Legal Framework
According to the constitution, the country is a “sovereign Muslim state” and
Islam is the religion of the state. The constitution guarantees freedom of
thought, expression, and assembly, and the state guarantees every
individual the freedom to practice their religion. The constitution states the
King holds the title “Commander of the Faithful” and that he is the protector
of Islam and the guarantor of the freedom to practice religious affairs in the
country. The constitution prohibits the enactment of laws or constitutional
amendments infringing upon its provisions relating to Islam, and it also
recognizes the Jewish community as an integral component of society.
According to the constitution, political parties may not be founded on
religion and may not denigrate or infringe on Islam. A political party may
not legally challenge Islam as the state religion. Religions other than Islam
and Judaism are not recognized by the constitution or laws. The law
prohibits basing a party on a religious, ethnic, or regional identity.
The constitution and the law governing media prohibit any individual,
including members of parliament, who are normally immune from arrest
while engaging in their parliamentary duties, from criticizing Islam on public
platforms, such as print or online media, or in public speeches. Such
expressions are punishable by imprisonment of up to two years, a fine of up
to 200,000 dirhams ($20,300), or both. Punishment may be increased to
five years’ imprisonment or a fine of 50,000 to 500,000 dirhams ($5,000 to
$50,000), or both, if the acts “are committed either by speech, scream, or
threat made in public places or public meetings, or by poster publicly
exhibited by sale, distribution, or any other means used for publicity,
including online, paper, and audiovisual forms.” Other provisions of the law
state that online speech offenses related to Islam can carry prison sentences
of two to six years.
The law penalizes anyone who “employs enticements to undermine the
faith” or converts a Muslim to another faith by exploiting a weakness or
need for assistance, or through the use of educational, health, or other
institutions; it provides punishments of six months to three years’