The constitution declares Islam is the country’s religion, but also declares the country to be a “civil state.” The constitution designates the government as the “guardian of religion” and requires the president to be Muslim. The constitution guarantees freedom of belief, conscience, and exercise of religious practices, and the neutrality of mosques and houses of worship from “partisan instrumentalization.” It obligates the state to disseminate the values of moderation and tolerance, protect holy sites, and prevent takfir (Muslim accusations of apostasy against other Muslims). The constitution lists reasons for potential restrictions on the rights and freedoms it guarantees, including protecting the rights of others, the requirements of national defense, and public order, morality, or health.
The penal code criminalizes speech likely “to cause harm to the public order or morality,” as well as acts undermining public morals in a way that “intentionally violates modesty.”
Religious groups may form and register associations under the law to establish a bank account and conduct financial activities such as charity work and receive favorable tax treatment, including tax free donations from government approved associations, provided the association does not purport to represent all believers of a religious group, or use the name of a religious group. To establish an association, a religious group must submit to the secretary general of the government a registered letter providing the purposes of the association; copies of the national identity cards of its founders, who must be citizens; and two copies of the articles of association signed by the association’s founders or their representatives. The articles of association must contain the official name of the association in Arabic and any foreign language, if appropriate; its address; a statement of its objectives; membership criteria; membership fees; and a statement of organizational structure, including identification of the decision-making body for the association. The law prohibits associations from engaging in for-profit activities, providing material support for individual political candidates, or adopting bylaws or taking actions to incite violence or promote hatred, fanaticism, or discrimination on religious grounds. Once established, such an association can receive tax exempt income from organizations, including foreign organizations, that have a prior agreement with the government.
Once the association receives the return receipt from the secretary general, it has seven days to submit an announcement of the name, purpose, and objectives of the association to the government press, which has 15 days to publish the announcement in the government gazette, which marks the association’s official registration. In the event the government does not return a registered receipt within 30 days, an association may proceed to submit its documents for publication and obtain registration. A foreign association may establish a branch in the country, but the government may also reject its registration request if the government finds the principles or objectives of the foreign association contravene the law.
Violations of the provisions of the law related to associations are punishable first by a warning of up to 30 days from the secretary general of the government, then by a court order suspending the association’s activities for up to 30 days if the violations persist. If the association is still in violation of the law, the secretary general may then appeal to the court for dissolution of the association. Under the law, associations have the right to appeal court decisions.
Registered associations have the right to organize meetings and demonstrations, to publish reports and leaflets, to own real estate, and to engage in “all types of civil activities.”
A 1964 concordat with the Holy See grants official recognition to the Roman Catholic Church. This agreement allows the Church to function in the country and provides state recognition of the Catholic Church. Catholic schools and charities are able to operate under the concordat, but their financial activities are conducted through registration as an association.
The law states the government oversees Islamic prayer services by subsidizing mosques and appointing imams and paying their salaries. The grand mufti, appointed by the president, is charged with declaring religious holidays, issuing certificates of conversion to Islam, attending to citizens’ inquiries, representing the country at international religious conferences, providing opinions on school curricula, and studying and writing about Islam. The MRA suggests themes for Friday prayers, but does not regulate their content. The government may initiate administrative and legal procedures to remove imams whom authorities determine to be preaching “divisive” theology.
By law, new mosques may be constructed provided they are built in accordance with national urban planning regulations. Mosques become government property upon completion, after which the government must maintain them.
It is mandatory for students in public schools to attend courses on Islam roughly one hour per week. The religious curriculum for secondary school students also includes the history of Judaism and Christianity. Religious groups may operate private schools.
Provisions of law addressing marriage, divorce, and other personal status issues are largely based on principles of civil law, combined with elements of sharia law. Laws of inheritance are principally based on requirements in sharia law, but there are some provisions that allow for exceptions.
The law does not list religion as a prohibited basis for political parties, but prohibits political parties from using religion to call for violence or discrimination.
The country is a party to the International Covenant on Civil and Political Rights.
