The constitution declares Islam to be the state religion. It provides for freedom of thought and expression “within the limits of the law,” but does not mention freedom of religion, belief, or conscience. The constitution states sharia is the source of all legislation, although it coexists with secular common law and civil code models of law in a hybrid legal system.

Sharia serves as the basis of the legal system. The courts of the first instance address civil, criminal, commercial, and personal status cases. Informal tribunals, operating mostly in rural areas, administer customary law in addition to sharia to resolve disputes.

The constitution states the president must be Muslim (“practices his Islamic duties”); however, it allows non-Muslims to run for parliament, as long as they “fulfill their religious duties.” The law does not prohibit political parties based on religion, but it states parties may not claim to be the sole representative of any religion, oppose Islam, or restrict membership to a particular religious group.

The criminal code states “deliberate” and “insistent” denunciation of Islam or conversion from Islam to another religion is apostasy, a capital offense. The law allows those charged with apostasy three opportunities to repent; upon repentance, they are absolved from the death penalty.

Family law prohibits marriage between a Muslim and an individual whom the law defines as an apostate. Muslim women may not marry non-Muslims, and Muslim men may not marry women who do not practice one of the three Abrahamic religions (Islam, Christianity, or Judaism). By law, a woman seeking custody of a child “ought not” to be an apostate; a man “ought” to be of the same faith as the child.

The law prohibits proselytizing directed at Muslims. The law prescribes up to three years’ imprisonment for public “ridicule” of any religion, and prescribes up to five years if the ridiculed religion is Islam.

There is no provision for the registration of religious groups.

By law the government must authorize construction of new buildings. The law, however, does not mention places of worship specifically.

Public schools must provide instruction in Islam but not in other religions. The law states primary school classes must include knowledge of Islamic rituals and the country’s history and culture within the context of Islamic civilization. The law also specifies knowledge of Islamic doctrine as an objective of secondary education. Sunni and Shia students are taught from the same curriculum in public schools.

The country is a party to the International Covenant on Civil and Political Rights.

The government under President Abd Rabbuh Mansour Hadi remained in exile in Saudi Arabia and did not exercise effective legal or administrative control over much of the country. Prime Minister Ahmed Bin Dagher and various members of the cabinet, however, maintained an intermittent presence in Aden.

Prior to the outbreak of the military conflict in March 2015, Customs and Ministry of Culture officials prohibited the importation of foreign religious publications after determining they were “religiously objectionable,” because they were critical of Islam. The authorities allowed the importation of other religious books, including the Bible, for personal use but not for sale. Due to the conflict, there was not sufficient information on the situation during the year.

Prior to the outbreak of the current military conflict, the government permitted the use of Hindu temples in Aden and Sana’a as well as existing church buildings for religious services of other denominations. Due to the conflict, information on the use of these religious sites was not available during the year.

The government was unable to verify the content of the religious curriculum taught in some private schools, although the government said it was aware of the forced introduction of Zaydi Shia teaching into the curriculum of schools within Houthi areas of control. Some Muslim citizens attended private schools that did not teach Islam. Most non-Muslim students were foreigners and attended private schools. A report by Global Partnership for Education released in May stated that 90 percent of Yemeni schools were still open, with the government trying to continue the education of over five million children and youth, 73 percent of the student population. According to the Ministry of Foreign Affairs, schools were open for only a few hours a day in many areas and over 2,000 were closed because of damage or because displaced persons or armed groups had occupied them.

Since March 2015, the Hadi-led government has engaged in a military conflict with Houthi rebels and with forces loyal to former President Saleh. The rebels established control over Sana’a in September 2014, and expanded their control to take over large portions of the country. Following house arrests and other measures taken by the Houthis against government members, senior government officials fled and reconstituted the country’s government in Saudi Arabia, where it requested assistance from Saudi Arabia and other states in the region to defeat the rebels. The civil conflict has been accompanied by sectarian violence. Terrorist groups AQAP and ISIS, as well as other militias and separatist groups, continued to contribute to the violence.

