AFRICAN COUNTRIES WHERE SHARI AH LAW OPERATES. Constitution, 1996 Article 2 [State Religion]: Islam is the religion of the State.

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1 Algeria Angola Benin Muslim State/ Shari ah Law Constitution, 1996 Article 2 [State Religion]: Islam is the religion of the State. Constitution, 2010 Article 10 (Secular state): 1. The Republic of Angola shall be a secular state and there shall be separation between state and church, under the terms of the law. 2. The state shall recognize and respect the different religious faiths, which shall be free to organize and exercise their activities, provided that they abide by the Constitution and the laws of the Republic of Angola. 3. The state shall protect churches and faiths and their places and objects of worship, provided that they do not threaten the Constitution and public order and abide by the Constitution and the law. Article 41 (Freedom of conscience, religion and worship): (1). Freedom of conscience, religion and worship shall be inviolable. 2. No-one shall be deprived of their rights, persecuted or exempted from obligations due to their religious beliefs or philosophical or political convictions. 3. Under the terms of the law, the right to be a conscientious objector shall be guaranteed. 4. No authority shall question anyone with regard to their convictions or religious practices, except in order to gather statistical data that cannot be individually identified. Constitution, 1990 Article 2: The Republic of Benin shall be one - indivisible, secular, and democratic. Its principle shall be: Government of the people, by the people, and for the people. Article 23: Every person has the right to freedom of thought, of conscience, of religion, of creed, of opinion and of

2 Botswana COUNTRY Burkina Faso expression with respect for the public order established by law and regulations. The exercise of a creed and the expression of beliefs shall take place with respect for the secularity of the state. The institutions and the religious or philosophical communities shall have the right to develop without hindrances. They shall not be subject to the guardianship of the state. They shall regulate and administer their affairs in an autonomous manner. Section 11 Protection of freedom of conscience: Constitution 1966 (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. (2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides. (3) Except with his own consent (or, if he is a minor, the consent of his guardian) 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 that instruction, ceremony or observance relates to a religion other than his own. Constitution, 2000 Article 31: Burkina Faso is a democratic, unitary and secular state. Article 27: Every citizen has the right to education. Public education is secular. Private education is recognised. The law establishes the conditions of its exercise.

3 Burundi COUNTRY Constitution, 2005 Article 1: Burundi is an independent, sovereign, secular, democratic, unitary and respecting their ethnic and religious diversity. Cameroon Constitution, 1996 Preamble The State shall be secular. The neutrality and independence of the State in respect of all religions shall be guaranteed; Article 1(2) It shall be one and indivisible, secular, democratic and dedicated to social service. Cape Verde Central Republic African Article 48 Freedom of conscience, religion and cult Constitution,1992 (3) The churches and other religious communities shall be separated from the State and shall be independent and free in their organization or in the exercise of their own activity, being them considered partners in the promotion of social and spiritual development of the Cape Verdean people. Constitution, 1995 Preamble: Resolved to construct a state of law founded on a true pluralist democracy, guaranteeing the security of persons and goods, the protection of the most feeble, notably vulnerable people, minorities and the full exercise of fundamental rights and liberties; Article 8: The freedom of conscience, of assembly and the free exercise of worship are guaranteed to all within the conditions fixed by law. Any form of religious fundamentalism and intolerance is forbidden.

4 Chad Comoros COUNTRY Congo Brazzaville Cote d Ivoire Democratic Republic of Congo Constitution, 1996 Article 1: The Republic of Chad is a sovereign, independent, secular, social and indivisible, based on the principles of democracy, rule of law and justice; It is claimed the separation of religion and state. Muslim State/ Shari ah Law Constitution, 2001 Preamble: the Comorian people solemnly proclaim their resolve to draw from Islam continuing inspiration for the principles and rules governing the State and its institutions. Article 1: The Comoros archipelago constitutes a Federal Islamic Republic Constitution, 2002 Article 1: The Republic of Congo is a sovereign State, indivisible, secular, social and democratic. Constitution, 2000 Article 30: The Republic of Côte d Ivoire is one and indivisible, secular, democratic and social. The Republic assures to all equality before the law without distinction as to origin, race, sex or religion. It respects all beliefs. Its principle is government of the people, by the people and for the people. Constitution, 2006 Article 1: The Republic Democratic of Congo is, within its borders of 30 June 1960, a State based on the rule of law, independent, sovereign, united and indivisible, social democratic and secular.

