The Constitution and the citizenship paradox...

One of the most striking features of the recently ratified constitution of Maldives that could pose perhaps one of the most challenging and daunting scenarios in the years ahead, seems to be the conflicting Article on citizenship (Article 9 of Chapter 1-“Maahdhaa” 9 of “Baabu” 1).

It has been widely rumoured that the constitution does not allow the citizenship of Maldives to any body who is not a Muslim. However, due to the existing wordings of Article 9, it is not certain whether a person who is already recognised a Maldivian citizen but has already revoked the Islamic faith could be stripped off the citizenship. Thus, this matter has to be referred to the Constitutional Court (in case of Maldives, it is the future Supreme Court) for clarification in the due process of a court case. However, this Article would definitely prevent non-Muslim children born to a (Muslim or non-Muslim) parent who already holds the citizenship of Maldives under the old constitution from becoming a Maldivian citizen.

This Article (specially clause d -or "raa" of Article 9) perhaps represents the views of at least 90% of the population of the country (perhaps, more).

Thus due to the sensitivity of the issue at hand, almost all the political figures of the country are keeping tight lipped on this issue, afraid of playing with the sentiments of the people thereby potentially losing out in the political battle field.

I wish to explore, albeit slightly, into this issue as it is one of the most critical issues that the country may face in the coming years (due to various reasons).

I believe that aforementioned Article on citizenship may not be a wise decision that the politicians took during the Constitutional amendments process.

First of all if the rationale behind this Article is to protect the Islamic faith of the Maldivian people, I believe that it may prove to do more harm than good in this cause! It may bring more negative effect, which dwarfs that due to the impracticality of implementing this Article or that due to the potential international pressure.

Let’s be frank and think about this (why deny the reality?)…the Maldivian people are relatively uneducated in terms of what Islam is all about and what it teaches and how to follow it properly. A sizeable section of the people are indulging in various un-Islamic acts and practices whilst being ignorant of this, whilst another section of the people are drifting towards the other extreme end, and another significant section of the people, specially from the youth are having doubts about the faith and thus not convinced of it (but afraid to ask questions about it) and a smaller sub-section of this last section have even completely left the religion (for another faith or no faith).

It is this small sub-section of the population that can become bigger and bigger when politicians take such unwise and irresponsible decisions in the parliament. Why? It is because such a clause, which is not really necessary to the religion of Islam can obscure the people from the truth of Islam, thereby enlarging the ever increasing ‘gap’ between the latter section of the population (which is mostly from the youth) and the scholars and the other (older) section of the population, and eventually losing them out of Islam.

There are many such unnecessary ‘features’ in our society, in various aspects of our lives, which is obscuring the truth of the message of Islam from these young minds, minds that do not necessarily operate in the same ‘wavelength’ as that of the scholars and the older generations. We got to work extra hard to create the intellectual space that our youth desperately needs. We have to focus on intellectually reaching out to all these sections of our population and work towards guiding them towards the right path. Because unless we do this, we are losing out, in one way or another, on a number of our fellow Maldivians to drift out of the fold of Islam…an outcome none of us want!

This requirement of extra work is even more important given the extremely irresponsible role played by the government and various political figures in derailing the efforts being put in by an increasing number of educated individuals and groups in educating the public about Islam!

Thus instead of creating such ‘barriers’ why not focus on educating ourselves and the youth in following what Islam really teaches?...How can we possibly protect our Islamic faith (and save a lot of our youth from going astray) without learning it and following it?

This perhaps cannot be done by putting a few clauses in the constitution (which does not even seem to go along with the Islamic teachings)…!