The U.S. government estimates the total population at 36.6 million (midyear 2020 estimate). There are no reliable statistics available concerning the percentages of Sunni and Shia Muslims in the country; the government’s Central Statistics Office does not track disaggregated population data. According to Pew Forum data from 2009, Shia make up approximately 10-15 percent of the population.

According to religious community leaders, the Shia population, approximately 90 percent of whom are ethnic Hazaras, is predominantly Jaafari, but it also includes Ismailis. Other religious groups, mainly Hindus, Sikhs, Baha’is, and Christians, constitute less than 0.3 percent of the population. According to Sikh leaders, there are fewer than 400 members of the Sikh community remaining in the country, compared with an estimated 600 at the start of the year and 1,300 in 2017. Most of the community is located in Kabul, with smaller groups in Nangarhar and Ghazni Provinces. Hindu community leaders estimate there are fewer than 50 remaining Afghan Hindus, all male and primarily businessmen with families in other countries.

The Ahmadi Muslim community estimates it has 450 adherents nationwide, down from 600 in 2017. Reliable estimates of the Baha’i and Christian communities are not available. There are small numbers of practitioners of other religions, including at least one Jew.

Hazaras live predominantly in the central and western provinces as well as in Kabul; Ismaili Muslims live mainly in Kabul and in the central and northern provinces. Followers of the Baha’i faith live predominantly in Kabul, with a small community in Kandahar. Ahmadi Muslims largely live in Kabul.

Legal Framework

The constitution declares Islam the official state religion and says no law may contravene the tenets and provisions of the “sacred religion of Islam.” It further states there shall be no amendment to the constitution’s provisions with respect to adherence to the fundamentals of Islam. According to the constitution, followers of religions other than Islam are “free to exercise their faith and perform their religious rites within the limits of the provisions of the law.”

The penal code contains provisions that criminalize verbal and physical assaults on religion and protects individuals’ right to exercise their beliefs for any religion. The penal code includes punishments for verbal and physical assaults on a follower of any religion and punishment for insults or distortions directed towards Islam, including in cyberspace. An article in the penal code specifies what constitutes an insult to religion, stating, “A person who intentionally insults a religion or disrupts its rites or destroys its permitted places of worship shall be deemed as a perpetrator of the crime of insulting religions and shall be punished according to provisions of this chapter.” The penal code specifies that deliberate insults or distortions directed towards Islamic beliefs or laws carry a prison sentence of one to five years and specifies imprisonment for persons using a computer system, program, or data to insult Islam.

Another article of the penal code states persons who forcibly stop the conduct of rituals of any religion, destroy or damage “permitted places of worship” (a term not defined by the code) where religious rituals are conducted, or destroy or damage any sign or symbol of any religion are subject to imprisonment of three months to one year or a fine ranging from 30,000 to 60,000 afghanis ($390-$780). In cases where killings or physical injury result from the disturbance of religious rites or ceremonies, the accused individual is tried according to crimes of murder and physical injury as defined by law.

While apostasy is not specifically provided for under the penal code, it falls under the seven offenses making up hudood crimes as defined by sharia. According to the penal code, perpetrators of hudood crimes are punished according to sharia as interpreted by the Sunni school of Hanafi jurisprudence. According to Sunni Hanafi jurisprudence, which the constitution states shall apply “if there is no provision in the constitution or other laws about a case,” beheading is appropriate for male apostates, while life imprisonment is appropriate for female apostates, unless the individual repents. A judge may also impose a lesser penalty, such as short-term imprisonment or lashes, if doubt about the apostasy exists. Under Hanafi jurisprudence, the government may also confiscate the property of apostates or prevent apostates from inheriting property. This guidance applies to individuals who are of sound mind and have reached the age of maturity. Civil law states the age of maturity for citizens is 18, although it is 16 for females with regard to marriage. Islamic law defines age of maturity as the point at which one shows signs of puberty, and puberty is usually applied as the marriageable age, particularly for girls.

Conversion from Islam to another religion is apostasy according to the Hanafi school of jurisprudence applicable in the courts. If someone converts to another religion from Islam, he or she shall have three days to recant the conversion. If the person does not recant, then he or she shall be subject to the punishment for apostasy. Proselytizing to try to convert individuals from Islam to another religion is also illegal according to the Hanafi school of jurisprudence, which is applied in the courts. Those accused of proselytizing are subject to the same punishment as those who convert from Islam.

Blasphemy, which may include anti-Islamic writings or speech, is a capital crime according to the Hanafi school. Accused blasphemers, like apostates, have three days to recant or face death, although there is no clear process for recanting under sharia. Some hadiths (sayings or traditions that serve as a source of Islamic law or guidance) suggest discussion and negotiation with an apostate to encourage the apostate to recant.

According to a 2007 ruling from the General Directorate of Fatwas and Accounts under the Supreme Court, the Baha’i Faith is distinct from Islam and is a form of blasphemy. All Muslims who convert to it are considered apostates; Baha’is are labeled infidels by other Muslims.

Licensing and registration of religious groups by the MOHRA are not required. Registration as a group (which gives the group the status of a council, known as a shura) or an association conveys official recognition and the benefit of government provision of facilities for seminars and conferences. By law, anyone who is 18 years of age or older may establish a social or political organization. Such an entity must have a central office as well as a charter consistent with domestic laws. Both groups and associations may register with the Ministry of Justice. The ministry may dissolve such organizations through a judicial order. Groups recognized as shuras may cooperate with one another on religious issues. Associations may conduct business with the government or the society as a whole.

A mass media law prohibits the production, reproduction, printing, and publishing of works and materials contrary to the principles of Islam or offensive to other religions and denominations. It also prohibits publicizing and promoting religions other than Islam and bans articles on any topic the government deems might harm the physical, spiritual, and moral well-being of persons, especially children and adolescents. The law instructs National Radio and Television Afghanistan, a government agency, to provide broadcasting content reflecting the religious beliefs of all ethnic groups in the country, all based on Islam. Some radio stations provide religious programming for Sunni Muslims, and a smaller number of radio stations provide religious programming for Shia Muslims. The law also obligates the agency to adjust its programs to reflect Islamic principles as well as national and spiritual values.

According to the constitution, the “state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture, as well as academic principles” and develop courses on religion based on the “Islamic sects” in the country. The national curriculum includes materials designed separately for Sunni-majority schools and Shia-majority schools as well as textbooks that emphasize nonviolent Islamic terms and principles. The curriculum includes courses on Islam but not on other religions. Non-Muslims are not required to study Islam in public schools, but there are no alternatives offered. The registration process for madrassahs requires a school to demonstrate it has suitable buildings, classrooms, accredited teachers, and dormitories if students live on campus. MOHRA registers madrassahs collocated with mosques, while the Ministry of Education registers madrassahs not associated with mosques. In MOHRA-registered madrassahs, students receive instruction, with one imam teaching approximately 50 to 70 children studying at various levels. Only certificates issued by registered madrassahs allow students to pursue higher education at government universities.

According to the law, all funds contributed to madrassahs by private or international sources must be channeled through the Ministry of Education.

The civil and penal codes derive their authority from the constitution. The constitution stipulates the courts shall apply constitutional provisions as well as the law in ruling on cases. For instances in which neither the constitution nor the penal or civil codes addresses a specific case, the constitution declares the courts may apply Hanafi jurisprudence within the limits set by the constitution to attain justice. The constitution also allows courts to apply Shia law in cases involving Shia followers. Non-Muslims may not provide testimony in matters requiring Hanafi jurisprudence. The constitution makes no mention of separate laws applying to non-Muslims.

A Muslim man may marry a non-Muslim woman, but the woman must first convert if she is not an adherent of one of the other two Abrahamic faiths – Christianity or Judaism. It is illegal for a Muslim woman to marry a non-Muslim man.

The government’s national identity cards indicate an individual’s religion as well as nationality, tribe, and ethnicity. Individuals are not required to declare belief in Islam to receive citizenship.

The constitution requires the President and two Vice Presidents to be Muslim. Other senior officials (ministers, members of parliament, judges) must swear allegiance and obedience to the principles of Islam as part of their oath of office.

The constitution allows the formation of political parties, provided the program and charter of a party are “not contrary to the principles of the sacred religion of Islam.” The constitution states political parties may not be based on sectarianism.

The law mandates an additional seat in parliament’s lower house be reserved for a member of the Hindu or Sikh communities. The person occupying the seat is not obliged to swear allegiance to Islam, only to obey the law and serve all citizens and the state.

MOHRA is responsible for managing Hajj and Umrah pilgrimages, revenue collection for religious activities, acquisition of property for religious purposes, issuance of fatwas, educational testing of imams, sermon preparation and distribution for government-supported mosques, and raising public awareness of religious issues.

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

The U.S. government estimates the total population at 464,000 (midyear 2020 estimate). According to the 2011 census (the most recent), 78.8 percent of the population is Muslim, 8.7 percent Christian, and 7.8 percent Buddhist, while the remaining 4.7 percent consists of other religions, including indigenous beliefs.

There is significant variation in religious identification among ethnic groups. According to 2019 official statistics (the most recent), ethnic Malay citizens comprise 66 percent of the population and are defined by law as Muslims from birth. The ethnic Chinese population, which is approximately 10 percent of the total population and includes both citizens and stateless permanent residents, is 65 percent Buddhist and 20 percent Christian. Indigenous tribes, such as Dusun, Bisaya, Murut, and Iban, make up approximately four percent of the population and are estimated to be 50 percent Muslim, 15 percent Christian, and the remainder followers of other religious groups, including adherents of traditional practices. The remaining 20 percent of the population includes foreign-born workers, primarily from Indonesia, Malaysia, the Philippines, and other South Asian countries. According to official statistics, approximately half of these temporary and permanent residents are Muslim, more than one-quarter Christian, and 15 percent Buddhist.

Legal Framework

The constitution states the religion of the country shall be the Shafi’i school of Sunni Islam but allows all other religions to be practiced “in peace and harmony” by the persons professing them.

The legal system is divided between secular law and sharia, which have parallel systems of both criminal and civil/family law and operate separate courts under a single judiciary department. The civil courts are based on common law. The sharia courts follow the Shafi’i school of Islamic jurisprudence, in which there is no concept of legal precedent and judges are not bound by the decisions of a higher court. Sharia courts have jurisdiction over both criminal law and civil/family matters involving Muslims and hear cases brought under longstanding sharia legislation as well as under the SPC.

The SPC spells out provisions for corporal and capital punishment for murder, theft, adultery, rape, sodomy, apostasy, blasphemy, and other acts deemed crimes under sharia. Depending on the type and specifics of the offense, these punishments include fines, imprisonment, whipping, caning, amputation of hands or feet, or death (including by stoning). The SPC identifies murder, adultery, rape, sodomy, apostasy, and blasphemy as capital offenses, although the law requires either a confession or the testimony of multiple pious Muslim male eyewitnesses to support a death sentence. A de facto moratorium on the death penalty, announced by the Sultan in 2019, continued during the year.

Most SPC sections apply to both Muslims and non-Muslims, including foreigners, and are applicable to offenses committed outside the country by citizens or permanent residents. Non-Muslims are exempt from certain sections, such as requirements for men to join Friday prayers and pay zakat (obligatory annual almsgiving). The SPC states that Muslims will be identified for purposes of the law by “general reputation.”

The SPC incorporates longstanding domestic laws based on sharia that prohibit drinking alcohol, propagating religions other than Islam, eating in public during the fasting hours of Ramadan, cross-dressing, and close physical proximity between unmarried persons of the opposite sex. It prohibits “indecent behavior,” including pregnancies out of wedlock, and criminalizes any act that “tends to tarnish the image of Islam, deprave a person, bring bad influence, or cause anger to the person who is likely to have seen the act.”

Punishments included under the SPC have different standards of proof from the common law-based penal code, such as requiring four pious men to witness personally an act of fornication to support a sentence of stoning. Stoning sentences, however, may be supported by a confession in lieu of witness testimony at the discretion of a sharia judge. If neither qualifying testimony nor a confession is available, the possible sentences are limited to caning, imprisonment, and fines.

The government describes its official national philosophy as Melayu Islam Beraja (MIB), or Malay Islamic Monarchy, which it defines as “a system that encompasses strong Malay cultural influences, stressing the importance of Islam in daily life and governance, and respect for the monarchy as represented by His Majesty the Sultan.” The government has said this system is essential to the country’s way of life and is its main defense against “extremism.” A government body, the MIB Supreme Council, seeks to spread and strengthen the MIB philosophy and ensure MIB is enshrined in the nation’s laws and policies. MIB is a compulsory subject for students in both public and private schools, including at the university level.

