Gender and Land Rights Database


Direitos consagrados na Constituição

Constitution, adopted in 1971 through a public referendum and amended in 1980, 2005 and 2007 (15).

- Art. 2, as of the 1980 amendment, provides that “Islam is the religion of the state. Principles of Islamic law are the principal source of legislation.”

- Art. 8 states that “The State shall guarantee equality of opportunity to all citizens.”
- According to Art. 40, “All citizens are equal before the law. They have equal public rights and duties without discrimination due to sex, ethnic origin, language, religion or creed”. (15)
Articles 8 and 40 guarantee the principles of equality and non-discrimination for all citizens.
While the Constitution guarantees equality and freedom of belief, this must be viewed in light of the 1980 amendment to Article 2, identifying the Shari’a as the principal source of law (4).

- According to Art. 10, “The State shall guarantee the protection of motherhood and childhood, take care of children and youth and provide suitable conditions for the development of their talents.” (4)

- Art. 11 states that “The State shall guarantee the proper coordination between the duties of woman towards the family and her work in the society, considering her equal with man in the fields of political, social, cultural and economic life without violation of the rules of Islamic jurisprudence.” (4)

- Art. 29 states that it “shall be under the supervision of the people and the protection of the State. There are three kinds: public ownership, cooperative ownership and private ownership.”
- According to Art. 32, “Private ownership shall be represented by the unexploiting capital. The law organises the performance of its social function in the service of national economy within the framework of the development plan without deviation or exploitation. It may not be in conflict, in the ways of its use, with the general welfare of the people.”
- Art. 33 provides that “Private ownership shall be safeguarded and may not be put under sequestration except in the cases specified in the law and under a court judgment. It may not be expropriated save for the public benefit and against a fair compensation in accordance with the law. The right of inheritance to it is guaranteed.”
- According to Art. 37, “The law shall determine the maximum limit of agricultural ownership and shall guarantee protection for peasants and agricultural workers against exploitation.” (15)