Defining Citizenship and Religion in Constitutions


Figure 1.--.

Most Muslim-majority states have partially secular constitutions. The limit is based on the fact that these countries Islam and Sharia Law has a special status. The most secular constitution in the Muslim world is Turkey, but Islamic groups in Turkey are demasnding major constitutional revisions. The principle of a secular constitution is controversial in the Muslim world because the Koran assumes a conection between the Islamic faith and governance. A few countries like Iran have Islsamic constitutions. European countries have secular constitutions, but vary somewhat with respect to religion. Some give special status to Christisanity. The United States has a secular constitution which structly separates government and religion. The only Jewish country is Israel, but there are constitutional protections for those of other faiths. The Palestinians and Arab states have opposed any peace that accepts a recognition of Israel as the state of the Jewish people. They maintain that a Jewish state would discriminate against Muslims and other minorities. In recent years the Arabs have begun using the term "racist" to describe Isrrael's insistence on a Jewish state. Almost unbelieveably they argue that no modern state can be based on religion. This has some resonance in America and Europe with their secular constitutions. It is of course diamertrically opposite to the state of affairs in the Muslim world. A survey of national constitutions in Muslim world and even in Europe reveals that many countries establish a nationality, a religion or both as the basis of their state. Most Arab states in their suposedly secular contitutions constitutions clearly declare themselves to be Arab and Islamic. Constitutional provisions can be amended. Readers who do not think that the cionstitutions of their country has been correctly represented are encouraged to update the provisions stated here.

Arab Countries

The Palestinians and Arab states have opposed any peace that accepts a recognition of Israel as the state of the Jewish people. They maintain that a Jewish state would discriminate against Muslims and other minorities. In recent years the Arabs have begun using the term "racist" to describe Isrrael's insistence on being a Jewish state. Almost unbelieveably they aregue that no modern state can be based on religion. Almost unbelieveably they argue that no modern state can be based on religion. This has some resonance in America and Europe with their secular constitutions. It is of course diamertrically opposite to the state of affairs in the Muslim world.

Egypt

The Constitution of The Arab Republic of Egypt describes citizenship and religion in Part One: The State. Article 1: "The Arab Republic of Egypt is a democratic state based on citizenship. The Egyptian people are part of the Arab nation and work for the realization of its comprehensive unity." Article 2: "Islam is the religion of the state and Arabic its official language. Principles of Islamic law ( Shari'a) are the principal source of legislation."

Iraq

The American influence Constitution in deference to the Kurds does not define Iraq as an Arab nation, but Islam is clearly identified as the country's religion. Article 2: First: "Islam is the official religion of the State and is a foundation source of legislation: (A) No law may be enacted that contradicts the established provisions of Islam."

Jordan

The Jordanian constitution stress that the country is an Arab state and the religio is Islam. Article 1: "The Hashemite Kingdom of Jordan is an independent sovereign Arab State. It is indivisible and inalienable and no part of it may be ceded. The people of Jordan form a part of the Arab Nation, and its system of government is parliamentary with a hereditary monarchy." Article 2: "Islam is the religion of the State and Arabic is its official language."

Morocco

The Preamble of the Moroccan consitution reads: "An Islamic and fully sovereign state whose official language is Arabic, the Kingdom of Morocco constitutes a part of the Great Arab Maghreb." Article 6: "Islam shall be the state religion. The state shall guarantee freedom of worship for all."

Palestine

The Palestinian Basic Law addresses both religion and law. Article 1: "Palestine is part of the large Arab World, and the Palestinian People are part of the Arab Nation. Arab Unity is an objective which the Palestinian People shall work to achieve." Article 4: "(1) Islam is the official religion in Palestine. Respect and sanctity of all other heavenly religions shall be maintained. (2) The principles of Islamic Shari'a shall be the main source of legislation. (3) Arabic shall be the official language."

Saudi Arabia

Sauydi Aerabia is one if the most Isklamic states. Article 1: "The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion; God's Book and the Sunnah of His Prophet, God's prayers and peace be upon him, are its constitution, Arabic is its language and Riyadh is its capital."