The Religious Enforcement Division under MORA leads investigations of crimes that exist only in the SPC and other sharia legislation, such as male Muslims failing to pray on Fridays. Cases involving crimes that are not covered by sharia legislation, such as human trafficking, are investigated by the RBPF. RBPF and Religious Enforcement Division officers cooperate on investigations of crimes covered by both the secular and sharia laws. In such cases, an “assessment committee” composed of secular and sharia prosecutors and secular and sharia law enforcement officers decides which court system will try the case. The deliberations of the assessment committee to determine whether specific cases would proceed through secular or sharia court are not public, and the government does not make public the committee’s bases for its decisions.

The government bans religious groups it considers “deviant,” including the Ahmadiyya Muslim Community, al-Arqam, Abdul Razak Mohammad, al-Ma’unah, Saihoni Tasipan, Tariqat Mufarridiyyah, Silat Lintau, Qadiyaniah, the Baha’i Faith, and Jehovah’s Witnesses. The list is based on fatwas proclaimed by the state mufti or the Islamic Religious Council – a government body and the Sultan’s highest authority on matters on Islam – and is available on MORA’s website. The SPC also bans most non-Sunni forms of Islam and any practice or display of “black magic.”

The SPC includes a list of words and expressions, including the word “Allah,” reserved for use by only Muslims or in relation to Islam. MORA officials state that the use of certain words such as “Allah” by non-Muslims does not constitute an SPC offense when used in a nonreligious context or social activity.

Under the SPC, Muslims are not permitted to renounce or change their religion. Non-Muslims must be at least 14 years and seven months old to convert or renounce their religion. If parents convert to Islam, their children younger than 14 years and seven months automatically become Muslim.

The law requires all organizations, including religious groups, to register and provide the names of their members. Applicants are subject to background checks for leaders and board members, and proposed organizations are subject to naming requirements. Registered organizations must furnish information on leadership, election of officers, members, assets, activities, and any other information requested by the registrar. Benefits of registration include the ability to operate, reserve space in public buildings, and apply for permission to raise funds. The registrar of societies oversees the application process, exercises discretion over applications, and is authorized to refuse approval for any reason. Organizations are prohibited from affiliation with any organization outside the country without written approval by the registrar. Unregistered organizations may face charges of unlawful assembly and may be subject to fines. Individuals who participate in or influence others to join unregistered organizations may be fined, arrested, and imprisoned. The penalty for violating laws on the registration and activity of organizations is a fine of up to 10,000 Brunei dollars (BND) ($7,600), imprisonment for up to three years, or both.

The law states that any public assembly of five or more persons requires official approval in advance. Under longstanding emergency powers, this applies to all forms of public assembly, including religious assembly. In practice, however, places of worship are viewed as private places in which gatherings do not require approval.

The law forbids the teaching or promotion of any religion other than Islam to Muslims or to persons of no faith. Under the SPC, the penalty for propagating religions other than Islam is up to five years in prison, a fine of up to 20,000 BND ($15,100), or both. The SPC includes a provision that makes it illegal to criticize Islam as well as the SPC itself.

Laws and regulations limit access to religious literature. The law states it is an offense for a person to import any publication deemed objectionable, which is defined in part as describing, depicting, or expressing matters of race or religion in a manner likely to cause “feelings of enmity, hatred, ill will, or hostility between different racial or religious groups.” The law also bans distributing materials relating to religions other than Islam to Muslims or persons of no faith.

The law establishes two sets of schools: those offering the national or international curriculum that are administered by the Ministry of Education, and those offering supplemental religious education (ugama) that are administered by MORA.

Ministry of Education schools are required to teach a course on Islamic religious knowledge that is required for all Muslim children between the ages of seven and 15 who reside in the country and who have at least one parent who is a citizen or permanent resident. Non-Muslims are exempted from all religious study requirements and receive teaching on moral behavior. Non-Muslim students are still required to take MIB classes.

Public and private schools, including private schools run by churches, are prohibited from providing religious instruction in beliefs other than the Shafi’i school of Islam as part of the school’s curriculum. Schools may be fined or school officials imprisoned for teaching non-Islamic religious subjects. The SPC criminalizes exposing Muslim children or the children of parents who have no religious affiliation to the beliefs and practices of any religion other than Islam. The law requires that any person wishing to teach on matters relating to Islam must obtain official permission. Churches and religious schools are permitted to offer private religious education in private settings, such as someone’s home.

All parental rights are awarded to the Muslim parent if a child is born to parents who are not both Muslim. The non-Muslim parent is not recognized in any official document, including the child’s birth certificate, unless that parent has converted to Islam. The law bans any Muslim from surrendering custody of a minor or dependent in his or her guardianship to a non-Muslim.

Under the SPC, non-Muslims may be arrested for zina (fornication or adultery) or khalwat (close physical proximity between two unmarried individuals of opposite sexes), provided that the other accused party is Muslim. Foreigners are also subject to these laws.

A regulation requires businesses that produce, supply, and serve food and beverages to obtain a halal certificate or apply for an exemption if serving non-Muslims.

MORA has declared circumcision for Muslim girls (sunat) a religious rite obligatory under Islam and describes it as the removal of the hood of the clitoris (Type I per World Health Organization classification). The government has stated it does not consider this practice to be female genital mutilation/cutting (FGM/C) and has expressed support for the World Health Organization’s call for the elimination of FGM/C. In his 2017 fatwas, the State Mufti declared that both male and female circumcision are required and specified that female circumcision involves a “small cut above the vagina.”

The country is not a party to the International Covenant on Civil and Political Rights.

The U.S. government estimates the population at 85.0 million (midyear 2020 estimate). According to Iranian government estimates, Muslims constitute 99.4 percent of the population, of whom 90-95 percent are Shia, and 5-10 percent are Sunni, mostly Turkmen, Arabs, Baluchis, and Kurds, living in the northeast, southwest, southeast, and northwest provinces, respectively. Afghan refugees, economic migrants, and displaced persons also make up a significant Sunni population, but accurate statistics on the breakdown of the Afghan refugee population between Sunni and Shia are unavailable. There are no official statistics available on the number of Muslims who practice Sufism, although unofficial reports estimate several million.

According to U.S. government estimates, groups constituting the remaining less than 1 percent of the population include Baha’is, Christians, Yarsanis, Jews, Sabean-Mandaeans, and Zoroastrians. The three largest non-Muslim minorities are Baha’is, Christians, and Yarsanis.

According to Human Rights Watch data, Baha’is number at least 300,000.

The government Statistical Center of Iran reports there are 117,700 Christians in the country. Some estimates, however, suggest there may be many more than actually reported. According to World Christian Database statistics, there are approximately 547,000 Christians. Elam Ministries, a Christian organization, estimates there could be between 300,000 and one million.

Estimates by the Assyrian Church of the total Assyrian and Chaldean Christian population put their combined number at 7,000. There are also Protestant denominations, including evangelical groups, but there is no authoritative data on their numbers. Christian groups outside the country disagree on the size of the Protestant community, with some estimates citing figures lower than 10,000, and others, such as Open Doors USA, citing numbers greater than 800,000. Many Protestants and converts to Christianity from Islam reportedly practice in secret.

There is no official count of Yarsanis, but HRANA and the Center for Human Rights in Iran (CHRI) estimate there are up to two million. Yarsanis are mainly located in Loristan and the Kurdish regions.

According to recent estimates from Armenian Christians who maintain contact with the Iranian Christian community in the country, their current numbers are approximately 40,000 to 50,000, significantly lower than the peak of 300,000 estimated prior to 1979. The number of Roman Catholics in the country is estimated to be 21,000.

According to Zoroastrian groups and the government-run Statistical Center of Iran, the population includes approximately 25,000 Zoroastrians.

According to the Tehran Jewish Committee, the population includes approximately 9,000 Jews, while representatives from the Jewish community in the country estimated their number at 15,000 during a 2018 PBS News Hour interview.

The population, according to government media, includes 14,000 Sabean-Mandaeans.

According to the 2011 census, the number of individuals who are nonreligious rose by 20 percent between 2006 and 2011, which supports observations by academics and others that the number of atheists, agnostics, nonbelievers, and religiously unaffiliated living in the country is growing. Often these groups, however, do not publicly identify, as documented by Amnesty International’s report on the country, because those who profess atheism are at risk of arbitrary detention, torture, and the death penalty for “apostasy.”

Legal Framework

The constitution defines the country as an Islamic republic and designates Twelver Ja’afari Shia Islam as the official state religion. The constitution stipulates all laws and regulations must be based on “Islamic criteria” and an official interpretation of sharia. The constitution states citizens shall enjoy all human, political, economic, social, and cultural rights “in conformity with Islamic criteria.”

The constitution prohibits the investigation of an individual’s ideas and states no one may be “subjected to questioning and aggression for merely holding an opinion.” The law prohibits Muslims from changing or renouncing their religious beliefs. The only recognized conversions are from another religion to Islam. Conversion from Islam may be considered apostasy under sharia, a crime punishable by death. Under the law, a child born to a Muslim father is Muslim.

By law, non-Muslims may not engage in public persuasion or attempted conversion of Muslims. The law considers these activities proselytizing and punishable by death. In addition, citizens who are not recognized as Christians, Zoroastrians, or Jews may not engage in public religious expression, such as worshiping in a church or wearing religious symbols such as a cross. The government makes some exceptions for foreigners belonging to unrecognized religious groups.

The penal code specifies the death sentence for moharebeh (“enmity against God,” which according to the Oxford Dictionary of Islam, means in Quranic usage “corrupt conditions caused by unbelievers or unjust people that threaten social and political wellbeing”), fisad fil-arz (“corruption on earth,” which includes apostasy or heresy), and sabb al-nabi (“insulting the Prophet” or “insulting the sanctities [Islam]”). According to the penal code, the application of the death penalty varies depending on the religion of both the perpetrator and the victim.

The constitution states the four Sunni schools (Hanafi, Shafi, Maliki, and Hanbali) and the Shia Zaydi school of Islam are “deserving of total respect,” and their followers are free to perform religious practices. It states these schools may follow their own jurisprudence in matters of religious education and certain personal affairs, including marriage, divorce, and inheritance.

The constitution states Zoroastrians, Jews, and Christians are the only recognized religious minorities. “Within the limits of the law,” they have permission to perform religious rites and ceremonies and to form religious societies. They are also free to address personal affairs and religious education according to their own religious canon. The government considers any citizen who is not a registered member of one of these three groups or who cannot prove his or her family was Christian prior to 1979, to be Muslim.

Since the law prohibits citizens from converting from Islam to another religion, the government only recognizes the Christianity of citizens who are Armenian or Assyrian Christians, because the presence of these groups in the country predates Islam, or of citizens who can prove they or their families were Christian prior to the 1979 revolution. The government also recognizes Sabean-Mandaeans as Christian, even though they state they do not consider themselves as such. The government often considers Yarsanis as Shia Muslims practicing Sufism, but Yarsanis identify Yarsan as a distinct faith (known as Ahl-e-Haq or Kakai). Yarsanis may also self-register as Shia to obtain government services. The government does not recognize evangelical Protestants as Christian.

Citizens who are members of one of the recognized religious minorities must register with authorities. Registration conveys certain rights, including the use of alcohol for religious purposes. Authorities may close a church and arrest its leaders if churchgoers do not register or unregistered individuals attend services. The law does not recognize individuals who convert to Christianity as Christian. They may not register and are not entitled to the same rights as recognized members of Christian communities.

The Supreme Leader (the Velayat-e Faqih, the Guardian of the Islamic Jurist), the country’s head of state, oversees extrajudicial special clerical courts, which are not provided for by the constitution. The courts, each headed by a Shia Islamic legal scholar, operate outside the judiciary’s purview and investigate offenses committed by clerics, including political statements inconsistent with government policy and nonreligious activities. The courts also issue rulings based on independent interpretation of Islamic legal sources. The constitution provides that the judiciary be “an independent power” that is “free from every kind of unhealthy relation and connection.” The government appoints judges “in accordance with religious criteria.”

The Ministry of Culture and Islamic Guidance and the Ministry of Intelligence and Security (MOIS) monitor religious activity. The Islamic Revolutionary Guard Corps (IRGC) also monitors churches.

The constitution provides for freedom of the press, except when it is “harmful to the principles of Islam or the rights of the public.”

The Ministry of Education determines the religious curricula of public schools. All school curricula, public and private, must include a course on Shia Islamic teachings, and all pupils must pass this course to advance to the next educational level, through university. Sunni students and students from recognized minority religious groups must take and pass the courses on Shia Islam, although they may also take separate courses on their own religious beliefs. To pass the university entrance examination, applicants must pass an exam on Islamic, Christian, or Jewish theology based on their official religious affiliation.

