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Staatsvorm en wettelijke structuur van
een aantal landen met overwegend Islamitische bevolking




Er wordt regelmatig beweerd dat Islam "in de praktijk" geen scheiding van Kerk en Staat doorvoert. Als dat waar is, zouden alle landen met overwegend Islamitische bevolking theocratiën moeten zijn en zou overal de Islamtische Wet als enige wettelijke basis moeten gelden. Het overzicht hierna, waarvan de gegevens afkomstig zijn van het "CIA World Factbook 2004", bewijst het tegendeel: in veruit de meeste gevallen is de wettelijke basis ofwel een burgerlijke wet, ofwel een mengvorm van koloniale wetten met aspecten uit de Islamitische wet.

Bron van onderstaande informatie: CIA Word Factbook 2004

Country Independence Government Legal System Religion
Afghanistan 19 August 1919 (from UK control over Afghan foreign affairs) transitional according to the new constitution, no law is contrary to Islam; the state is obliged to create a prosperous and progressive society based on social justice, protection of human dignity, protection of human rights, realization of democracy, and to ensure national unity and equality among all ethnic groups and tribes; the state shall abide by the UN charter, international treaties, international conventions that Afghanistan signed, and the Universal Declaration of Human Rights Sunni Muslim 80%, Shi'a Muslim 19%, other 1%
Albania 28 November 1912 (from Ottoman Empire) emerging democracy has a civil law system; has not accepted compulsory ICJ jurisdiction; has accepted jurisdiction of the International Criminal Court for its citizens Muslim 70%, Albanian Orthodox 20%, Roman Catholic 10% Note: percentages are estimates; there are no available current statistics on religious affiliation; all mosques and churches were closed in 1967 and religious observances prohibited; in November 1990, Albania began allowing private religious practice
Algeria 5 July 1962 (from France) republic socialist, based on French and Islamic law; judicial review of legislative acts in ad hoc Constitutional Council composed of various public officials, including several Supreme Court justices; has not accepted compulsory ICJ jurisdiction Sunni Muslim (state religion) 99%, Christian and Jewish 1%
Azerbaijan 30 August 1991 (from Soviet Union) republic based on civil law system Muslim 93.4%, Russian Orthodox 2.5%, Armenian Orthodox 2.3%, other 1.8% (1995 est.) Note: religious affiliation is still nominal in Azerbaijan; percentages for actual practicing adherents are much lower
Bahrain 15 August 1971 (from UK) constitutional hereditary monarchy based on Islamic law and English common law Shi'a Muslim 70%, Sunni Muslim 30%
Bangladesh 16 December 1971 (from West Pakistan); note - 26 March 1971 is the date of independence from West Pakistan, 16 December 1971 is known as Victory Day and commemorates the official creation of the state of Bangladesh parliamentary democracy based on English common law Muslim 83%, Hindu 16%, other 1% (1998)
Comoros 6 July 1975 (from France) independent republic French and Sharia (Islamic) law in a new consolidated code Sunni Muslim 98%, Roman Catholic 2%
Djibouti 27 June 1977 (from France) republic based on French civil law system, traditional practices, and Islamic law Muslim 94%, Christian 6%
Egypte 28 February 1922 (from UK) republic based on English common law, Islamic law, and Napoleonic codes; judicial review by Supreme Court and Council of State (oversees validity of administrative decisions); accepts compulsory ICJ jurisdiction, with reservations Muslim (mostly Sunni) 94%, Coptic Christian and other 6%
Eritrea 24 May 1993 (from Ethiopia) transitional government note: following a successful referendum on independence for the Autonomous Region of Eritrea on 23-25 April 1993, a National Assembly, composed entirely of the People's Front for Democracy and Justice or PFDJ, was established as a transitional legislature; a Constitutional Commission was also established to draft a constitution; ISAIAS Afworki was elected president by the transitional legislature; the constitution, ratified in May 1997, did not enter into effect, pending parliamentary and presidential elections; parliamentary elections had been scheduled in December 2001, but were postponed indefinitely; currently the sole legal party is the People's Front for Democracy and Justice (PFDJ) primary basis is the Ethiopian legal code of 1957, with revisions; new civil, commercial, and penal codes have not yet been promulgated; also relies on customary and post-independence-enacted laws and, for civil cases involving Muslims, Sharia law Muslim, Coptic Christian, Roman Catholic, Protestant
Gambia 18 February 1965 (from UK) republic under multiparty democratic rule based on a composite of English common law, Koranic law, and customary law; accepts compulsory ICJ jurisdiction, with reservations Muslim 90%, Christian 9%, indigenous beliefs 1%
Guinea 2 October 1958 (from France) republic based on French civil law system, customary law, and decree; legal codes currently being revised; has not accepted compulsory ICJ jurisdiction Muslim 85%, Christian 8%, indigenous beliefs 7%
Indonesia 17 August 1945 (proclaimed independence) note: on 27 December 1949 the Netherlands recognized Indonesian independence republic based on Roman-Dutch law, substantially modified by indigenous concepts and by new criminal procedures and election codes; has not accepted compulsory ICJ jurisdiction Muslim 88%, Protestant 5%, Roman Catholic 3%, Hindu 2%, Buddhist 1%, other 1% (1998)
Iran 1 April 1979 (Islamic Republic of Iran proclaimed) theocratic republic the Constitution codifies Islamic principles of government Shi'a Muslim 89%, Sunni Muslim 9%, Zoroastrian, Jewish, Christian, and Baha'i 2%
Irak 3 October 1932 (from League of Nations mandate under British administration) none; note - the Interim Government was appointed on 1 June 2004 / Muslim 97% (Shi'a 60%-65%, Sunni 32%-37%), Christian or other 3%
Jordan 25 May 1946 (from League of Nations mandate under British administration) constitutional monarchy based on Islamic law and French codes; judicial review of legislative acts in a specially provided High Tribunal; has not accepted compulsory ICJ jurisdiction Sunni Muslim 92%, Christian 6% (majority Greek Orthodox, but some Greek and Roman Catholics, Syrian Orthodox, Coptic Orthodox, Armenian Orthodox, and Protestant denominations), other 2% (several small Shi'a Muslim and Druze populations) (2001 est.)