5 Article 22: All persons have the right to freedom of thought, conscience and religion. All persons have the right to express their religion or their convictions, alone or together with others, both in public and in private, by worship, teaching, practices, carrying out of rites and a religious way of living, subject to respect for the law, public order, morality and the rights of others. The law determines the conditions for the exercise of these liberties. Djibouti Muslim State/ Shari ah Law Article 1: Islam is the religion of the state. Constitution, 2010 Egypt Equatorial Guinea Muslim State/ Shari ah Law Constitution, 1971 Article 2: Islam is the religion of the state and Arabic its official language. Islamic jurisprudence is the principal source of legislation. Constitution, 1995 Article 9: The political parties of Equatorial Guinea may not have identical name to those that existed before 12 October 1968 and must have national character and ambition and may not be founded based on tribe, ethnic, religion, sex, district, municipality, social condition or profession. The law regulating the establishment and its functioning. Eritrea - Ethiopia Secular state/ Shari ah Law is applicable in Islamic courts Constitution, 1995

6 Gabon Gambia COUNTRY Article 11 Separation of State and Religion 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. Federal Courts of Shari ah Consolidation Proclamation Proclamation No. 188/1999 Constitution, 2003 Article 2: Gabon is an indivisible, secular, democratic and social. It affirms the separation of state and religion and recognizes all faiths, subject respect of public order Secular state/ Shari ah Law is applicable Section 1 The Republic: (1) The Gambia is a sovereign secular Republic. Constitution, 2001 Section 7: in addition to this Constitution, the laws of The Gambia consist of (a) Acts of the National Assembly made under this Constitution and subsidiary legislation made under such Acts; (b) Any orders, Rules, Regulations or other subsidiary legislation made by a person or authority under a power conferred by this Constitution or any other law; (c) The existing laws including all decrees passed by the Armed Forces Provisional Ruling Council; (d) The common law and principles of equity;

7 Ghana Guinea Guinea-Bissau (e) Customary law so far as concerns members of the communities to which it applies; (f) The Shari ah as regards matters of marriage, divorce and inheritance among members of the communities to which it applies. Constitution, 1992 Article 12 Protection of Fundamental Human Rights and Freedoms: (1) The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the courts as provided for in this Constitution. (2) Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. Constitution, 1990 Article 1: Guinea is a unitary, indivisible, secular, democratic and social Republic. It shall assure equality before the law for all citizens, without distinction of origin, race, ethnicity, sex, religion and opinion. It shall respect all beliefs. The official language of the Republic of Guinea is French. The state shall assure the promotion of the cultures and the languages of the people of Guinea.... Its principle is: Government of the people, by the people and for the people. Constitution, 1996 Article 1: Guinea-Bissau is a sovereign, democratic, secular and unitary republic.

8 Kenya Lesotho Liberia Constitution, 2010 Section 8 State and religion: There shall be no State religion Section 13: Freedom of conscience Constitution, 1993 (1) Every person shall be entitled to, and (except with his own consent) shall not be hindered in his enjoyment of, freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. (2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any places of education which it wholly maintains or in the course of any education which it otherwise provides. (3) Except with his own consent (or, if he is a minor, the consent of his guardian), 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 that instruction, ceremony or observance relates to a religion other than his own. (4) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oat in a manner which is contrary to his religion or belief. Constitution, 1986 Article 14: All persons shall be entitled to freedom of thought, conscience and religion and no person shall be hindered in the enjoyment thereof except as may be required by law to protect public safety, order, health, or morals

9 or the fundamental rights and freedoms of others. All persons who, in the practice of their religion, conduct themselves peaceably, not obstructing others and conforming to the standards set out herein, shall be entitled to the protection of the law. No religious denomination or sect shall have any exclusive privilege or preference over any other, but all shall be treated alike; and no religious tests shall be required for any civil or military office or for the exercise of any civil right. Consistent with the principle of separation of religion and state, the Republic shall establish no state religion. Libya Muslim State/ Shari ah Law Article 2: Islam is the religion of the State Constitution, 1969 Madagascar Malawi Mali Mauritania Constitution, 1992 Article 1 [People, State, Democracy] (1) The Malagasy people shall constitute a Nation organized as a sovereign, secular State. Constitution, 1997 Section33. Every person has the right to freedom of conscience, religion, belief and thought, and to academic freedom. Constitution, 1991 Article 25: Mali is an independent, sovereign, indivisible, democratic, secular, social Republic. Muslim State/ Shari ah Law