Recognized minority religious groups, except for Sunni Muslims, may operate private schools. The Ministry of Education supervises the private schools operated by recognized minority religious groups and imposes certain curriculum requirements. The ministry must approve all textbooks used in coursework, including religious texts. These schools may provide their own religious instruction and in languages other than Farsi, but authorities must approve those texts as well. Minority communities must bear the cost of translating the texts into Farsi for official review. Directors of such private schools must demonstrate loyalty to the official state religion. This requirement, known as gozinesh review, is an evaluation to determine adherence to the government ideology and system as well as knowledge of the official interpretation of Shia Islam.

The law bars Baha’is from founding or operating their own educational institutions. A Ministry of Science, Research, and Technology order requires universities to exclude Baha’is from access to higher education, or to expel them if their religious affiliation becomes known. Government regulations state Baha’is are only permitted to enroll in universities if they do not identify themselves as Baha’is. To register for the university entrance examination, Baha’i students must answer a basic multiple-choice question and identify themselves as followers of a religion other than the Baha’i Faith (e.g., Islam, Christianity, Judaism, or Zoroastrianism).

According to the constitution, Islamic scholars in the Assembly of Experts, an assembly of 86 popularly elected and Supreme Leader-approved clerics whose qualifications include piety and religious scholarship, elect the Supreme Leader. To “safeguard” Islamic ordinances and to ensure legislation passed by the Islamic Consultative Assembly (i.e., the parliament or Majles) is compatible with Islam, a Guardian Council, composed of six Shia clerics appointed by the Supreme Leader and six Shia legal scholars nominated by the judiciary, must review and approve all legislation. The Guardian Council also vets all candidates for the Assembly of Experts, President, and parliament, and supervises elections for those bodies. Individuals who are not Shia Muslims are barred from serving as Supreme Leader or President, as well as from being a member in the Assembly of Experts, Guardian Council, or Expediency Council (the country’s highest arbiter of disputes between the parliament and the Guardian Council over legislation).

The constitution bans parliament from passing laws contrary to Islam and states there may be no amendment to its provisions related to the “Islamic character” of the political or legal system, or to the specification that Twelver Ja’afari Shia Islam is the official religion.

Non-Muslims may not be elected to a representative body or hold senior government, intelligence, or military positions, with the exception of five of the 290 parliament seats reserved by the constitution for recognized religious minorities. There are two seats reserved for Armenian Christians, one for Assyrian and Chaldean Christians together, one for Jews, and one for Zoroastrians.

The constitution states that in regions where followers of one of the recognized schools of Sunni Islam constitute the majority, local regulations are to be in accordance with that school within the bounds of the jurisdiction of local councils and without infringing upon the rights of the followers of other schools.

According to the constitution, a judge should rule on a case on the basis of codified law, but in a situation where such law is absent, he should deliver his judgment on the basis of “authoritative Islamic sources and authentic fatwas.”

The constitution specifies the government must “treat non-Muslims in conformity with the principles of Islamic justice and equity, and to respect their human rights, as long as those non-Muslims have not conspired or acted against Islam and the Islamic Republic.”

The law authorizes collection of “blood money,” or diyeh, as restitution to families for Muslims and members of recognized religious minorities who are victims of murder, bodily harm, or property damage. Baha’i families, however, are not entitled to receive “blood money.” This law also reduces the “blood money” for recognized religious minorities and women to half that of a Muslim man. Women are entitled to equal “blood money” as men, but only for insurance claims where loss of life occurred in automobile accidents and not for other categories of death, such as murder. In cases of bodily harm, according to the law, certain male organs (for example, the testicles) are worth more than the entire body of a woman.

The criminal code provides for hadud punishments (those mandated by sharia) for theft, including amputation of the fingers of the right hand, amputation of the left foot, life imprisonment, and death, as well as flogging of up to 99 lashes or stoning for other crimes.

By law, non-Muslims may not serve in the judiciary, the security services (which are separate from the regular armed forces), or as public school principals. Officials screen candidates for elected offices and applicants for public-sector employment based on their adherence to and knowledge of Islam and loyalty to the Islamic Republic (gozinesh review requirements), although members of recognized religious minorities may serve in the lower ranks of government if they meet these loyalty requirements. Government workers who do not observe Islamic principles and rules are subject to penalties and may be fired or barred from work in a particular sector.

The government bars Baha’is from all government employment and forbids Baha’i participation in the governmental social pension system. Baha’is may not receive compensation for injury or crimes committed against them and may not inherit property. A religious fatwa from the Supreme Leader encourages citizens to avoid all dealings with Baha’is.

The government does not recognize Baha’i marriages or divorces but allows a civil attestation of marriage. The attestation serves as a marriage certificate and allows for basic recognition of the union but does not offer legal protections in marital disputes.

Recognized religious groups issue marriage contracts in accordance with their religious laws.

The constitution permits the formation of political parties based on Islam or on one of the recognized religious minorities, provided the parties do not violate the “criteria of Islam,” among other stipulations.

The constitution states the military must be Islamic, must be committed to Islamic ideals, and must recruit individuals who are committed to the objectives of the Islamic revolution. In addition to the regular military, the IRGC is charged with upholding the Islamic nature of the revolution at home and abroad. The law does not provide for exemptions from military service based on religious affiliation. The law forbids non-Muslims from holding positions of authority over Muslims in the armed forces. Members of recognized religious minorities with a college education may serve as officers during their mandatory military service, but they may not continue to serve beyond the mandatory service period to become career military officers.

The country is a party to the International Covenant on Civil and Political Rights, but at ratification, it entered a general reservation “not to apply any provisions or articles of the Convention that are incompatible with Islamic Laws and the international legislation in effect.”

The U.S. government estimates the total population at 32.7 million (midyear 2020 estimate). According to the most recent census in 2010, 61.3 percent of the population practices Islam; 19.8 percent, Buddhism; 9.2 percent, Christianity; 6.3 percent, Hinduism; 1.3 percent, Confucianism, Taoism, or other traditional Chinese philosophies and religions; and less than 1 percent each of other religious groups that include animists, Sikhs, Jehovah’s Witnesses, The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ), and Baha’is. Almost all Muslims practice Sunni Islam of the Shafi’i school. Ethnic Malays, defined in the federal constitution as Muslims from birth, account for approximately 55 percent of the population. Rural areas – especially in the peninsular east coast of the country – are predominantly Muslim, while the states of Sabah and Sarawak on the island of Borneo have relatively higher numbers of non-Muslims. Two-thirds of the country’s Christian population inhabits the East Malaysian states of Sabah and Sarawak.

Legal Framework

The federal constitution states, “every person has the right to profess and practice his religion,” but gives federal and state governments the power to control or restrict proselytization to Muslims. The constitution names Islam as the “religion of the Federation,” and gives parliament powers to make provisions regulating Islamic religious affairs. Federal law allows citizens and organizations to sue the government for constitutional violations of religious freedom. Federal and state governments have the power to “control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.” The constitution identifies the traditional rulers, also known as sultans, as “Heads of Islam,” are the highest Islamic authorities within their respective states. Sultans are present in nine of the country’s 13 states; in the remaining four states and the Federal Territories, the highest Islamic authority is the King, selected to a five-year term from among the nine sultans in an established rotation order. Islamic law is administered by each state. The office of mufti exists in every state to advise the sultan in all matters of Islamic law. Sultans oversee sharia courts and appoint judges based on the recommendation of the respective state Islamic religious departments and councils who manage the operations of the courts. In states with no sultan and in the Federal Territories, the King assumes responsibility for this process.

Federal law has constitutional precedence over state law except in matters concerning Islamic law. A constitutional amendment provides that civil courts have no jurisdiction with respect to any matter within the jurisdiction of the sharia courts. However, since 2018, the Federal Court, the country’s highest, has held it has jurisdiction over the procedures of the sharia administrative authority in cases involving conversion of minors and that such jurisdiction may not be abrogated by a constitutional amendment.

The Sharia Judiciary Department (JKSM) is the federal agency charged with coordinating the sharia courts. The federal Department of Development of Islam (JAKIM) is the permanent secretariat of the federal Fatwa Committee, which consists of 14 muftis, one from each state and one representing the Federal Territories. The Sharia and Civil Technical Committee within the Attorney General’s Chambers oversee the process of sharia lawmaking at the federal level. A 1996 fatwa, supported by state laws, requires the country to follow only Sunni teachings of the Shafi’i school and prohibits Muslims from possessing, publishing, or distributing material contrary to those teachings.

Muslims who seek to convert to another religion must first obtain approval from a sharia court to declare themselves “apostates.” Sharia courts seldom grant such requests, especially for those born Muslim and ethnic Malays, and are reluctant to allow conversion for those who had previously converted to Islam. Penalties for apostasy vary by state. In the states of Perak, Melaka, Sabah, and Pahang, apostasy is a criminal offense punishable by a fine or jail term. In Pahang, up to six strokes of the cane may also be imposed. The maximum penalty for apostasy in the states of Kelantan and Terengganu is death, but this penalty has never been imposed, and its legal status remains untested. According to former Islamic Affairs Minister Jamil Khir, from 2000 to 2010, the sharia court approved 135 of 686 applications to no longer identify as a Muslim. NGOs report that most converts from Islam prefer to do so privately, without legal approval. Nationally, civil courts generally cede authority to sharia courts in cases concerning conversion from Islam. In some states, sharia courts allow one parent to convert children to Islam without the consent of the second parent. The law does not restrict the rights of non-Muslims to change their religious beliefs and affiliation. A non-Muslim wishing to marry a Muslim must convert to Islam for the sharia court to officially recognize the marriage.

A minor (under the age of 18, according to federal law) generally may not convert to another faith without explicit parental permission; however, some states’ laws allow conversion to Islam without permission after age 15. A 2018 decision of the Federal Court ruled against the unilateral conversion of children by a sharia court without the consent of both parents. The judgment said civil courts had jurisdiction to exercise supervisory powers over administrative decisions of state Islamic authorities.

Sedition laws regulate and punish, among other acts, speech considered hostile to ethnic groups, which includes speech insulting Islam. Convictions may result in prison sentences of three to seven years or up to 20 years if there is physical harm or damage to property. The law also bars speech that “promotes ill will, hostility, or hatred on the grounds of religion.”

Under sharia, which differs by state, individuals convicted of “deviant” religious activity face up to three years in prison, caning, or a 5,000-ringgit ($1,200) fine for “insulting” Islam. According to some state laws, Muslims may be fined 1,000 ringgit ($250) if they do not attend “counseling” after being found guilty of wearing what authorities deem immodest clothing. According to sharia law in some states, any individuals who sell food to fasting Muslims or Muslims who do not fast are subject to a fine, a jail sentence, or both.

JAKIM and state Islamic authorities prepare all Friday sermons for congregations as well as oversee and approve the appointment of imams at mosques. JAKIM and state Islamic officials must formally approve all teachers of Islam before they may preach or lecture on Islam in public.

There is no legal requirement for non-Muslim religious groups to register, but to become approved nonprofit charitable organizations, all groups must register with the government’s Registrar of Societies (ROS) by submitting paperwork showing the organization’s leadership, purpose, and rules, and by paying a small fee. These organizations are legally required to submit annual reports to the ROS to remain registered. The ROS may inspect registered organizations and investigate those suspected of being used for purposes “prejudicial to public peace, welfare, good order, or morality.”

Tax laws allow a tax exemption for registered religious groups for donations received and a tax deduction for individual donors. Donors giving zakat (tithes) to Muslim religious organizations receive a tax rebate. Donors to government-approved charitable organizations (including some non-Muslim religious groups) may receive a tax deduction on the contribution rather than a tax rebate.

Under sharia, caning is permitted in every state. Offenses subject to caning, sometimes in conjunction with imprisonment, include consensual same-sex sexual relations and prostitution. Caning is also permitted for a wider variety of offenses under the penal code.

The law forbids proselytizing of Muslims by non-Muslims, with punishments varying from state to state, including imprisonment and caning. The law allows and supports Muslims proselytizing without restriction.

State governments have exclusive authority over allocation of land for, and the construction of, all places of worship as well as land allocation for all cemeteries.

All Islamic houses of worship – including mosques and prayer rooms – fall under the authority of JAKIM and corresponding state Islamic departments; officials at these departments must give permission for the construction of any mosque or prayer rooms.

Islamic religious instruction is compulsory for Muslim children in public schools; non-Muslim students are required to take nonreligious morals and ethics courses. Private schools may offer a non-Islamic religious curriculum as an option for non-Muslims.

Sharia courts have jurisdiction over Muslims in matters of family law and religious observances. Non-Muslims have no standing in sharia proceedings, leading to some cases where sharia court rulings have affected non-Muslims who have no ability to defend their position or appeal the court’s decision, most frequently in rulings affecting custody, divorce, inheritance, burial, and conversion in interfaith families. The relationship between sharia and civil law remains largely unresolved in the legal system. When civil and sharia jurisdictions intersect, civil courts continue largely to give deference to sharia courts, creating situations where sharia judgments affect non-Muslims.

