islam dominates the entire constitution of Iran. The following remarks as well as the above-mentioned provisions are the most important ones in the context of this manual. Islam in state title: (+) see Art. 1 Islam as state religion: (+) see Art. 12: Islam as interpreted by the Jafari school. Sharia as source of legislation (incl. applicability of international law): According to Art. 4, Islam is the source for any legislation including the constitution itself. The only recognized religious minorities are Zoroastrian, Jews and Christians (Art. 13), however, every Non-Muslim should be treated in accordance with the Islamic justice and their human rights should be respected (Art. 14). International treaties etc. must be approved by the Islamic Consultative Assembly (Art. 77) before being signed by the President. It is worth noting that the Assembly is not allowed to enact laws which are contrary to Islam (Art.72). If the treaties after approval and signature have the force of law (like in many other countries), a matter about which the constitution remains silent, then the assembly is not allowed to approve it. 21

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Sharia as basis of judicial decisions: Judges must base their decisions on codified law; if these are silent they may refer to authoritative Islamic sources and authentic fatw as subsidiary sources (Art. 167). They may not apply provisions which are in conflict with Islam (At. 170). Role of Ulema: Not mentioned in any article of the constitution; only the extensive preamble highlights the role of the militant ulema in the revolution. Personal status law & womens rights: see Art. 12. Equality between men and women and human rights are guaranteed in conformity with Islamic criteria (Art. 20). Islam as condition for attaining office of state official judge etc. The Guardians Council consists of six dil fuqah and six jurists (Art. 91). The President must have convinced belief in the fundamentals of the Islamic Republic of Iran (Art. 115 II). Members of the Leadership Council must be Muslims since each one of them can be elected as the Leader and the Leader must have the qualification of a muft (Art. 107, Art. 109 a). Islam/Sharia mentioned in eternity clause: (+) See Art. 12 S. 1; Art. 177.6 Other remarks (education; financial constitutional law; etc.): The cooperative sector, one among the three economic sectors of Iran (Art. Art. 44.1), is concerned with production and distribution of goods in rural and urban areas in accordance with the criteria of Islam (Art. 44.3). Art. 44.4 sets a limit to the ownership of each of the three economic sectors by prescribing that the ownership shall not be beyond the bounds of the Islamic laws.

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10. Malaysia a) Relevant Provisions Art. 3 Art 11 1. Islam is the religion of the Federation; but other religions may be practiced in peace and harmony in any part of the Federation. (1) Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it. (...) (4) State law and in respect of the Federal Territories of Kuala Lumpur and Labuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.[19] Art. 12 (2) Every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but it shall be lawful for the Federation or a State to establish or maintain or assist in establishing or maintaining Islamic institutions or provide or assist in providing instruction in the religion of Islam and incur such expenditure as may be necessary for the purpose.

b) Remarks Islam in state title: (-) Islam as state religion: (+), Art. 3; the rulers of the federal states are heads of Islam in their states. Sharia as source of legislation (incl. applicability of international law): Sharia as basis of judicial decisions: Besides the Federal Jurisdiction there are Syariah courts (Syariah meaning Sharia in Malay) with jurisdiction in civil and criminal matters, Art. 5 (4); 121 (1A); 145 (3); 9th schedule List I no. 4 (a). Role of Ulema: (-) Personal status law & womens rights: In Art. 8 (equality), religion is mentioned as an absolutely prohibited discrimination but not gender (Art. 8.1). Despite the guaranteed equality between all persons, Art. 8 does not prohibit or invalidate any provisions regulating the personal laws (Art. 8.5 (a)). Islam as condition for attaining office of state official judge etc.: (-); regular oaths of office do not contain reference to Islam (6th schedule). Islam/Sharia mentioned in eternity clause: (-) Other remarks (education; financial constitutional law; etc.): State nationals are defined by being Muslim: Malay means a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay 23

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custom and (whose ancestors stem from the Federation of Singapore), Art. 160.2 (26th definition). Zakat, Fitrah, Baitul-Mal or similar Islamic religious revenue may be raised but shall be paid into a separate (not state) funds, Art. 97 (3).

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11. Pakistan a) Relevant Provisions Art. 1 Art. 2 Art. 203 D (1) Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan. Islam shall be the State religion of Pakistan. The (Sharia) Court may, either of its own motion or on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decided the question 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, hereinafter referred to as the Injunctions of Islam. Provisions relating to the Holy Quran and Sunnah (1) All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such Injunctions. () Explanation2.In the application of this clause to the personal law of any Muslim sect, the expression Quran and Sunnah shall mean the Quran and Sunnah as interpreted by that sect. (2) Effect shall be given to the provisions of clause (1) only in the manner provided in this Part. (3) Nothing in this Part shall affect the personal laws of non-Muslim citizens or their status as citizens. b) Remarks Islam in state title: (+) see Art. 1 Islam as state religion: (+) see Art. 2 Sharia as source of legislation (incl. applicability of international law): See, Art. 227. If a law is considered to be repugnant to Islam the president has to take steps to bring the law in conformity to Islam (Art. 203DD). Sharia as basis of judicial decisions: The decisions of Court of Shariat are based on Sharia. Besides, the Supreme Court and Superior Courts comprise Shariat Bench (Art. 203F.3; 203J.3)

Part IX of the constitution is titled Islamic Provisions) Art. 227

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Role of Ulema: A former provision regarding the Panel of Ulema and Ulema Members has been omitted, 203CC. However, e.g. the Senate shall include Ulema (Art. 59.1e); Personal status law & womens rights: No noteworthy provisions Islam as condition for attaining office of state official judge etc.: The resident must be Muslim (Art. 41 II); Members of parliament do not have to be Muslims (Art. 62 b. (i) there is a certain quote reserved for Non-Muslims), but however if a person is known of violating Islamic injunctions he is not qualified to become a member of parliament (Art. 62 c.); judges of the Federal Sharia Court must be Muslims (Art. Art. 203C. II) Islam/Sharia mentioned in eternity clause: (-) (Art. 239 regulates the procedure) Other remarks (education; financial constitutional law; etc.): Promotion of Islam is a states aim, since Art. 31 prescribes that measures should be taken to enable the citizens to live their lives in accordance with Islam.

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