"The relationship between religion and the state is a problematic one that emerges in its constitutional framework through the inclusion of texts within the constitutions that specify a specific religion for the state, which makes it, when applied legislatively, a thorny and ambiguous issue. This study examines, through the descriptive and analytical approach, the various forms of possible relationships between religion and state to develop democratic constitutions" by Ahmad Hosni Ashqar and Majed Abbadi
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An-Najah University Journal for Research - B (Humanities)

DOI

10.35552/0247.39.3.2339

Abstract

Objective: This study aims to investigate the relationship between religion and the state within its constitutional framework when constitutional texts include a specific religion for the state, which makes this - when applied legislatively - a thorny and ambiguous issue. Methodology: This study, through the descriptive analytical approach, examines the different forms of possible relations between religion and the state to develop democratic constitutions. Results: The study concluded several results, the most prominent of which is that considering Islam the official religion of the state involves respecting the rights of Muslims to practice their duties and organize their relationships and personal status, and not influencing other texts, some of which conflict with Sharia, such as equality between men and women, freedom of opinion and belief, freedom of assembly, and other rights. Recommendations: The study concluded several recommendations, the most important of which is the necessity of determining the mechanisms for interpreting constitutional texts in a decisive manner and setting clear determinants for the effects of constitutional texting on the state religion, the requirements for its application, and its position in relation to ordinary legislations.

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