Two states, Kelantan and Terengganu, have enacted hudood (the Islamic penal law) for Muslims, although the federal government has never allowed the implementation of that code. The states may not implement these laws without amendments to federal legislation and the agreement of the sultan.

The legal age of marriage is 16 for Muslim females and 18 for Muslim males, except in Selangor State, where Muslim and non-Muslim females must be 18. Sharia courts may make exceptions for marriage before those ages with the permission of parents. Non-Muslims must be 18 to marry, but may marry as young as 16 with the approval of their state’s chief minister.

National identity cards specify religious affiliation, and the government uses them to determine which citizens are subject to sharia. The cards identify Muslims in print on the face of the card; for members of other recognized religions, religious affiliation is encrypted in a smart chip within the identity card. Married Muslims must carry a special photo identification of themselves and their spouse as proof of marriage.

Foreign missionaries and international students for religious courses must apply for a professional visit pass with the Department of Immigration. This visa is given on a year-to-year basis and must be endorsed by a national body representing the respective faiths.

JAKIM coordinates the Hajj, endowment (waqf), tithes (zakat), and other Islamic activities.

The country is not a party to the International Covenant on Civil and Political Rights.

The total population of Maldivians is 392,000 (midyear 2020 estimate). The government estimates the total population is 557,426, including 117,000 documented and 63,000 undocumented foreign workers in the country, mostly from Bangladesh, Sri Lanka, India, and Pakistan. While most citizens follow Sunni Islam (indeed, citizenship requires it), there are no reliable estimates of actual religious affiliations. Foreign workers are predominantly Muslims, Buddhists, Hindus, and Christians.

Legal Framework

The constitution states the country is a republic based on the principles of Islam and designates Islam as the state religion, which it defines in terms of Sunni teachings. It states citizens have a “duty” to preserve and protect Islam. According to the constitution, non-Muslims may not obtain citizenship.

The constitution states citizens are free to engage in activities “not expressly prohibited” by sharia, but it stipulates the Majlis (the country’s legislative body) may pass laws limiting rights and freedoms “to protect and maintain the tenets of Islam.” In deciding whether a limitation on a right or freedom is constitutional, the constitution states a court must consider the extent to which the right or freedom “must be limited” to protect Islam.

The constitution makes no mention of freedom of religion. Although it contains a provision prohibiting discrimination “of any kind,” it does not list religion as a prohibited basis for discrimination. The constitution states individuals have a right to freedom of thought and expression, but only in a manner “not contrary to the tenets of Islam.”

The law prohibits the conversion of a Muslim to another religion. By law, a violation may result in the loss of the convert’s citizenship, although a judge may impose a harsher punishment per sharia jurisprudence. Although the law does not stipulate such punishment, sharia jurisprudence is often understood by the public and religious scholars to provide for the death penalty in cases of conversion from Islam (i.e., apostasy), but the government has made no such statement.

The law states both the government and the people must protect “religious unity.” Any statement or action found to be contrary to this objective is subject to criminal penalty. Specific infractions include expressing religious beliefs other than Islam, disrupting religious unity, and having discussions or committing acts that promote religious differences. The list of infractions also includes delivering religious sermons in a way that infringes upon the independence and sovereignty of the country or limiting the rights of a specific section of society. According to the law, sentences for violators may include a fine of up to 20,000 rufiyaa ($1,300), imprisonment for two to five years, or deportation for foreigners.

Laws criminalize speech breaking Islamic tenets, breaching social norms, or threatening national security. The penal code criminalizes “criticism of Islam.” According to the law, a person commits the offense of “criticizing Islam” by “engaging in religious oration or criticism of Islam in public or in a public medium with the intent to cause disregard for Islam; producing, selling, or distributing material criticizing Islam; producing, selling, distributing, importing, disseminating, or possessing ‘idols of worship’; and/or attempting to disrupt the religious unity of the citizenry and conversing and acting in a manner likely to cause ‘religious segregation.’” Individuals convicted of these offenses are subject to imprisonment for up to one year.

By law, no one may deliver sermons or explain religious principles in public without obtaining a license from the MIA. Imams may not prepare Friday sermons without government authorization. To obtain a license to preach, the law specifies an individual must be a Sunni Muslim, have a degree in religious studies from a university recognized by the government, and not have been convicted of a crime in sharia court. The law also sets educational standards for imams to ensure they have theological qualifications the government considers adequate. Government regulations stipulate the requirements for preaching and contain general principles for the delivery of religious sermons. The regulations prohibit making statements in sermons that may be interpreted as racial or gender discrimination, discouraging access to education or health services in the name of Islam, or demeaning the character of and/or creating hatred toward persons of any other religion. The law provides for a punishment of two to five years in prison or house arrest for violations of these provisions. Anyone who assists in such a violation is subject to imprisonment or house arrest for two to four years and a fine of 5,000 to 20,000 rufiyaa ($320 to $1,300). The law requires foreign scholars to ensure their sermons conform to the country’s norms, traditions, culture, and social etiquette.

Propagation of any religion other than Islam is a criminal offense, punishable by two to five years in prison or house arrest. Proselytizing to change denominations within Islam is also illegal and carries the same penalty. If the offender is a foreigner, authorities may revoke the individual’s license to preach in the country and deport the individual.

By law, mosques and prayer houses are under the control of the MIA. The law prohibits the establishment of places of worship for non-Islamic religious groups.

The law states, “Non-Muslims living in or visiting the country are prohibited from openly expressing their religious beliefs, holding public congregations to conduct religious activities, or involving Maldivians in such activities.” By law, those expressing religious beliefs other than Islam face imprisonment of up to five years or house arrest, fines ranging from 5,000 to 20,000 rufiyaa ($320 to $1,300), and deportation.

By law, a female citizen may not marry a non-Muslim foreigner unless he first converts to Islam. A male citizen may marry a non-Muslim foreigner if the foreigner is Christian or Jewish; other foreigners must convert to Islam prior to marriage.

The law prohibits importation of any items the MIA deems contrary to Islam, including religious literature, religious statues, alcohol, pork products, and pornographic materials. Penalties for contravention of the law range from three months’ to three years’ imprisonment. It is against the law to offer alcohol to a citizen, although government regulations permit the sale of alcoholic beverages to foreigners on resort islands. Individuals must request permission to import restricted goods from the Ministry of Economic Development.

The constitution states education shall strive to “inculcate obedience to Islam” and “instill love for Islam.” In accordance with the law, the MIA regulates Islamic instruction in schools, while the Ministry of Education funds salaries of religious instructors in schools. By law, educators who teach Islamic studies must have a degree from a university or teaching center accredited by the Maldives Qualification Authority or other religious qualification recognized by the government. By law, foreigners who wish to teach Islamic studies may receive authorization to do so only if they subscribe to Sunni Islam. Islam is a compulsory subject for all primary and secondary school students. The curriculum incorporates Islam into all subject areas at all levels of education, specifying eight core competencies underpinned by Islamic values, principles, and practices. In practice, foreign, non-Muslim children are allowed to opt out of studying Islam.

The constitution states Islam forms one basis of the law, and “no law contrary to any tenet of Islam shall be enacted.” The constitution specifies judges must apply sharia in deciding matters not addressed by the constitution or by law, but sharia is not considered applicable to non-Muslims.

The penal code prescribes flogging for unlawful sexual intercourse (adultery, fornication, and same-sex relations), incest, false accusation of unlawful sexual intercourse, failing to fast during Ramadan, or (for Maldivian citizens only) consuming pork or alcohol. Other sharia penalties are not specified, but the code grants judges the discretion to impose sharia penalties for certain offenses under sharia – including murder, apostasy, assault, theft, homosexual acts, drinking alcohol, and property damage – if proven beyond all doubt. The penal code requires that all appeal processes be exhausted prior to the administration of sharia punishments specific to these offenses, including stoning, amputation of hands, and similar punishments.

The Supreme Council of Fatwa has the authority to issue fatwas, or legal opinions, on religious matters. The council functions under the MIA and comprises five members appointed to five-year terms. The President names three members directly and chooses a fourth from the faculty of either the Maldives National University or the Islamic University of Maldives. The Minister of Islamic Affairs recommends the fifth member, subject to the President’s approval.

The constitution stipulates the President, cabinet ministers, members of parliament, and judges must be Sunni Muslims.

The country is a party to the International Covenant on Civil and Political Rights (ICCPR), with a reservation stating the government’s application of the principles set out in ICCPR Article 18, which relates to religious freedom, shall be “without prejudice to the Constitution of the Republic.”

The U.S. government estimates the total population at 4.0 million (midyear 2020 estimate). According to host government estimates, Sunni Muslims constitute approximately 99 percent of the population. Unofficial estimates, however, indicate that Shia Muslims constitute 1 percent of the population and non-Muslims, mostly Christians and a small number of Jews, make up a further 1 percent. Almost all non-Muslims are foreigners.

Legal Framework

The constitution defines the country as an Islamic republic and recognizes Islam as the sole religion of its citizenry and the state. The law and legal procedures derive from a combination of French civil law and sharia. The judiciary consists of a single system of courts that relies on a combination of sharia and secular legal principles.

The law prohibits apostasy. The criminal code requires a death sentence for any Muslim convicted of apostasy, but the government has never applied this provision since it was enacted in 2018.

The criminal code also treats blasphemy as a capital offense and subject to the death penalty. Courts may consider an individual’s repentance as a mitigating factor in determining the punishment for offenses related to blasphemy and apostasy. The government has never applied capital punishment for blasphemy.

The penal code stipulates that the penalty for unmarried individuals of any gender caught engaging in sexual activity is 100 lashes and imprisonment of up to one year. The penalty for married individuals convicted of adultery is death by stoning, although the last such stoning occurred more than 30 years ago. The penal code requires death by stoning for males convicted of consensual homosexual activity. These punishments apply only to Muslims.

The government does not register Muslim religious groups, but all nongovernmental organizations (NGOs), including humanitarian and development NGOs affiliated with religious groups, must register with the Ministry of Interior. Faith-based NGOs must also agree to refrain from proselytizing or otherwise promoting any religion other than Islam. The law requires the Ministry of Interior to authorize in advance all group meetings, including non-Islamic religious gatherings and those held in private homes.

By law, the MIATE is responsible for enacting and disseminating fatwas, fighting “extremism,” promoting research in Islamic studies, organizing the Hajj and Umrah pilgrimages, and monitoring mosques. The government also appoints the High Council for Fatwa and Administrative Appeals, which advises the government on conformity of legislation to Islamic precepts, and which has sole authority to regulate fatwa issuance and resolve related disputes among citizens and between citizens and public agencies.

The law requires members of the Constitutional Council and the High Council of Magistrates to take an oath of office that includes a promise to God to uphold the law of the land in conformity with Islamic precepts.

Public schools and private secondary schools, but not international schools, are required to provide four hours of Islamic instruction per week. Religious instruction in Arabic is required for students seeking the baccalaureate.

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

The U.S. government estimates the total population at 214 million (midyear 2020 estimate). While there are no official indicators of religious affiliation in the country, the Pew Global Religious Futures report estimates it is roughly evenly divided between Muslims and Christians, while approximately 2 percent belong to other or no religious groups. Many individuals syncretize indigenous animism with Islam or Christianity.

A 2010 Pew report found 38 percent of the Muslim population self-identifies as Sunni, the vast majority of whom belong to the Maliki school of jurisprudence, although a sizable minority follows the Shafi’i school of fiqh. The same study found 12 percent of Muslims in the country self-identify as Shia, with the remainder declining to answer or identifying as “something else” (5 percent) or “just a Muslim” (42 percent). Included among the Sunnis are several Sufi brotherhoods including Tijaniyyah, Qadiriyyah, and Mouride. There are also Izala (Salafist) minorities and small numbers of Ahmadi and Kalo Kato (Quraniyoon) Muslims. A 2011 Pew report found roughly one quarter of Christians are Roman Catholic and three quarters Protestant, with small numbers of Orthodox or other Christian denominations. Among Protestant groups, the Anglican, Baptist, and Presbyterian Churches maintain the largest populations, while evangelicals, Pentecostals, Anabaptists (Church of the Brethren in Nigeria), Methodists, Seventh-day Adventists, New Apostolics, The Church of Jesus Christ of Latter-day Saints, and Jehovah’s Witnesses report tens of thousands of adherents each. Other communities include Baha’is, Jews (both internationally recognized and unrecognized, as well as significant numbers of other Judaic-oriented groups), Hindus, Sikhs, Buddhists, animists, and individuals who do not follow any religion.

