ANB-BIA SUPPLEMENT

ISSUE/EDITION Nr 322 - 15/04/1997

Mozambique

Islamic Holidays

by Joao de Brito Langa, Mozambique, January 1997

THEME = RELIGION

INTRODUCTION

Mozambique's Supreme Court has ruled that the law establishing two Islamic Feast Days: the Id al-Fitr (the feast of ending the Ramadan fast) and the Id al-Adha (the feast of Sacrifice), as national holidays in Mozambique, is in breach of the Constitution (cf. ANB-BIA Nr 301. Suppl., p. IV)

The Opinion of the Supreme Court is issued in accordance with Article 202 of the Constitution of the Republic, which states that: "Until the Constitutional Council begins its functions, its competence is vested in the Supreme Court". In making its decision, the Supreme Court has also taken into account that when the Constitution Court is established, Article 181 of the Constitution gives it necessary powers "to consider and pronounce on the unconstitutionality and illegality of legislation and orders emanating from the State apparatus".
Parliament had approved the above-mentioned law, stating the necessity of "conferring dignity on the dates commemorating the end of Ramadan and the Day of Sacrifice and, at the same time, enabling the Islamic community, as an integral and significant part of the Mozambican people, to attend the religious ceremonies connected with those dates" (March 1996).

Supreme Court judgement

In its judgement, the Supreme Court was of the opinion that although the State is a secular state, this must not be taken to signify indifference or disinterest by the State in religious questions. However, taking into account the country's public order needs, the State cannot participate in "discriminatory acts which, in violation of the constitutional principle of equality among all citizens, would confer advantages and privileges to one religious group in detriment of others".
The Supreme Court went even further, stating that "this happens when we declare the Islamic religious feasts of Id al-Fitr and Id al-Adha as national holidays, whereas the religious feasts of other faiths do not receive the same treatment".
In its argument, the Supreme Court explained that, even if the Islamic religion were followed by a majority of the population, according a national holiday on their religious feasts, would always be a violation of the principle of equality.

National unity threatened

The Supreme Court went on to say: "It is the understanding of this judicial body, that to decree a holiday for that religion, amounts to an enhancement of that religion, investing it with a special status that the others do not possess. To instruct all citizens, believers and non-believers, to forcibly interrupt their activities for religious reasons, breaches the principle of equality of all citizens, and the freedom to practice or not to practice a religion". The Supreme Court further stated that "to decree a national holiday on those days, does not promote a climate of social understanding and tolerance, nor does it strengthen national unity, which are objectives set out in Article 9, Number 3 of the Constitution".
The Supreme Court concluded its judgement by stating that: "to establish the Id al-Fitr and the Id al-Adha as national holidays could result in social disharmony, leading to religious intolerance, with all the nefarious consequences that this implies, and eventually to national disunity".
It should be remembered that the proposed law on Islamic holidays had been submitted to Parliament by Members from both RENAMO and FRELIMO.

END

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