Saudi Arabia and a coalition of other states continued air and ground operations against Houthi rebels. Saudi-led Coalition airstrikes damaged places of worship and religious institutions and caused casualties at religious gatherings, according to NGOs and media. On January 6, an airstrike hit a mosque in Arhab District in Sana’a, which was reportedly empty at the time. On February 15, also in Arhab District, an airstrike struck a house, killing six civilians who were participating in a funeral ceremony.

On March 17, Houthi rebels launched two rockets at a mosque inside a military camp in Marib Province, killing 22 individuals during Friday prayers. In April media reported a progovernment NGO organized protests in Taiz, Marib, and Aden Provinces in opposition to the Houthis’ targeting of mosques. The NGO said Houthi rebels had destroyed 750 mosques in Yemen during the conflict.

According to the UN, Bahai community members in Sana’a faced a “persistent pattern of persecution,” including arrest orders and pressure to recant their faith. According to NGO reports, in April Houthi authorities in Sana’a issued arrest orders for at least 25 Bahais on charges related to their religion, including propagation of the Bahai Faith. The authorities had previously arrested many of these individuals in 2016 after a religious gathering, according to civil society reports. At least one individual detained with the group of Bahais in 2016 remained imprisoned without due process. The Houthi-controlled NSB detained multiple Bahais in areas under their control through June. Five of these individuals, including Walid Ayyash, a prominent community member seized while driving from Ibb to Al-Hudaydah, remained in custody at year’s end. Other Bahais reportedly feared arbitrary arrest and took measures to avoid attention. On May 15, hundreds of demonstrators marched in front of the Specialized Criminal Prosecution building in Sana’a to protest the detentions. In late October Houthi security forces raided a Bahai gathering in Sana’a, arresting Akram Ayyash, Walid Ayyash’s brother. The whereabouts of Walid Ayyash and seven other Bahais detained in April remained unknown at year’s end.

Hamed Kamal Muhammad bin Haydara, a Bahai community member imprisoned by the NSB since 2013 and accused of apostasy, proselytizing, and spying for Israel, remained in detention. Bahai representatives said he was being held in poor conditions with limited access to medical care or family visits and he had been tortured.

In September unidentified militants released Indian Catholic priest Tom Uzhunnalil, whom they had kidnapped during an attack on a nursing home in Aden in 2016. In a video posted in May, Uzhunnalil said his health was deteriorating, and he called for help securing his release. The Government of India confirmed Uzhunnalil returned to India in September.

Prior to the outbreak of the military conflict, Christian community representatives reported increased scrutiny by Houthi rebels, leading them to be more discreet, although they continued to wear religious attire that identified them as members of the community.

In northern areas traditionally under Zaydi control, there were reports of continued Houthi efforts to impose their religious customs on non-Zaydi residents, including by banning music and requiring women to wear full veils.

New textbooks issued during the year by Houthi authorities promoted sectarian messages, jihadi extremism, and isolation from the outside world. Translated portions of the textbook include sentences such as “Damnation be on the Jews” and “America is the biggest Satan.” The Quranic Culture Book for third graders, authored by Mohammed Badraddeen, featured the words “America” and “Israel,” surrounded by the words: “Our enemy, the head of evil, and the biggest Satan.”

According to media, these developments coincided with a significant increase in sectarian propaganda in the lead-up to the September 21 parade and celebration in Sana’a commemorating the Houthi revolution. Messaging on billboards and in mass media outlets (including Radio Sana’a) increasingly focused on Houthi leader Abd al-Malik al-Houthi’s divine right to rule as a descendent of the Prophet. Houthi leader Abd al-Malik al-Houthi continued to use sectarian rhetoric. Abd al-Malik al-Houthi again stated there was Israeli involvement in the Saudi-led coalition campaign against Houthi rebels in speeches featuring anti-Semitic slogans.