The Hausa, Fulani, and Kanuri ethnic groups are most prevalent in the predominantly Muslim North West and North East regions. Significant numbers of Christians, including some Hausa, Fulani, and Kanuri, also reside in the North East and North West. Christians and Muslims reside in approximately equal numbers in the North Central and South West regions, including Lagos, where the Yoruba ethnic group – whose members include both Muslims and Christians – predominates. In the South East and South South region, where the Igbo ethnic group is dominant, Christian groups, including Catholics, Anglicans, and Methodists, constitute the majority. In the Niger Delta region, where ethnic groups include Ijaw, Igbo, Ogoni, Efik, Ibibio, and Uhrobo, among others, Christians form a substantial majority; a small but growing minority of the population is Muslim. Evangelical Christian denominations are growing rapidly in the North Central and South East, South South, and South West regions. Ahmadi Muslims maintain a small presence in several cities, including Lagos and Abuja. The Shia Muslim presence is heavily concentrated in the North West region states of Kaduna, Katsina, Sokoto, Zamfara, and Kano.

Legal Framework

The constitution stipulates neither the federal nor the state governments shall establish a state religion and prohibits discrimination on religious grounds. It provides for freedom of thought, conscience, and religion, including the freedom to change one’s religion and to manifest and propagate religion “in worship, teaching, practice, and observance,” provided these rights are consistent with the interests of defense, public safety, order, morality, or health, and protecting the rights of others. The constitution also states it shall be the duty of the state to encourage interfaith marriages and to promote the formation of associations that cut across religious lines and promote “national integration.” It prohibits political parties that limit membership based on religion or have names that have a religious connotation. The constitution highlights religious tolerance, among other qualities, as a distinct component of the “national ethic.”

The constitution provides for states to establish courts based on sharia or customary (traditional) law, in addition to common law civil courts, although civil courts have preeminence over all other courts. Sentences may be appealed from sharia and customary courts to civil courts. In addition to civil courts, sharia courts function in 12 northern states and the Federal Capital Territory. Customary courts function in most of the 36 states. The nature of a case and the consent of the parties usually determine what type of court has jurisdiction. The constitution specifically recognizes sharia courts for noncriminal proceedings; such courts do not have the authority to compel participation by non-Muslims or Muslims. At least one state, Zamfara, requires sharia courts to hear noncriminal cases in which all litigants are Muslim and provides the option to appeal any decision to the common law court. Non-Muslims have the option to have their cases tried in civil or sharia courts.

In addition to noncriminal matters, sharia courts also hear criminal cases if both the complainant and defendant are Muslim and agree to the venue. Despite constitutional language supporting only secular criminal courts and the prohibition against involuntary participation in sharia criminal courts, a Zamfara State law requires a sharia court hear all criminal cases involving Muslims in that state. Sharia courts may pass sentences based on the sharia penal code, including for serious criminal offenses for which the Quran and Islamic law provide hudud punishments such as caning, amputation, and stoning. Defendants have the right to challenge the constitutionality of sharia criminal statutes through common law appellate courts. The highest appellate court for sharia-based decisions is the Supreme Court, staffed by common law judges who, while not required to have any formal training in the sharia penal code, may seek advice from sharia experts. Included in the sharia laws are blasphemy laws which can carry sentences up to and including the death penalty, though the secular court system has historically vacated such sentences on appeal.

In the states of Kano and Zamfara, state-sanctioned Hisbah Boards regulate Islamic religious affairs and preaching, license imams, and attempt to resolve religious disputes between Muslims in those states. The states of Bauchi, Borno, Katsina, and Yobe maintain state-level Christian and Muslim religious affairs ministries or bureaus with varying mandates and authorities, while many other state governors appoint interfaith special advisers on religious affairs.

On August 7, President Muhammadu Buhari signed into law the Companies and Allied Matters Act of 2020 (CAMA), which streamlines procedures for and increases the ease of doing business in the country by outlining management responsibilities of businesses and organizations. The law contains provisions that, according to some legal scholars, could place some smaller religious organizations under the administrative control of the government.

Both federal and state governments have the authority to regulate mandatory religious instruction in public schools. The constitution prohibits schools from requiring students to receive religious instruction or to participate in or attend any religious ceremony or observance pertaining to any religion other than their own. State officials and many religious leaders stated that students have the right to request a teacher of their own religious beliefs to provide an alternative to any instruction offered in a religion other than their own. The constitution also states that no religious community shall be prevented from providing religious instruction to students of that community in any place that community wholly maintains.

Several states have laws requiring licenses for preachers, places of worship, and religious schools of registered religious groups. In Katsina State, the law establishes a board with the authority to regulate Islamic schools, preachers, and mosques, including by issuing permits, suspending operations, and imprisoning or fining violators. The Katsina law stipulates a punishment of one to five years in prison, a fine of up to 500,000 naira ($1,300), or both for operating without a license.

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

The U.S. government estimates the total population at 234.4 million (midyear 2020 estimate). According to the provisional results of a national census conducted in 2017 (the most recent), 96 percent of the population is Sunni or Shia Muslim. According to government figures, the remaining 4 percent includes Ahmadi Muslims (whom national law does not recognize as Muslim); Hindus; Christians, including Roman Catholics, Anglicans and Protestants, among others; Parsis/Zoroastrians; Baha’is; Sikhs; Buddhists; Kalash; and Kihals and Jains.

Sources vary on the precise breakdown of the Muslim population between Sunni and Shia Muslims. Sunnis are generally believed to be 80-85 percent of the Muslim population, and Shia Muslims, including Hazara, Ismaili, and Bohra (a branch of Ismaili), are generally believed to make up 15-20 percent. Unofficial estimates vary widely with regard to the size of minority religious groups. Religious community representatives estimate religious groups not identifying as Sunni, Shia, or Ahmadi Muslim constitute 3 to 5 percent of the population.

According to the 2017 census results, the population is 1.6 percent Hindu, 1.6 percent Christian, 0.2 percent Ahmadi Muslim, and 0.3 percent others, to include Baha’is, Sikhs, and Zoroastrians. Taking into account the Ahmadi boycott of the official census, however, community sources put the number of Ahmadi Muslims at approximately 500,000 to 600,000. Estimates of the Zikri Muslim community, located in Balochistan, range between 500,000 and 800,000 individuals. Several minority rights advocacy groups dispute the provisional results of the 2017 census and state the numbers underrepresent their true population and their political influence, because minority seats in the national and provincial parliaments are allocated based on census figures.

Legal Framework

The constitution establishes Islam as the state religion but states, “Subject to law, public order, and morality, every citizen shall have the right to profess, practice, and propagate his religion.” According to the constitution, every citizen has the right to freedom of speech, subject to “reasonable restrictions in the interest of the glory of Islam,” as stipulated in the penal code. According to the penal code, the punishments for persons convicted of blasphemy include the death penalty for “defiling the Prophet Mohammed,” life imprisonment for “defiling, damaging, or desecrating the Quran,” and up to 10 years’ imprisonment for “insulting another’s religious feelings.” Speech or action intended to incite religious hatred is punishable by up to seven years’ imprisonment. Under the 2016 Prevention of Electronic Crimes Act (PECA), the Ministry of Religious Affairs and Interfaith Harmony is responsible for reviewing internet traffic and reporting blasphemous or offensive content to the Pakistan Telecommunications Authority for possible removal or to the Federal Investigative Agency for possible criminal prosecution.

The constitution defines “Muslim” as a person who “believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Mohammed… the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet after Mohammed.” It also states that “a person belonging to the Christian, Hindu, Sikh, Buddhist, or Parsi community, a person of the Qadiani group or the Lahori group (who call themselves Ahmadis), or a Baha’i, and a person belonging to any of the scheduled castes” is a “non-Muslim.”

According to the constitution and the penal code, Ahmadis may not call themselves Muslims or assert they are adherents of Islam. The penal code bans them from “posing as Muslims,” using Islamic terms, carrying out Islamic customs, preaching or propagating their religious beliefs, proselytizing, or “insulting the religious feelings of Muslims.” The punishment for violating these provisions is imprisonment for up to three years and a fine, the amount of which is at the discretion of the sentencing judge.

The penal code does not explicitly criminalize apostasy, but renouncing Islam is widely considered by clerics to be a form of blasphemy, which can carry the death penalty.

The government may use the antiterrorism courts, established as a parallel legal structure under the 1997 Antiterrorism Act, to try cases involving violent crimes, terrorist activities, and acts or speech deemed by the government to foment religious hatred, including blasphemy.

The constitution states no person shall be required to take part in any religious ceremony or attend religious worship relating to a religion other than the person’s own.

The constitution provides for “freedom to manage religious institutions.” It states every religious denomination shall have the right to establish and maintain its own institutions. The constitution states no person shall be compelled to pay any special tax for the propagation or maintenance of a religion other than the person’s own. The government collects a mandatory, automatic 2.5 percent zakat (tax) from Sunni Muslims who hold savings accounts in banks. It distributes the funds through a government-run charity as stipends for poor families and students, payment for medical treatment, and support to Sunni mosques and madrassahs registered with the government. Sunni Muslims who want to distribute zakat themselves may request an exemption, and Shia Muslims are exempted by filling out a declaration of faith form.

The constitution mandates that the government take steps to enable Muslims, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to promote the observance of Islamic moral standards. It directs the state to endeavor to secure the proper organization of Islamic tithes, religious foundations, and places of worship.

The Ministry of Religious Affairs and Interfaith Harmony is responsible for organizing participation in the Hajj and other Islamic religious pilgrimages. Authorities also consult the ministry on matters such as blasphemy and Islamic education. The ministry’s budget covers assistance to indigent minorities, repair of minority places of worship, establishment of minority-run small development projects, celebration of minority religious festivals, and provision of scholarships for religious minority students.

The law prohibits publishing any criticism of Islam or its prophets or insults to others’ religious beliefs. The law bans the sale of Ahmadiyya religious literature.

The provincial and federal governments have legal responsibility for certain minority religious properties abandoned during the 1947 partition of British India.

The constitution states that no person attending any educational institution shall be required to attend religious instruction or take part in any religious ceremony relating to a religion other than the person’s own. It also states that no religious denomination shall be prevented from providing religious instruction for pupils of its denomination in an educational institution maintained by the denomination.

The constitution states the government shall make Islamic studies compulsory for all Muslim students in state-run schools. Although students of other religious groups are not legally required to study Islam, schools do not always offer parallel studies in their own religious beliefs. In some schools, however, non-Muslim students may study ethics. Parents may send children to private schools, including religious schools, at the family’s expense. In Punjab, Sindh, and Khyber Pakhtunkhwa Provinces, private schools are also required to teach Islamic studies and the Quran to Muslim students.

By law, madrassahs are prohibited from teaching or encouraging sectarian or religious hatred or violence. Wafaqs (independent academic boards) register seminaries, regulate curricula, and issue degrees. The five wafaqs each represent major streams of Islamic thought in the country: Barelvi, Deobandi, Shia, Ahle Hadith, and the Jamaat-i-Islami, which is considered ultraconservative. The wafaqs operate through an umbrella group, Ittehad-e-Tanzeemat-e-Madaris Pakistan, to represent their interests to the government. The government requires all madrassahs to register with the Ministry of Education in addition to registration with one of the five wafaqs.

The constitution states, “All existing laws shall be brought into conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah [Islam’s body of traditional social and legal custom and practice].” It further states no law shall be enacted which is “repugnant” to Islam. The constitution states this requirement shall not affect the “personal laws of non-Muslim citizens” or their status as citizens. Some personal laws regulating marriage, divorce, and inheritance for minority communities date from prepartition British legislation.

The constitution establishes a Federal Shariat Court (FSC) composed of Muslim judges to examine and decide whether any law or provision is “repugnant to the injunctions of Islam.” The constitution gives the FSC the power to examine a law of its own accord or at the request of the government or a private citizen. The constitution requires the government to amend the law as directed by the court. The constitution also grants the FSC “revisional jurisdiction” (the power to review of its own accord) over criminal cases in the lower courts relating to certain crimes under the Hudood Ordinance, including rape and those linked to Islamic morality, such as extramarital sex, alcohol use, and gambling. The court may suspend or increase the sentence given by a criminal court in these cases. The FSC’s review power applies whether the cases involve Muslims or non-Muslims. Non-Muslims may not appear before the FSC. If represented by a Muslim lawyer, however, non-Muslims may consult the FSC in other matters, such as questions of sharia or Islamic practice that affect them or violate their rights. By law, decisions of the FSC may be appealed to the Supreme Court’s Shariat Appellate Bench. A full bench of the Supreme Court may grant a further appeal.

The constitution establishes a Council of Islamic Ideology to make recommendations, at the request of the parliament and provincial assemblies, as to “the ways and means of enabling and encouraging Muslims to order their lives in accordance with the principles of Islam.” The constitution further empowers the council to advise the legislative and executive branches when they choose to refer a question to the council as to whether a proposed law is or is not “repugnant to the injunctions of Islam.”

