Religious unity regulations contradict freedom of expression: Islamic Foundation

Religious NGO Foundation of the Maldives has called on the government to amend the new Religious Unity regulations, saying it opposes several articles that are contrary to the ”freedom of expression” given under the article 27 of the constitution.

Other articles could potentially be used as a political tool, the NGO warned in a press release issued today.

Press Secretary for the President Mohamed Zuhair has similarly expressed concern over the new regulations, claiming they contain ambiguities and policy issues.

The Islamic Foundation NGO highlighted several articles in the regulations  it believed should be amended prior to publication of the regulations in the government’s gazette, such as the criteria for issuance of preaching licenses.

The Islamic Foundation noted that under the regulations, the preaching license requirement that a person be older than 25 years of age was not a criteria required under the tenets of Islam, and furthermore claimed it was contrary to article 27 of the constitution guaranteeing freedom of expression.

The NGO also raised concern over Article(16)(b)(4), which claims preachers must not have been found guilty in a Sharia Court of having violated any clause of Law 6/94 of Religious Unity Act.

It condemned the articles as ”many religious scholars have been given several punishments under the religious unity Act in recent years for political purposes,” and added that that article 27 of the constitution did not restrict a person’s right to express their opinion even though he had been found guilty in a court of law.

The NGO also expressed concern over Article(19) requiring foreign preachers to respect local norms, claiming it was not necessary for all foreign preachers to understand the traditions and culture of the Maldives.

Article(27), which governs illegal actions while preaching or giving sermons, was also concerning, the Foundation claimed. In particular point (2), which prohibits encouraging violence; inciting people to disputes, hatred and resentment; and any talk that aims to degrade a certain sex and gender in violation of Islamic tenets, and the telecasting and broadcasting of such speeches, could be interpreted in different ways and “used for political purposes”, it said.

The Foundation also criticised Article(27)(4), which bans the promotion of any opinion contrary to religious ruling as unanimously agreed upon by the Fiqh Academy of Maldives, claiming that the Fiqh Academy “was not a committee based on independent scholars.”

”We believe that there should be the freedom for a scholar to express how he thinks on a specific doubtful issue,” the press release said.

On Article(38), concerning punishment as prescribed in Law 6/94 of the existing Religious Unity Act, the Foundation claimed the law narrowed freedom of expression guaranteed by the constitution and said was “not acceptable.”

Moreover, it referred to the constitutions article number 63, article 64 and article 268 and called on the government to amend the mentioned articles of the new religious unity act.

State Islamic Minister Sheikh Mohamed Shaheem Ali Saeed however stated that while the Ministry respected opinions and comments on the new regulations, it had been drafted with the assistance of 11 reputable scholars and widely approved by both government and police.

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New regulations will defend Islam in the Maldives, says Islamic Ministry

The Ministry of Islamic Affairs said draft regulations under the Religious Unity Act will incorporate recommendations by Jamiyathul Salaf to “protect and defend Islam in an Islamic state like the Maldives”.

In a letter sent to the Islamic association yesterday, the ministry said recommendations made by Salaf earlier this month were already included in the regulations currently being reviewed by the attorney general’s office.

“The purpose of the regulations that have been drafted is to protect the country and Maldivian society from brutal and harsh practices, divisions and antagonism in the name of Islam and from practices that contradict Islam and Islamic culture,” it reads.

The 11 recommendations made by Salaf included removing anything that conflicts with Islam from the education curriculum or subject syllabuses, making it an offence to spread other religions and openly sell or possess any items that symbolise religious holidays of other religions, and specifying measures to be taken against expatriate teachers found to be promoting other religions or inciting hatred of Islam among students.

Moreover, the proposed regulations should empower the authorities to check printing presses and bookshops for material in conflict with Islam, and make it an offence to publish such opinions or views in the media.

Salaf also recommended obligating non-Muslim visitors to inhabited islands to adhere to a code of dress and conduct appropriate to an Islamic environment.

Furthermore, the regulations should ensure that photos and videos used in advertisements do not clash with Islamic codes of behaviour and make it illegal to introduce elements of foreign cultures that conflict with Islam.

Salaf’s recommendations further call for specifying penalties for those who openly “challenge or defy” God, his Prophet or Islamic shariah, and make it an offence to disrespect the Prophet or his companions.

Lastly, Salaf recommends the creation of a council to take measures against people who issue religious fatwas (edicts or decrees) without the requisite education or learning.

Unless these recommendations are incorporated in the regulations, Salaf’s letter states, it would be “meaningless” and could “open doors” to other religions and cultures.

Salaf claimed action was not taken against Christian missionaries under the old regulations, and were instead used to “punish, jail and torture” Maldivians who “loved Islam and tried to find the right path”.

The letter goes on to recommend that the proposed rules are put up for a public discussion among religious scholars.

In response the letter from the Islamic Ministry, signed by State Minister Mohamed Shaheem Ali Saeed, states that the president’s office, Maldives Police Service and experienced religious scholars were consulted during the drafting process, which spanned six months.

The letter goes on to say the ministry regrets that Salaf has been criticising the ministry and attempting to “mislead the public” about its policies instead of offering either assistance or constructive help.

Moreover, it reads, the ministry regrets that Salaf’s president Abdullah bin Ibrahim Mohamed refused an invitation to join the Fiqh academy or help draft Friday sermons.

“But ultimately, even if you do it from afar, we believe sharing such counsel is a good step for the future and we are grateful for it,” it reads.

Salaf responded to the letter today, thanking the ministry for assuring the association that its recommendations were already in the regulations.

“What remains now is the wait for the regulations to become enforced,” Salaf replied.

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