10 Mauritius Article 1: Mauritania is an Islamic Republic Article 5: Islam is the religion of the people and state. Shari ah Law is applicable Article 11. Protection of freedom of conscience Constitution, 2006 Constitution, 1994 (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section, that freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. (2) Except with his own consent (or, it he is minor, the consent of his guardian), 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 that instruction, ceremony or observance relates to a religion that he does not profess. (3) No religious community or denomination shall be prevented from making provision for the giving, by persons lawfully in Mauritius, of religious instruction to possess of that community or denomination in the course of any education provided by that community or denomination. Civil Status Act, 1981 Section 29: Establishment of the Muslim Family Council that has the power to (a)keep a register of all marriages celebrated in accordance with Muslim rites; (b) keep a register of all provisional decrees of divorce communicated to it (c) Make rules governing marriages celebrated in accordance with Muslim rites and the dissolution of such marriages. Morocco Muslim State/ Shari ah Law

11 Mozambique Namibia Niger Constitution, 2011 Article 3: Islam is the state religion, which guarantees the free exercise of all religions. Article 12 Lay State 1. The Republic of Mozambique shall be a lay State. Constitution, The lay nature of the State rests on the separation between the State and religious denominations. 3. Religious denominations shall have organisational freedom, freedom to carry out their functions and freedom of worship, and they shall conform to the laws of the State. 4. The State shall recognise and esteem the activities of religious denominations in order to promote a climate of understanding, tolerance and peace, the strengthening of national unity, the material and spiritual well being of citizens, and economic and social development. Constitution, 1990 Article 1 [Establishment of the Republic of Namibia and Identification of its Territory] (1) The Republic of Namibia is hereby established as a sovereign, secular, democratic and unitary State founded upon the principles of democracy, the rule of law and justice for all. Secular state/shari ah Law is applicable Article 4: Separation of the state and religion Constitution, 1999 Initial State Party Report on the Convention on the Rights of the Child: Niger, 2000

12 Nigeria Rwanda COUNTRY Two sources of law, One the official law and the other in the practical sphere (Muslim law). Secular state/shari ah Law is applicable Constitution, 1999 Article 10 Prohibition of State Religion: The Government of the Federation or of a State shall not adopt any religion as State Religion. Article 260 The Shari ah Court of Appeal of the Federal Capital Territory, Abuja. (1) There shall be a Shari ah Court of Appeal of the Federal Capital Territory, Abuja. (2) The Shari ah Court of Appeal of the Federal Capital Territory, Abuja shall consist of - (a) A Grand Kadi of the Shari ah Court of Appeal. and (b) Such number of Kadis of the Shari ah Court of Appeal as may be prescribed by an Act of the National Assembly. Constitution, 2003 Article one: The Rwandan State is an independent, sovereign, democratic, social and secular Republic. Sao Tome & Principe Article 8: Lay state Constitution, 1975 The Democratic Republic of São Tomé and Príncipe is a secular state, within it existing a separation of the state with respect to all religious institutions. Senegal Constitution, 2001

13 Seychelles Sierra Leone Somalia Article 1: The Republic of Senegal shall be secular, democratic and social. Article 21 freedom of conscience: Constitution, 1996 (6) A law shall not make provision for the establishment of any religion or the imposition of any religious observance. Shari ah Law is applicable Section 24 protection of freedom of conscience Constitution, except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and foe the propose of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom either alone or in community with others and both in public and in private to manifest and propagate his religion or belief in worship, teaching, practice and observance There exists Muslim Marriage Act, Cap 96. Muslim State/ Shari ah Law Article 2. State and Religion (1) Islam is the religion of the State. Constitution, 2012 (2) No religion other than Islam can be propagated in the country. (3) No law which is not compliant with the general principles of Shari ah can be enacted. Constitution of the Republic of Somali land, 2001

14 Article 15(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 Koranic schools is the responsibility of the state. Article 5: Religion 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 Shari ah. 3. The state shall promote religious tenets (religious affairs) and shall fulfill Shari ah principles and discourage immoral acts and reprehensible behavior. 4. The calendar shall be the Islamic Calendar based on the hijra, and the Gregorian Calendar. Constitution of Punt land, 2001 The new Constitution of Punt land is based on the following: Islamic Shari ah Article 6 Religion: Islam shall be the only religion of Punt land State of Somalia. No any other religion can be propagated in Punt land State, while the Islamic Religion and the traditions of the people of Punt land are the bases of law. South Africa Secular state/ there is constitutional space for religious institutions Constitution, 1996 Section 15 Freedom of religion, belief and opinion (1) Everyone has the right to freedom of conscience, religion, thought, belief and opinion. (2) Religious observances may be conducted at state or state-aided institutions, (3) (a) This section does not prevent legislation recognizing-

