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| Constitution of the Republic of Maldives. (Famous capture of the cover, not sure of the photographer) |
With laws made to safeguard Islam as a religion in Maldives how can one even think that the country will loose Islam as it's foundation and its faith? Who ever thinks otherwise is either unaware of the Constitutional authority Islam has in the country or is unable to digest the reality that Maldivians go way deep into roots of Islam. There should be NO fear among Maldivians to believe or even think of a day when Islam can be wiped off the surface of Maldives.
We are Maldivians, we have remained an Islamic state for over 800 years or so. We are a country that fosters the Islamic way of life, morals and values. We are apparently the only 100% people democracy in the world that has a 100% Muslim population. We should not only be proud of it but should also protect this legacy by not allowing our country turn into a extremist hub. We should not allow our country to fall into the hands of religious extremists and turn into another Taliban Afghanistan. We are a moderate people with a beautiful history and culture, we are a people of peace and harmony. We should all keep this in mind and make sure we do not take that wrong turn in these changing tides.
I for one strongly oppose the small protest by some 30 Maldives demanding Religious Freedom in the Country. Not because it was only unacceptable but it is also illegal under the Constitution. One is entitled to Freedom of Assembly and Freedom of Expression under the Maldivian Charter of Rights and Freedom, everyone should abide the charter, and follow the right to exercise freedom given to one by the charter, one should not do so by going against Article 27 of the Constitution.
It is not an issue of Human Rights. No westerner nor a certain Navi Pille can come from any Human Rights organization and comment on rights and freedoms in a country where a People of Democracy has agreed upon their Fundamental Rights and Freedoms. Nor can the United Nations come in between the people and their beliefs.
People in a certain place determines what Freedom is for them, people in that place decides what Human Rights is for them. We do not have to refer to Uncle Sam on how human rights should be and interpret the First Amendment to make laws. In Maldives we do not kill innocent people, we do not beat women as they do in "extremist" Islamic countries. We do not torture people to death nor we have kill squads. We are a country that practices a moderate Islamic Shari'ah and law. Let us be as we are, as a Republic, as a Democracy, as a Islamic Sovereign Nation, as an example to the rest of the Islamic world.
Read for yourself and understand what you read. For Islam shall prevail in this pearl of a country in the great Indian Ocean !!!
Chapter I - State, Sovereign and Citizens
Article 2 of the Constitution defines the Republic of Maldives as; 'The Maldives is a sovereign, independent, democratic Republic based on the principles of Islam, and is a unitary State, to be known as the Republic of the Maldives. Any reference to "Maldives" is a reference to the Republic of the Maldives'.
Article 9 Citizen, concludes in saying; '(d) Despite the provisions of the article (a) a non-Muslim may not become a citizen of the Maldives'.
Article 10 State Religion says; '(a) The religion of the State of the Maldives is Islam. Islam shall be the one of the basis of the laws of the Maldives. (b) No law contrary to any tenet of Islam shall be enacted in the Maldives'.
Chapter II - Fundamental Rights and Freedom
Article 16 Guarantee of Rights goes on to say;
'(a) This Constitution guarantees to all persons, in a manner that is not contrary to any tenet of Islam, the rights and freedoms contained within this Chapter, subject only to such reasonable limits prescribed by a law enacted by the People’s Majlis in a manner that is not contrary to this Constitution. Any such law enacted by the People’s Majlis can limit the rights and freedoms to any extent only if demonstrably justified in a free and democratic society.
(b) The limitation of a right or freedom specified in this Chapter by a law enacted by the People’s Majlis as provided for in this Constitution, and in order to protect and maintain the tenets of Islam, shall not be contrary to article (a)'.
Article 19 Freedom from Restraint goes on to say; 'A citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shari’ah or by law. No control or restraint may be exercised against any person unless it is expressly authorized by law'.
Perhaps the most important of all Articles in the constitution is Article 27. 'Everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of Islam'.
Article 37 Right to Education also stresses; '(3) Education shall strive to inculcate obedience to Islam, instil love for Islam, foster respect for human rights, and promote understanding, tolerance and friendship among all people'.
Article 67 Responsibilities and Duties say; 'The exercise and enjoyment of fundamental rights and freedoms is inseparable from the performance of responsibilities and duties, and it is the responsibility of every citizen:
Clause (f) to promote democratic values and practices in a manner that is not inconsistent with any tenet of Islam; and Clause (g) to preserve and protect the State religion of Islam, culture, language and heritage of the country'
Chapter III - The Peoples Majlis
Article 70 Legislative Authority, clause (c) say; 'The People’s Majlis shall not pass any law that contravenes any tenet of Islam'.
Article 72 Qualification of Members, clause (a) sub-clause (3) says that the MP be 'a Muslim and a follower of a Sunni school of Islam'.
Article 100 Removal of President or Vice President (a) 'The People’s Majlis, by a resolution, may remove the President or the Vice President from office only on the grounds of: (1.) direct violation of a tenet of Islam, the Constitution or law;'
Chapter IV - The President
Article 109 Qualification of the President, clause (b) states that he has to 'be a Muslim and a follower of a Sunni school of Islam;'
The President is entitled by the law to uphold the Constitution of the Republic of Maldives. If he is in direct violation of a tenet of Islam, the Constitution or law Article 100 will be imposed on him, whereby he will be removed from the post.
Chapter V - The Cabinet
Article 130 Qualification of the Cabinet Members, clause (a) sub-clause (3) states that ministers have to 'be a Muslim and a follower of a Sunni school of Islam;'
Chapter VI - The Judiciary
Article 142 Compliance with Law says clearly that; 'The Judges are independent, and subject only to the Constitution and the law. When deciding matters on which the Constitution or the law is silent, Judges must consider Islamic Shari’ah. In the performance of their judicial functions, Judges must apply the Constitution and the law impartially and without fear, favor or prejudice'.
Chapter VIII - Application and Construction of the Constitution.
Article 274 Definitions, explains in detail the Constitutional meaning or definitions for "Tenet of Islam" and Islamic Shari'ah as follows;
“tenet of Islam” means, the Holy Qur’an and those principles of Shari’ah whose provenance is not in dispute from among those found in the Sunna of the Noble Prophet, and those principles derived from these two foundations; and
“Islamic Shari’ah” means, the Holy Qur’an and the ways preferred by the learned people within the community and followers of the Sunnah in relation to criminal, civil, personal and other matters found in the Sunna.
If you happen to have read all those Constitutional Articles, you would have to agree that if Maldivians uphold their Constitution there is not the slightest chance for Islam to be letdown in the country. As long as we Uphold the Constitution we will Remain a Sovereign Islamic Nation !!! That is for sure.
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