Syria

Syria mixes both Islam and Socialism in its Constitution. The relevant provisions are in Chapter 1 Basic Principles, Part 1 Political Principles. Article 1 [Arab Nation, Socialist Republic]: (1) The Syrian Arab Republic is a democratic, popular, socialist, and sovereign state. No part of its territory can be ceded. Syria is a member of the Union of the Arab Republics. (2) The Syrian Arab region is a part of the Arab homeland. (3) The people in the Syrian Arab region are a part of the Arab nation. They work and struggle to achieve the Arab nation's comprehensive unity." Article 3 [Islam]: "(1) The religion of the President of the Republic has to be Islam. (2) Islamic jurisprudence is a main source of legislation." Article 4 [Language, Capital]: "The Arab language is the official language. The capital is Damascus."

Other Muslim Countries


Iran


Pakistan

Many Muslims as Britain granted independence to India could not envision living as a minority in a Hindu majority country. The result was the partition of India and the creation of Pakistan.

Turkey


Israel

The only Jewish country is Israel, but there are constitutional protections for those of other faiths.

North America

The United States has a secular constitution which structly separates government and religion. After the drafting of the Federal Constitution, there were complaints that the rights of coitizense not explicitly stated . The result was the bill of rights, the first 10 amendments of the Constitution. The First Amendment provides for freedom of religion and prohibits the Federal Government from establishing any religion. The First Amendment reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Europe

European countries have secular constitutions, but vary somewhat with respect to religion. Some give special status to Christisanity.

France

A major issue in French politics since the Revolution was the role religion and the Catholic Church. Many Frebch constitutins have addressed this issue. The current French Constitution Preamble reads, "The French people solemnly proclaim their attachment to the Rights of Man and the principles of national sovereignty as defined by the Declaration of 1789, confirmed and complemented by the Preamble to the Constitution of 1946, and to the rights and duties as defined in the Charter for the Environment of 2004."

Greece

Greece is widely seen as the mother of Western democracy. The Orthodox Church during centuries of Ottomon rule was anot a religious force, but a support for Greek natioinalism. The same was true in the other Balkan countries. The Greek constitution declares: "In the name of the Holy and Consubstantial and Indivisible Trinity ...." According to Article 3: "(1) The prevailing religion in Greece is that of the Eastern Orthodox Church of Christ. The Orthodox Church of Greece, acknowledging our Lord Jesus Christ as its head, is inseparably united in doctrine with the Great Church of Christ in Constantinople and with every other Church of Christ of the same doctrine, observing unwaveringly, as they do, the holy apostolic and syn- odal canons and sacred traditions. It is autocephalous and is administered by the Holy Synod of serving Bishops and the Permanent Holy Synod originating thereof and assembled as specified by the Statutory Charter of the Church in compliance with the provisions of the Patriarchal Tome of June 29, 1850 and the Synodal Act of September 4, 1928. (2) The ecclesiastical regime existing in certain districts of the State shall not be deemed contrary to the provisions of the preceding paragraph. (3) The text of the Holy Scripture shall be maintained unaltered. Official translation of the text into any other form of language, without prior sanction by the Autocephalous Church of Greece and the Great Church of Christ in Constantinople, is prohibited."

Ireland

Ireland was the only part of the British Isles to remain Cathloic as a result of the Reformation. The Catholic Church was an important part of Ireland's resistance to English rule. The Preamble of the Irish constitution reads, "In the name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred, We, the people of Éire, Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial ...." Article 1: "The Irish nation hereby affirms its inalienable, indefeasible, and sovereign right to choose its own form of Government, to determine its relations with other nations, and to develop its life, political, economic and cultural, in accordance with its own genius and traditions."

Poland


Russia


Spain

Spain was a major force in the Counter Reformation. The Church's resistance to the Republic and The Republic's actions agasinst the Church were a factor in the Spanish Civil War. Since the death of Franco and the restoration of democracy, the role of the Church has bee redefined. The Preamble of the Spanish Constitutioin reads, "The Spanish Nation, desiring to establish justice, liberty, and security, and to promote the well-being of all its members, in the exercise of its sovereignty.... "







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Created: 6:09 AM 7/15/2009
Last updated: 6:09 AM 7/15/2009