In the absence of specific language in the law authorizing civil or common law marriage, marriage certificates are signed by religious authorities and registered with the local marriage registrar. The province-level Sindh Hindu Marriage Act and the national-level Hindu Marriage Act (applying to federal territory and all other provinces) codify legal mechanisms to formally register and prove the legitimacy of Hindu marriages. In addition to addressing a legal gap by providing documentation needed for identity registration, divorce, and inheritance, the Hindu Marriage Acts allow marriages to be voided when consent “was obtained by force, coercion, or by fraud.” The acts allow for the termination of the marriage upon the conversion of one party to a religion other than Hinduism. The Sindh provincial government has legislation allowing couples to seek divorce and granting Hindu women the right to remarry six months after a divorce or a spouse’s death. The Sindh Hindu Marriage Act also applies to Sikh marriages. The Punjab Sikh Anand Karaj Marriage Act allows local government officials in that province to register marriages between a Sikh man and Sikh woman solemnized by a Sikh Anand Karaj marriage registrar.

Some court judgments have considered the marriage of a non-Muslim woman to a non-Muslim man dissolved if she converts to Islam, although the marriage of a non-Muslim man who converts remains recognized.

The constitution directs the state to “safeguard the legitimate rights and interests of minorities,” to secure the well-being of the people irrespective of creed, and to discourage sectarian prejudices. It forbids discrimination against any religious community in the taxation of religious institutions. The National Commission on Human Rights (NCHR), an independent government-funded agency that reports to parliament, is required to receive petitions, conduct investigations, and request remediation of human rights abuses. The NCHR is also mandated to monitor the government’s implementation of human rights and review and propose legislation. It has quasi-judicial powers and may refer cases for prosecution but does not have arrest authority. A constitutional amendment devolves responsibility for minorities’ affairs, including religious minorities, to the provinces.

According to the constitution, there shall be no discrimination on the basis of religion in appointing individuals to government service, provided they are otherwise qualified. There is a 5 percent minimum quota for hiring religious minorities (primarily Hindus, Christians, Sikhs, Kalash, and Parsis but excluding Shia and Ahmadi Muslims) at the federal and provincial levels of government.

The constitution prohibits discriminatory admission based on religious affiliation to any governmental educational institution. According to regulations, the only factors affecting admission to government schools are students’ grades and home provinces, although students must declare their religious affiliation on application forms. This declaration is also required for private educational institutions, including universities. Students who identify themselves as Muslims must declare in writing they believe Mohammed is the final prophet. Non-Muslims are required to have the head of their local religious communities verify their religious affiliation. There is no provision in the law for atheists.

The National Database and Registration Authority (NADRA) designates religious affiliation on passports and requires religious information in national identity card and passport applications. Those wishing to be listed as Muslims must swear they believe Mohammed is the final prophet and must denounce the Ahmadiyya movement’s founder as a false prophet and his followers as non-Muslim. There is no option to state “no religion.” National identity cards are required for all citizens upon reaching the age of 18. Identification cards are used for voting, pension disbursement, social and financial inclusion programs, and other services.

The constitution requires the President and Prime Minister to be Muslims. All senior officials, including members of parliament, must swear an oath to protect the country’s Islamic identity. The law requires elected Muslim officials to swear an oath affirming their belief that Mohammed is the final prophet of Islam. This requirement effectively prohibits Ahmadi Muslims from holding elected office, as they recognize a prophet subsequent to Mohammed.

The constitution reserves seats for non-Muslim members in both the national and provincial assemblies. The 342-member National Assembly has 10 reserved seats for non-Muslims. The 104-member Senate has four reserved seats for non-Muslims, one from each province. In the provincial assemblies, there are three such reserved seats in Khyber Pakhtunkhwa; eight in Punjab; nine in Sindh; and three in Balochistan. Political parties elected by the general electorate choose the minority individuals who hold these seats; they are not elected directly by the minority constituencies they represent.

The country is party to the International Covenant on Civil and Political Rights (ICCPR), and maintains two reservations: first, that ICCPR Article 3 regarding equal rights of men and women would be “applied as to be in conformity with Personal Law of the citizens and Qanoon-e-Shahadat Order, 1984 (Law of Evidence),” under which the in-court testimony of men in certain civil matters pertaining to contracts and financial obligations is given greater weight than that of women; and second, that ICCPR Article 25, on the equal right for citizens to take part in public service, would be subject to articles of the constitution mandating that the President and Prime Minister be Muslims.

The U.S. government estimates the total population as 2.4 million (midyear 2020 estimate). Citizens make up approximately 12 percent of the population, while noncitizens account for approximately 88 percent. Most citizens are Sunni Muslims, and almost all of the remaining citizens are Shia Muslims. Reliable figures are unavailable, but estimates based solely on the religious composition of expatriates suggest Muslims, while they are the largest religious group, likely make up less than half of the total population. The breakdown of the noncitizen population between Sunni, Shia, and other Muslim groups is not available.

Other religious groups, which are composed exclusively of expatriates, include (in descending order of size) Hindus, almost exclusively from India and Nepal; Roman Catholics, primarily from the Philippines, Europe, and India; and Buddhists, largely from South, Southeast, and East Asia. Smaller groups include Anglicans and Protestant denominations, Egyptian Copts, Baha’is, and Greek and other Eastern Orthodox.

Legal Framework

The constitution declares Islam to be the state religion and states sharia shall be “a main source” of legislation. According to the constitution, the Emir must be Muslim. The constitution provides for hereditary rule by men in the Emir’s branch of the al Thani family. The Emir exercises full executive power. The constitution guarantees the “freedom to practice religious rites” to all persons “in accordance with the law and the requirements of the maintenance of public order and morality.” It prohibits discrimination on the basis of religion.

Conversion to another religion from Islam is defined by the law as apostasy and is illegal, although there have been no recorded punishments for apostasy since the country’s independence in 1971.

The law provides for a prison sentence of up to seven years for offending or misinterpreting the Quran, “offending” Islam or any of its rites or beliefs, insulting any of the prophets, or defaming, desecrating, or committing blasphemy against Islam, Christianity, or Judaism. The law stipulates a seven-year prison term for producing or circulating material containing slogans, images, or symbols defaming these three religions. The law also prohibits publication of texts provoking social discord or religious strife, with punishment of up to six months in prison.

To obtain an official presence in the country, expatriate non-Muslim religious groups must apply to register with the Ministry of Foreign Affairs (MFA). The only registered religious groups are Sunni and Shia Muslims and eight Christian denominations, which are the Roman Catholic, Anglican, Greek Orthodox, Syrian Orthodox, Coptic, Maronite, evangelical Protestant, and the Interdenominational Christian Churches. Protestant denominations other than the registered eight denominations, including nondenominational house churches, may register with the government with the support of the CCSC, an umbrella organization consisting of representatives of the eight already registered denominations.

Non-Christian groups must apply for registration through the MFA. Registered groups may hold bank accounts in the organization’s name, apply for property to build worship space (or have already built structures, such as private villas, recognized as worship spaces to avoid problems with authorities), import religious texts, and publish religious newsletters or flyers for internal distribution. Unregistered entities are unable to open accounts, solicit funds, worship in private spaces legally, acquire religious texts from outside the country, publish religious-themed newsletters or pamphlets, or legally hire staff.

According to the law, unregistered religious groups (i.e., those not registered or under the patronage of one of the registered groups) that engage in worship activities are illegal, and members of those groups are subject to deportation.

The law restricts public worship for non-Islamic faiths. It prohibits non-Muslim religious groups from displaying religious symbols, which includes banning Christian congregations from advertising religious services or placing crosses outdoors where they are visible to the public. The law criminalizes proselytizing on behalf of an organization, society, or foundation of any religion other than Islam and provides for punishment of up to 10 years in prison. Proselytizing on one’s own accord for any religion other than Islam may result in a sentence of up to seven years’ imprisonment. The law calls for two years’ imprisonment and a fine of 10,000 riyals ($2,700) for possession of written or recorded materials or items that support or promote missionary activity. The law allows importation of religious holy books, such as Bibles.

The government regulates the publication, importation, and distribution of all religious books and materials. The government reviews, censors, or bans foreign newspapers, magazines, films, and books for objectionable sexual, religious, and political content. Religious groups may publish newsletters without government censorship but may only distribute them internally within their respective communities. To import religious materials, groups must submit one copy to the Ministry of Culture and Sports and receive written approval before making large orders or risk having the entire shipment confiscated.

The only religions registered to have their own places of worship are Islam and Christianity. All mosques and Islamic institutions in the country must be registered with the Ministry of Endowments and Islamic Affairs (MEIA). The law designates the MEIA Minister as the final authority for approving Islamic religious centers. The MFA approves non-Islamic houses of worship in coordination with the private office of the emir.

The Office of the Secretary General of the MFA, working in coordination with the director of the MFA’s Human Rights Department, is responsible for handling church affairs.

A non-Muslim woman is not required by law to convert to Islam when marrying a Muslim; the law considers offspring of such a marriage to be Muslim, however. The law dictates that a non-Muslim man marrying a Muslim woman must convert to Islam.

Islamic instruction is compulsory for Muslim and non-Muslim students attending state-sponsored schools. Non-Muslims may provide private religious instruction for their children at home or in their faith services. All children may attend secular and coeducational private schools. These schools must offer optional Islamic instruction; non-Islamic religious education is prohibited.

A unified civil court system, incorporating sharia and secular law, has jurisdiction over both Muslims and non-Muslims. The unified court system applies sharia in family law cases, including those related to inheritance, marriage, divorce, and child custody. For Shia Muslims, a judicial panel decides cases regarding marriage, divorce, inheritance, and other family matters using Shia interpretations of religious law. In other religious matters, family law applies across all branches of Islam. Non-Muslims are subject to sharia in cases of child custody, but civil law covers other personal status cases, including those related to divorce and inheritance.

Criminal law is based on the principles of sharia. The type of crime determines whether those convicted receive a sharia-based sentence. There are certain criminal charges, such as alcohol consumption and extramarital sex, for which Muslims are punished according to sharia principles, including court-ordered flogging. Sharia-based punishments may also apply to non-Muslims in these cases. The government often commutes harsher punishments mandated by sharia. Muslim convicts may earn a sentence reduction of a few months by memorizing the Quran while imprisoned. Secular law covers dispute resolution for financial service companies. The law approves implementing the Shia interpretation of sharia upon the agreement and request of the parties involved in the dispute.

The penal code stipulates that individuals seen eating or drinking during daylight hours during Ramadan are subject to a fine of 3,000 riyals ($820), three months’ imprisonment, or both.

The country is a party to the International Covenant on Civil and Political Rights (ICCPR). The government submitted documents to the United Nations in 2018, and made a formal statement in its treaty accession document, that the government shall interpret Article 18, paragraph 2, of the ICCPR (“No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice”) “based on the understanding that it does not contravene the Islamic sharia” and that the government would reserve the right to implement paragraph 2 in accordance with its understanding of sharia. The government also formally stated in its accession document that it would interpret several other provisions of the ICCPR in line with sharia, including Article 27 (regarding the rights of minorities “to profess and practice their own religion”). The government made a formal reservation against being bound by gender equality provisions in Article 3 and Article 23.4 regarding family law and inheritance.

The U.S. government estimates the country’s total population at 34.2 million (midyear 2020 estimate). In 2019, the UN estimated that approximately 38.3 percent of the country’s residents are foreigners. Between 85 and 90 percent of the approximately 21 million Saudi citizens are Sunni Muslims.

Shia Muslims constitute 10 to 12 percent of the citizen population and an estimated 25 to 30 percent of the Eastern Province’s population. Approximately 80 percent of Shia are “Twelvers” (Shia who recognize 12 imams) and are primarily located in the Eastern Province. The Nakhawala, or “Medina Shia,” are also Twelvers and reside in small numbers in the western Hejaz region. Estimates place their numbers at approximately 1,000. Twelver Shia adhere to the Ja’afari school of jurisprudence. Most of the remaining Shia are Sulaimani Ismailis, also known as “Seveners” (those who branched off from the Twelvers to follow Isma’il ibn Ja’afar as the Seventh Imam). Seveners number approximately 500,000 and reside primarily in Najran Province, where they are believed to constitute a majority of the province’s inhabitants. Another branch of Sevener Shia, the Bohra Ismailis, reportedly number several hundred, most of South Asian origin. Pockets of Zaydis, members of another branch of Shia Islam, numbering in total approximately 20,000, reside primarily in the provinces of Jizan and Najran along the border with Yemen.

Legal Framework

The Basic Law of Governance establishes the country as a sovereign Arab Islamic state, the religion of which is Islam. The Basic Law defines the country’s constitution as the Quran and the Sunna (sayings and teachings of the Prophet Mohammed) and states the “decisions of judges shall not be subject to any authority other than the authority of the Islamic sharia.” The Basic Law contains no legal recognition or protection of freedom of religion. Conversion from Islam to another religion is grounds for the charge of apostasy, which is legally punishable by death, although courts have not carried out a death sentence for apostasy in recent years.