Kyrgyzstan 31 August 1991 (from Soviet Union) republic based on civil law system Muslim 75%, Russian Orthodox 20%, other 5%
Kuwait nominal constitutional monarchy nominal constitutional monarchy civil law system with Islamic law significant in personal matters; has not accepted compulsory ICJ jurisdiction Muslim 85% (Sunni 70%, Shi'a 30%), Christian, Hindu, Parsi, and other 15%
Lebanon 22 November 1943 (from League of Nations mandate under French administration) republic mixture of Ottoman law, canon law, Napoleonic code, and civil law; no judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction Muslim 59.7% (Shi'a, Sunni, Druze, Isma'ilite, Alawite or Nusayri), Christian 39% (Maronite Catholic, Melkite Catholic, Armenian Orthodox, Syrian Catholic, Armenian Catholic, Roman Catholic, Protestant), other 1.3% note: seventeen religious sects recognized
Lybia 24 December 1951 (from Italy) Jamahiriya (a state of the masses) in theory, governed by the populace through local councils; in fact, a military dictatorship based on Italian civil law system and Islamic law; separate religious courts; no constitutional provision for judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction Sunni Muslim 97%
Malaysia 31 August 1957 (from UK) constitutional monarchy note: Malaya (what is now Peninsular Malaysia) formed 31 August 1957; Federation of Malaysia (Malaya, Sabah, Sarawak, and Singapore) formed 9 July 1963 (Singapore left the Federation on 9 August 1965); nominally headed by the paramount ruler and a bicameral Parliament consisting of a nonelected upper house and an elected lower house; all of the Peninsular Malaysian states have hereditary rulers except Melaka and Penang; Sabah and Sarawak in East Malaysia have governors appointed by the Malaysian Government; powers of state governments are limited by the federal constitution; under the terms of federation, Sabah and Sarawak retain certain constitutional prerogatives (e.g., the right to maintain their own immigration controls); Sabah - currently holds 20 seats in House of Representatives and will hold 25 seats after the next election; Sarawak holds 28 seats in House of Representatives based on English common law; judicial review of legislative acts in the Supreme Court at request of supreme head of the federation; has not accepted compulsory ICJ jurisdiction Muslim, Buddhist, Daoist, Hindu, Christian, Sikh; note - in addition, Shamanism is practiced in East Malaysia
Mali 22 September 1960 (from France) republic based on French civil law system and customary law; judicial review of legislative acts in Constitutional Court (which was formally established on 9 March 1994); has not accepted compulsory ICJ jurisdiction Muslim 90%, indigenous beliefs 9%, Christian 1%
Mauretania 28 November 1960 (from France) republic a combination of Shari'a (Islamic law) and French civil law Muslim 100%
Morocco 2 March 1956 (from France) constitutional monarchy based on Islamic law and French and Spanish civil law system; judicial review of legislative acts in Constitutional Chamber of Supreme Court Muslim 98.7%, Christian 1.1%, Jewish 0.2%
Niger 3 August 1960 (from France) repubic based on French civil law system and customary law; has not accepted compulsory ICJ jurisdiction Muslim 80%, remainder indigenous beliefs and Christian
Nigeria 1 October 1960 (from UK) republic transitioning from military to civilian rule based on English common law, Islamic Shariah law (only in some northern states), and traditional law Muslim 50%, Christian 40%, indigenous beliefs 10%
Oman 1650 (expulsion of the Portuguese) monarchy based on English common law and Islamic law; ultimate appeal to the monarch; has not accepted compulsory ICJ jurisdiction Ibadhi Muslim 75%, Sunni Muslim, Shi'a Muslim, Hindu
Qatar 3 September 1971 (from UK) traditional monarchy discretionary system of law controlled by the amir, although civil codes are being implemented; Islamic law dominates family and personal matters Muslim 95%
Saudi-Arabia 23 September 1932 (Unification of the Kingdom) monarchy based on Islamic law, several secular codes have been introduced; commercial disputes handled by special committees; has not accepted compulsory ICJ jurisdiction Muslim 100%
Sierra Leone Independence Day, 27 April (1961) constitutional democracy based on English law and customary laws indigenous to local tribes; has not accepted compulsory ICJ jurisdiction Muslim 60%, indigenous beliefs 30%, Christian 10%