15 South Sudan Sudan Swaziland (i) marriages concluded under any tradition, or a system of religious, personal or family law; or (ii) Systems of personal and family law under any tradition, or adhered to by persons professing a particular religion. The Transitional Constitution of the Republic of South Sudan, 2011 Article 8(1) Religion: Religion and State shall be separate. Shari ah Law is applicable The Interim National Constitution of the Republic of the Sudan, 2005 Article 5 (1) Sources of Legislation: Nationally enacted legislation having effect only in respect of the Northern states of the Sudan shall have as its sources of legislation Islamic Shari ah and the consensus of the people. Constitution, 2005 Section 20 Equality before the law: (1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law. (2) For the avoidance of any doubt, a person shall not be discriminated against on the grounds of gender, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age or disability. Tanzania/ Zanzibar Secular state/ Shari ah Law is Applicable Constitution, 1997 Section 3(1): The United Republic is a democratic, secular and socialist state which adheres to multi-party democracy. Section 9 Right to freedom of religion- (1) Every person has the right to freedom of thought or conscience, belief or faith, and choice in matters of religion,

16 Togo Tunisia Uganda including the freedom to change his religion or faith. (2) Without prejudice to the relevant 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. Kadhi s Courts Act, No.3 of 1985 to determine questions of Muslim law operational in Zanzibar Constitution, 1994 Article 1: The Togolese Republic shall be a state based on law, secular, democratic and social. The Republic shall be one and indivisible. Muslim State/ Shari ah Law Constitution, 1959 Article 1 [State]: Tunisia is a free State, independent and sovereign; its religion is the Islam, its language is Arabic, and its form is the Republic. Secular state/ Shari ah Law is applicable Constitution, 1995 Article 7 Non adoption of a State religion: Uganda shall not adopt a State religion Article 129(1): subordinate courts as Parliament may by law establish, including qadhis courts for marriage, divorce, inheritance of property and guardianship, as may be prescribed by Parliament. There is the Marriage and Divorce of Mohammedans Act 1906 Zambia Constitution, 1996

17 Zimbabwe We, the people of Zambia by our representatives, assembled in our Parliament, having solemnly resolved to maintain Zambia as a Sovereign Democratic Republic; Declare the Republic a Christian nation while upholding the right of every person to enjoy that person's freedom of conscience or religion; Draft Constitution, 2012 Preamble: we the people of Zambia, in exercise of our constituent power declare the Republic a Christian Nation, but uphold the right of every person to enjoy that person s freedom of conscience or religion; Section 19 Protection of freedom of conscience Constitution, 1997 (1) Except with his own consent or by way of parental discipline, no person is hindered in the enjoyment of his freedom of conscience, that is to say, freedom of thought and of religion, freedom to change his religion or belief, and freedom, whether alone or in community with others, and whether in public or in private, to manifest and propagate his religion or belief through worship, teaching, practice and observance. (2) Except with his own consent or, if he is a minor, the consent of his parent or guardian, no person attending any place of education is required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own. (3) No religious community is prevented from making provision for the giving by persons lawfully in Zimbabwe of religious instruction to persons of that community in the course of any education provided by that community, whether or not that community is in receipt of any subsidy, grant or other form of financial assistance from the State. (4) No person is compelled to take any oath that is contrary to his religion or belief or to take any oath in a manner that is contrary to his religion or belief.

18 References ACPF (2012), Harmonisation of Children s Laws in West and Central Africa: County Briefs ACPF (2012), Harmonisation of Children s Laws in Eastern and Southern Africa: Country Briefs ACPF (2011), In the Best Interests of the Child: Harmonising Laws on Children in West and Central Africa available at ACPF (2008), In the Best Interests of the Child: Harmonising Laws on Children in Eastern and Southern Africa, available athttp:// ACPF (2010), Child Law Resources Volume I International and Regional Laws on Children, ACPF (2012), Child Law Resources, Volume II: Reporting Status of African States, available at

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