The Basic Law states the duty of every citizen is to defend Islam, society, and the homeland. Non-Muslims must convert to Islam before they are eligible to naturalize. The law requires applicants for citizenship to attest to being Muslim and to obtain a certificate documenting their religious affiliation endorsed by a Muslim religious authority. Children born to Muslim fathers are deemed Muslim by law.

The judicial system is largely based on laws derived from the Quran and the Sunna. All judges are religiously trained, although they often also have specialized knowledge of nonreligious legal subjects. In several areas, including commercial and financial matters and criminal law related to electronic and cybercrimes or terrorism, jurisprudence increasingly is based on international models rather than religious texts. Law on religious matters, which often affects civil law, particularly on personal status issues, is developed by fatwas (official interpretations of religious law) issued by the 21-person CSS that reports to the King. By law, these fatwas must be based on the Quran and Sunna. The Basic Law also states that governance is based on justice, shura (consultation), and equality, according to sharia.

The law specifies a hierarchical organization and composition of the CSS, the Permanent Committee for Scholarly Research and Religious Rulings, and the Office of the Mufti, together with their functions. The Basic Law recognizes the CSS, supported by the Permanent Committee for Scholarly Research and Religious Rulings, as the supreme authority on religious matters. The CSS is headed by the Grand Mufti and is composed of Sunni religious scholars and jurists, 18 of whom are from the Hanbali school of jurisprudence, with one representative of each of the other Sunni schools (Malaki, Hanafi, and Shafi’i). There are no Shia members. Scholars are chosen at the King’s discretion and serve renewable four-year terms, with many serving for life.

The counterterrorism law criminalizes, among other things, “calling for atheist thought in any form or calling into question the fundamentals of the Islamic religion.” It criminalizes “anyone who challenges, either directly or indirectly, the religion or justice of the King or Crown Prince.”

According to the Basic Law of Governance, “The Judiciary is an independent authority. The decisions of judges shall not be subject to any authority other than the authority of the Islamic sharia. The courts shall apply rules of the Islamic sharia in cases that are brought before them, according to the Holy Quran and the Sunna, and according to laws which are decreed by the ruler in agreement with the Holy Quran and the Sunna.” In the absence of a common law system and comprehensive criminal code, rulings and sentences can diverge widely. Criminal appeals may be made to the appellate and supreme courts, where in some instances, appellate decisions have resulted in a harsher sentence than the original court decision. Government universities provide training in all four Sunni schools of jurisprudence, with a focus on the Hanbali school.

In legal cases involving accidental death or injury, compensation sometimes differs according to the religious affiliation of the plaintiff. In the event a court renders a judgment in favor of a plaintiff who is a Jewish or Christian male, a court may rule the plaintiff is entitled to receive 50 percent of the compensation that a Muslim male would. In some circumstances, other non-Muslims may only receive one-sixteenth the amount a male Muslim would receive.

The Basic Law requires the state to protect human rights in accordance with sharia. The HRC, a government entity, is tasked with protecting, enhancing, and ensuring implementation of international human rights standards “in light of the provisions of sharia,” and regularly follows up on citizen complaints. There are no formal requirements regarding the composition of the HRC. During the year, the commission had approximately 26 members from various parts of the country, including four Shia members.

Blasphemy against Islam is legally punishable by death, but courts have not sentenced individuals to death for blasphemy since 1992. Punishments for blasphemy may include lengthy prison sentences. Criticism of Islam, including expression deemed offensive to Muslims, is forbidden on the grounds of preserving social stability.

In April, the Supreme Court instructed all courts to end flogging as a ta’zir (discretionary) criminal sentence and to replace it with prison sentences or fines. As a result of this decision, flogging may no longer be used against those convicted of blasphemy, public immodesty, sitting alone with a person of the opposite sex, and a range of other crimes. However, judicial officials noted that flogging still may be included in sentences for three hudood offenses (crimes that carry specific penalties under the country’s interpretation of Islamic law): drunkenness, sexual conduct between unmarried persons, and false accusations of adultery.

In April, a royal decree abolished ta’zir death penalty sentences for those who committed crimes as minors. (The Juvenile Law sets the legal age of adulthood at 18, based on the Hijri calendar.) Minor offenders, however, who are convicted of qisas, a category of crimes that includes various types of murder, or hudood offenses could still face the death penalty. The royal decree also capped prison sentences for minors at 10 years.

The country is the location of Mecca and Medina, Islam’s two holiest sites. The government prohibits non-Muslims from entering central Mecca or religious sites in Medina. Muslims visit these cities on the annual Hajj pilgrimage and during Umrah pilgrimage throughout the rest of the year. The government has stated that caring for the holy cities of Mecca and Medina is a sacred trust exercised on behalf of all Muslims. The King employs the official title of “Custodian of the Two Holy Mosques,” in reference to the two cities. Citing reasons of public safety and logistics, the government establishes national quotas for foreigners and issues permits to Muslim residents (including its own nationals) to participate in the Hajj.

Sunni Muslim clerics are vetted and employed by the MOIA. Only government-employed clerics are permitted to deliver sermons, which must be vetted by the MOIA in advance.

Clerics traveling abroad to proselytize must be granted approval by the MOIA and operate under MOIA supervision. The stated purpose of this regulation is to limit the ability of religious scholars to travel or to preach overseas and to prevent the actual or apparent interference by clerics in the domestic affairs of other states.

Public school students at all levels receive mandatory religious instruction based on Sunni Islam according to the Hanbali school of jurisprudence. Private schools are not permitted to deviate from the official, government-approved religious curriculum. Private international schools are required to teach Saudi students and Muslim students of other nationalities an Islamic studies course, while non-Muslim, non-Saudi students sometimes receive a course on Islamic civilization or alternative coursework in place of the curriculum designed for Saudi students; courses entail one hour of instruction per week. Private international schools may also teach courses on other religions or civilizations.

The Commission for the Promotion of Virtue and Prevention of Vice (CPVPV) is a government agency charged with monitoring social behavior and reporting violations of moral standards to law enforcement authorities. The CPVPV’s powers have been significantly curbed in recent years and its activities are now limited to providing counseling and reporting individuals suspected of violating the law to police. The CPVPV may not detain, arrest, pursue, or demand the identification documents of any person; these actions are explicitly reserved to the purview of law enforcement officials. The Ministry of Interior (MOI) oversees CPVPV operations on the King’s behalf. According to law, the CPVPV must “uphold its duties with kindness and gentleness as decreed by the examples of the Prophet Mohammed.” CPVPV field officers do not wear uniforms, but they are required to wear identification badges.

A royal decree bans publishing anything “contradicting sharia, inciting disruption, serving foreign interests that contradict national interests, and damaging the reputation of the Grand Mufti, members of the Council of Senior Religious Scholars, or senior government officials.”

Social media users who post or share content considered to attack religion face imprisonment for up to five years under the Anticybercrime Law. Those found guilty of distributing content online deemed to disrupt public order, public morals, or religious values may also be subject to a fine of three million riyals ($800,000).

The law does not allow for political parties or similar associations. The law does not protect the right of individuals to organize politically and specifically bans a number of organizations with political wings, including the Muslim Brotherhood, as regional and local terrorist groups.

The country is not a party to the International Covenant on Civil and Political Rights.

The U.S. government estimates the total population at 11.8 million (midyear 2020 estimate). Other sources, including the World Bank, estimate the population to be at least 15.4 million. According to the Federal Ministry of Endowments and Religious Affairs, more than 99 percent of the population is Sunni Muslim. According to the World Atlas, members of other religious groups combined constitute less than 1 percent of the population and include a small Christian community of approximately 1,000; a small Sufi Muslim community; and an unknown number of Shia Muslims, Hindus, Buddhists, Jews, and those not affiliated with any religion. Foreign workers, who are primarily from East African countries, belong mainly to non-Muslim religious groups.

The Somali Bantu population, the majority of whom are Muslim, largely inhabits the southern and central regions of the country near the Shabelle and Jubba Rivers. Some Somali Bantu also maintain traditional animist beliefs.

Legal Framework

The PFC provides for the right of individuals to practice their religion but prohibits the propagation of any religion other than Islam. It states all citizens, regardless of religion, have equal rights and duties before the law but establishes Islam as the state religion and requires laws to comply with sharia principles. While the PFC does not explicitly prohibit Muslims from converting to other religions, sharia has been interpreted to forbid conversion from Islam. No exemptions from application of sharia legal principles exist for non-Muslims under the law.

Somaliland’s constitution makes Islam the state religion, prohibits Muslims from converting, prohibits the propagation of any religion other than Islam, and stipulates all laws must comply with the general principles of sharia. Other administrations, including Galmudug, Hirshabelle, Jubaland, and South West State, have constitutions identifying Islam as the official religion. These constitutions stipulate all laws must comply with the general principles of sharia. Galmudug, Hirshabelle, and South West State have not enacted laws directly addressing religious freedom.

The national penal code generally remains valid in all regions of the country. It does not prohibit conversion from Islam to another religion, but it criminalizes blasphemy and “defamation of Islam,” which carry penalties of up to two years in prison. Given sharia’s role as the ostensible basis for national laws and the prohibition under Islamic jurisprudence for Muslims’ conversion to other religions, the relationship among sharia, the PFC, and the penal code remains unclear.

The PFC requires the President, but not other office holders, to be Muslim. The Somaliland constitution requires Somaliland’s President and candidates for Vice President and the House of Representatives to be Muslim.

The judiciary in most areas relies on xeer (traditional and customary law), sharia, and the penal code. Xeer is believed to predate Islamic and colonial traditions, and in many areas, elders will look to local precedents of xeer before examining relevant sharia references. Each area individually regulates and enforces religious expression, often inconsistently. In areas controlled by al-Shabaab, sharia is the only formally recognized legal system, although reports indicate that xeer is applied in some cases. The PFC recognizes xeer as a mechanism for dispute resolution. In 2017, the federal government adopted a traditional dispute resolution policy that mainstreams the application of xeer but limits its application to mediating “nonserious” crimes. The application of xeer to criminal matters is not standardized.

The Somaliland constitution prohibits the formation of political parties based on a particular religious group, religious beliefs, or interpretation of religious doctrine, while the PFC and the constitutions of other FMS administrations do not contain this prohibition.

The Federal Ministry of Endowments and Religious Affairs has legal authority to register religious groups. Guidance on how to register or what is required is inconsistent. The ministry has no ability to enforce such requirements outside of Mogadishu. Somaliland has no mechanism to register religious organizations and no specific requirements to register Islamic groups. Other FMS administrations have no mechanism to register religious organizations.

In Somaliland, religious schools and formal places of worship must obtain permission to operate from the Somaliland Ministry of Religion. Somaliland law does not articulate consequences for operating without permission. Other FMS administrations require formal places of worship and religious schools to obtain permission to operate from local authorities.

The Federal Ministry of Endowments and Religious Affairs is responsible for monitoring religious affairs and promoting religious tolerance between practitioners of Islam and members of minority religious groups. Specific responsibilities of the ministry include arranging affairs for Somali Hajj pilgrims and developing messaging to counter al-Shabaab ideology. It also has the mandate to regulate religious instruction throughout the country. The law requires Islamic instruction in all schools, public or private. Private schools have more flexibility in determining their curriculum. These schools must request approval from the Federal Ministry of Education, Culture, and Higher Education; however, requests are infrequent. Non-Muslim students attending public schools may request an exemption from Islamic instruction, but according to federal and FMS authorities, there have been no such requests.

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

The U.S. government estimates the total population at 10 million (midyear 2020 estimate). Approximately 11 percent are citizens, of whom more than 85 percent are Sunni Muslims, according to media reports. The vast majority of the remainder are Shia Muslims, who are concentrated in the Emirates of Dubai and Sharjah.

Of the estimated 89 percent of noncitizen residents, the majority comes from South and Southeast Asia. Although no official statistics are available on the percentage of the noncitizen population who are Muslim or the breakdown between Sunni and Shia Muslims, media estimates suggest less than 20 percent of the noncitizen Muslim population is Shia.

Of the total population (both citizen and noncitizen), the 2005 census, the most recent, found 76 percent of the population to be Muslim, 9 percent Christian, and 15 percent from other noncitizen religious groups comprising mainly Hindus and Buddhists, and also including Parsis, Baha’is, Druze, Sikhs, and Jews. Ahmadi Muslims, Ismaili Muslims, and Dawoodi Bohra Muslims together constitute less than 5 percent of the total population and are almost entirely noncitizens. The Pew Research Center estimated that in 2010, 76.9 percent of the total population was Muslim, 12.6 percent Christian, 6.6 percent Hindu, 2 percent Buddhist, with the remainder belonging to other faith traditions.