Somalia 1 July 1960 (from a merger of British Somaliland, which became independent from the UK on 26 June 1960, and Italian Somaliland, which became independent from the Italian-administered UN trusteeship on 1 July 1960, to form the Somali Republic) no permanent national government; transitional, parliamentary national government no national system; Shari'a and secular courts are in some localities Sunni Muslim
Sudan 1 January 1956 (from Egypt and UK) authoritarian regime - ruling military junta took power in 1989; government is run by an alliance of the military and the National Congress Party (NCP), formerly the National Islamic Front (NIF), which espouses an Islamist platform based on English common law and Islamic law; as of 20 January 1991, the now defunct Revolutionary Command Council imposed Islamic law in the northern states; Islamic law applies to all residents of the northern states regardless of their religion; some separate religious courts; accepts compulsory ICJ jurisdiction, with reservations Sunni Muslim 70% (in north), indigenous beliefs 25%, Christian 5% (mostly in south and Khartoum)
Syria 17 April 1946 (from League of Nations mandate under French administration) republic under military regime since March 1963 based on Islamic law and civil law system; special religious courts; has not accepted compulsory ICJ jurisdiction Sunni Muslim 74%, Alawite, Druze, and other Muslim sects 16%, Christian (various sects) 10%, Jewish (tiny communities in Damascus, Al Qamishli, and Aleppo)
Tajikistan 9 September 1991 (from Soviet Union) republic based on civil law system; no judicial review of legislative acts Sunni Muslim 85%, Shi'a Muslim 5%, other 10% (2003 est.)
Tanzania 26 April 1964; Tanganyika became independent 9 December 1961 (from UK-administered UN trusteeship); Zanzibar became independent 19 December 1963 (from UK); Tanganyika united with Zanzibar 26 April 1964 to form the United Republic of Tanganyika and Zanzibar; renamed United Republic of Tanzania 29 October 1964 republic based on English common law; judicial review of legislative acts limited to matters of interpretation; has not accepted compulsory ICJ jurisdiction mainland - Christian 30%, Muslim 35%, indigenous beliefs 35%; Zanzibar - more than 99% Muslim
Tunisia 20 March 1956 (from France) republic based on French civil law system and Islamic law; some judicial review of legislative acts in the Supreme Court in joint session Muslim 98%, Christian 1%, Jewish and other 1%
Turkije 29 October 1923 (successor state to the Ottoman Empire) republican parliamentary democracy derived from various European continental legal systems; accepts compulsory ICJ jurisdiction, with reservations Muslim 99.8% (mostly Sunni), other 0.2% (mostly Christians and Jews)
Turkmenistan 27 October 1991 (from the Soviet Union) republic based on civil law system Muslim 89%, Eastern Orthodox 9%, unknown 2%
United Arab Emirates 2 December 1971 (from UK) federation with specified powers delegated to the UAE federal government and other powers reserved to member emirates federal court system introduced in 1971; all emirates except Dubayy (Dubai) and Ra's al Khaymah are not fully integrated into the federal system; all emirates have secular and Islamic law for civil, criminal, and high courts Muslim 96% (Shi'a 16%), Christian, Hindu, and other 4%
Uzbekistan 1 September 1991 (from Soviet Union) republic; authoritarian presidential rule, with little power outside the executive branch evolution of Soviet civil law; still lacks independent judicial system Muslim 88% (mostly Sunnis), Eastern Orthodox 9%, other 3%
Yemen 22 May 1990, Republic of Yemen was established with the merger of the Yemen Arab Republic [Yemen (Sanaa) or North Yemen] and the Marxist-dominated People's Democratic Republic of Yemen [Yemen (Aden) or South Yemen]; previously North Yemen had become independent on NA November 1918 (from the Ottoman Empire) and South Yemen had become independent on 30 November 1967 (from the UK) republic based on Islamic law, Turkish law, English common law, and local tribal customary law; has not accepted compulsory ICJ jurisdiction Muslim including Shaf'i (Sunni) and Zaydi (Shi'a), small numbers of Jewish, Christian, and Hindu




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