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Lawyer Al-Shamlawi: National Action Charter & Constitution Regulated Khums as Religious Ritual, Should not be Subjected to Regulation of Law

2017-03-12 - 11:39 p

Bahrain Mirror: Lawyer Abdullah Al-Shamlawi, one of Bahrain's senior lawyers, said on his Twitter account that the National Action Charter of Bahrain and Constitution regulated Khums as a religious ritual that is not subjected to regulation of law. He explained that article 3 "Freedom of Beleif" of chapter One "Basic principles of the society" stipulates "The state ensures freedom of belief. Freedom of conscience shall be absolute. The state maintains inviolability of houses of worship and guarantees freedom to practice religious rites according to considered custom of the land." Besides, Article 22 of the Constitution stipulates "Freedom of conscience is absolute. The State shall guarantee the inviolability of places of worship and the freedom to perform religious rites and to hold religious processions and meetings in accordance with the customs observed in the country."

He added the charter stipulated that the state ensures freedom to practice religious rites according to considered custom of the land and the Constitution stipulated that the state shall guarantee holding religious processions and meetings in accordance with the customs observed in the country. Both the constitution and the charter decided to distance themselves from these issues and give them the charter and constitutional characters on the prevailing traditions with regards to Bahrain regarding exercising and practicing religious rituals, because they were followed before Bahrain's independence and after it, being the social contract. The same text was also mentioned in 2012 Constitution. If the constitutional legislators did not arrange these issues and left them to the prevailing traditions of the people, then, the normal legislator shall not regulate these issues being taboo."

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