Legal Framework

The constitution designates Islam as the official religion. It guarantees freedom of religious worship “in accordance with established customs,” provided this “does not conflict with public policy or violate public morals.” The constitution states all citizens are equal before the law and prohibits discrimination on grounds of religious belief. The constitution states that the country is an independent, sovereign, and federal state comprised of seven emirates.

The law prohibits black magic, sorcery, and incantations, which are punishable by a prison term ranging from six months to three years and deportation for noncitizens.

The law does not directly prohibit Muslims from converting to other religions; but the penal code’s blasphemy provisions punish behavior viewed as contemptuous of the Quran and the Prophet Muhammad or offensive to Islamic teachings.

The law provides for imprisonment of up to five years for preaching against Islam or proselytizing to Muslims. The law also prohibits “abusing” a holy shrine or ritual of any religion, insulting any religion, inciting someone to commit sin or contravene national values, labeling someone an infidel or unbeliever, and forming groups or holding meetings with the purpose of provoking religious hatred. Offenders are subject to fines up to two million dirhams ($545,000) and imprisonment that generally ranges from five to 10 years or more.

The law prohibits blasphemy, defined as any act insulting God, religions, prophets, messengers, holy books, or houses of worship. Offenders are subject to imprisonment for five or more years and fines from 250,000 dirhams ($68,100) to two million dirhams ($545,000); noncitizens may be deported. The law prohibits any form of expression, including through broadcasting, printed media, or the internet, that the government determines is contradictory to Islam as well as literature it deems blasphemous or offensive toward religions.

Federal law does not require religious organizations to register or obtain a license to practice, although the formation of a legal entity, which requires some form of registration, is necessary for operational functions, such as opening a bank account or renting space. Each emirate oversees registration and licensing of non-Muslim religious organizations and the process differs by emirate, organization, and circumstance; these procedures are not published by the emirate governments. The federal government has also granted some religious organizations land in free-trade zones, where they legally registered by applying for a trade license that allows them some operational functions. In Dubai, religious organizations are required to obtain a license from the Community Development Authority (CDA). The governments of the emirates of Abu Dhabi and Dubai also require religious communities to obtain permits for certain activities, including holding public events and worshipping in temporarily rented spaces, such as hotels.

The federal law requires Muslims and non-Muslims to refrain from eating, drinking, and smoking in public during fasting hours during the month of Ramadan. Violations of the law are punishable by one month’s imprisonment or a fine not exceeding 2,000 dirhams ($540). The law prohibits Muslims from drinking alcohol or knowingly eating pork throughout the year. The government announced a series of legal reforms in November decriminalizing the consumption of alcohol but had not published the text of the reforms by year’s end. Despite legal prohibitions on eating during daylight hours during Ramadan, most local authorities across the country grant exemptions allowing non-Muslims to eat during the day in malls, hotels, and some stand-alone restaurants.

The federal law prohibits churches from erecting bell towers or displaying crosses or other religious symbols on the outside of their premises, although they may place signs on their properties indicating they are churches.

Islamic studies are mandatory for all students in public schools and for Muslim students in private schools. The government does not provide instruction in any religion other than Islam in public schools. In private schools, non-Muslim students are not required to attend Islamic study classes. All students, however, are required to take national social studies classes, which include teaching on Islam. The government permits Christian-affiliated schools to provide instruction tailored to the religious background of the student; for example, Islamic studies for Muslim students, Christian instruction for Christian students, and ethics or comparative religions for others.

Private schools deemed to be teaching material offensive to Islam, defaming any religion, or contravening the country’s ethics and beliefs face potential penalties, including closure. All private schools, regardless of religious affiliation, must register with the government. Private schools are required to have a license from the federal Ministry of Education, and their curriculum must be consistent with a plan of operation submitted to and approved by the ministry. Administrative oversight of the schools is a responsibility of each emirate’s government.

Land ownership by noncitizens is restricted to designated freehold areas. Outside of special economic zones and designated freehold areas, the law restricts majority company ownership to citizens except in certain exempted sectors. This restriction is an impediment to most minority religious communities, which consist of noncitizens, that wish to purchase property to build houses of worship.

The law prohibits multiple forms of discrimination, including religious, and criminalizes acts the government interprets as provoking religious hatred or insulting religion through any form of expression. It also criminalizes the broadcasting, publication, and transmission of such material by any means, including audio/visual or print media or via the internet, and prohibits conferences or meetings the government deems promote discrimination, discord, or hatred. Violations of the law carry penalties of five years’ imprisonment and a fine of up to one million dirhams ($272,000).

According to the constitution, sharia is the principal source of legislation, although the judicial system applies both sharia and civil law, depending on the case. Sharia forms the basis for judicial decisions in most family law matters for Muslims, such as marriage and divorce, and inheritance for both Muslims and non-Muslims; however, in the case of noncitizens, the parties may petition the court to have the laws of their home country apply, rather than sharia. Sharia also applies in some criminal matters. Civil law provides the basis for decisions on all other matters. Shia Muslims in Dubai may pursue Shia family law cases through a special Shia council rather than through the regular judicial system. When sharia courts try non-Muslims for criminal offenses, judges have the discretion to impose civil or sharia penalties. In these cases, judges generally impose civil penalties. Higher courts may overturn or modify sharia penalties.

In November, the country’s President announced decrees amending the federal laws on personal status, civil transactions, the penal code, and criminal procedures. Amendments to the penal code and criminal procedure law repealed “the article giving [a] reduced (lenient) sentence in what are called honor crimes.” “Honor” killings will henceforth be treated as normal murder cases. In other amendments, noncitizens may choose not to apply sharia in cases involving divorce and inheritance, and other acts “that do not harm others,” leaving to prosecutors and judges to define those specific acts.

The Fatwa Council, headed by the president of the Forum for Promoting Peace in Muslim Societies, is tasked with presenting a clear image of Islam, including issuing general fatwas and licensing individuals to issue fatwas, train muftis, and conduct research, in coordination with the Awqaf.

Under the law, citizen and noncitizen Muslim men may marry non-Muslim women who are “people of the book” (Christian or Jewish). Muslim women may not marry non-Muslim men. Marriages between non-Muslim men and Muslim women are not recognized under the law; non-Muslim men and Muslim women who marry are subject to arrest, trial, and imprisonment on grounds of engaging in extramarital sex, which carries a minimum sentence of one year in prison; any extramarital sex between persons of any religion is subject to the same penalties.

Strict interpretation of sharia – which often favors the father – does not apply to child custody cases, and courts have applied the “the best interests of the child” standard since 2010. According to sharia, a divorced woman may lose custody of her children to their father once daughters reach 13 years of age and sons 11 years of age. Women may file for continued custody until a daughter marries or a son finishes his education. The father, deemed the guardian, provides for the child financially, while the mother, the custodian, provides day-to-day care of the child.

The country’s citizenship law does not include religion as a prerequisite for naturalization. Non-Muslim wives of citizens are eligible for naturalization after seven years of marriage, if the couple has a child, or 10 years of marriage if the couple has no children. There is no automatic spousal inheritance provision for wives under the law if the husband is Muslim and the wife is non-Muslim. Such wives may not inherit their husband’s property unless named as a beneficiary in their husband’s will. In the event of a divorce between a Muslim father and non-Muslim mother, sharia usually applies.

Abu Dhabi’s Judicial Department permits Christian leaders to legally mediate divorces for Christians and agnostics if the bride and groom are both residents of the emirate. The government permits church officials to officiate at weddings for non-Muslims, but the couple must also obtain the marriage certificate from the Abu Dhabi Judicial Department. In both cases of marriage and divorce, the church official must be registered with the Abu Dhabi Department of Community Development as officially recognized to perform these acts.

Noncitizens may register wills in the emirate in which they live. In November, the government announced changes to the personal status laws allowing the general terms of a will to be dealt with according to the law of the country specified in the will or, in cases where a country is not specified in the will, the law of the deceased person’s country of nationality. This is not applicable to property purchased in the UAE, however, which remains subject to UAE law. The government had not published the text of these reforms by year’s end. Non-Muslims are able to register their wills with the Abu Dhabi judicial system as a way to safeguard their assets and preserve their children’s inheritance rights. In Dubai, foreigners may file wills at the Dubai International Financial Center (DIFC) Court Wills and Probate Registry, which may cover assets held in the UAE as well as abroad. The DIFC Wills Service Center allows non-Muslim business owners and shareholders to designate an heir. Dubai wills not filed in the DIFC Court are subject to sharia. There are courts for personal status and for inheritance for non-Muslims in the Abu Dhabi Court of First Instance.

The law prohibits activities the government deems supportive of political or extremist interpretations of Islam. These include the use of the internet or any other electronic means to promote views the government believes insult religions, promote sectarianism, damage national unity or the reputation of the state, or harm public order and public morals. Punishment may include imprisonment and fines from 500,000 dirhams ($136,000) to one million dirhams ($272,000). Electronic violations of the law are subject to a maximum fine of four million dirhams ($1.09 million). The law prohibits membership in groups the government designates as terrorist organizations, with penalties up to life imprisonment and capital punishment.

Under the law, local authorities concerned with mosque affairs are responsible for naming mosques, providing and supervising the needs of mosques and prayer spaces, determining the timing of the second call to prayer, organizing religious lectures, and preparing sermons. The law also defines acts prohibited in mosques, prayer spaces, and Eid Musallas (open prayer spaces outside of mosques or prayer halls smaller than mosques) without a license, such as giving lectures or sermons, holding Quran memorization circles, fundraising, and distributing written and visual material. The law further stipulates citizen applicants must be given first consideration for vacant positions at mosques. The law prohibits those working in mosques from belonging to any illegal group or from participating in any political or organizational activities.

The law restricts charitable fundraising activities, including by religious organizations, by prohibiting the collection of donations or advertising fundraising campaigns without prior approval from authorities. Violations of the law are subject to a fine of no less than 50,000 dirhams ($13,600). Under the cybercrimes law, the use of any information technology to promote the collection of any type of donation without a license is subject to a fine between 200,000 dirhams ($54,500) and 500,000 dirhams ($136,000).

Individuals who donate to unregistered charities and fundraising groups may be punished with a three-year prison term or a fine between 250,000 dirhams ($68,100) and 500,000 dirhams ($136,000).

In Abu Dhabi, the General Authority of Islamic Affairs and Endowments is entrusted with overseeing Muslim religious affairs across mosques, sermons, imam tutelage, and publications. Non-Muslim religious affairs fall under the mandate of the DCD, which regulates, licenses, and oversees non-Islamic houses of worship, religious leaders, religious events organized outside houses of worship, and fundraising activities across the emirate.

The Dubai CDA is the official body mandated to oversee all civil institutions and nonprofits in the emirate, including non-Muslim religious groups. The CDA issues operating licenses and permits for events and monitors fundraising activities. The law states that civil institutions may only collect donations or launch fundraising campaigns after obtaining the CDA’s written approval. Fines for noncompliance range from 500 dirhams ($140) to 100,000 dirhams ($27,200).

The country is not a party to the International Covenant on Civil and Political Rights.

The U.S. government estimates the total population at 29.8 million (midyear 2020 estimate). More than 99 percent of the population is Muslim (2010 estimate), associating their beliefs with either the Shafi’i order of Sunni Islam or Zaydi Islam, a distinct form of Shia Islam. There are also significant numbers of Sunni followers of the Maliki and Hanbali schools, and significant numbers of Ismaili and Twelver followers of Shia Islam. While there are no official statistics, the U.S. government estimates 65 percent of the population is Sunni and 35 percent Zaydi. Baha’is, Jews, Hindus, and Christians, many of whom are refugees or temporary foreign residents, comprise less than 1 percent of the population. Christian groups include Roman Catholics and Anglicans. According to the UN Group of Experts, many Ethiopian and Eritrean Christian economic migrants transit the country on their way to find work in Saudi Arabia, making the total number of Christians subject to fluctuation.

There is no firm estimate of the number of persons of Indian origin or of those who practice Hinduism, Sikhism, or the Dawoodi Bohra variant of Ismaili Shia Islam residing in the country. The preconflict Hindu population was 150,000 (2010 estimate), concentrated in Aden, Mukalla, Shihr, Lahaj, Mokha, and Hudayah. According to one source, the current number of Indian nationals is fewer than 3,000. Many members of the Indian-origin community have resided in the country for generations and hold Yemeni nationality.

The Jewish community is an indigenous non-Muslim minority religious group. Reports estimate approximately 20 to 40 Jews remain, concentrated in Sana’a and Raydah, in Amran Governorate north of Sana’a.

Legal Framework

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 who “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 that “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 spared 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” 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’ imprisonment if the ridiculed religion is Islam.

There is no provision for the registration of religious groups.

By law, the government must authorize construction of any 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 beliefs as an objective of secondary education. Public schools are required to teach Sunni and Shia students the same curriculum, but the government is unable to enforce it in Houthi-controlled areas, where instructional materials indicate schools are teaching Zaydi principles only.

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