The punishments for not observing Ramadan: penal code and social control
Fines, imprisonment and physical punishments are combined with strict social surveillance to ensure compliance with Ramadan.
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Ramadan is one of the five pillars of Islam and involves a Rigorous abstinence from eating, drinking, smoking and having sexual relations during daylight hours..
The consequences of failing to comply with this precept vary significantly by country, with penalties ranging from social disapproval to severe physical punishment. The imposition of legal sanctions demonstrates how religion and legislation become intertwined.
States such as Turkey, Indonesia and Tunisia have secular governments, but religion plays an important role in society. Although there are no national laws penalising failure to observe the fast, in some regions or local communities there may be unofficial rules or social pressures that encourage compliance with Ramadan.
By contrast, in nations such as Saudi Arabia, Iran, Afghanistan and Sudan, Sharia (Islamic law) is the basis of the legal system. In these countries, breaking the Ramadan fast in public is considered a serious offence and can result in severe penalties.
The legal pressure to observe Ramadan
In many countries the enforcement of laws is discretionary and can vary depending on the region or the interpretation of local authorities. This creates uncertainty about the consequences of breaking the fast in public.
JordanEating, drinking or smoking in public during fasting hours can result in a fine of 50 Jordanian dinars (approximately €65) and up to one month's imprisonment. The authorities carry out checks, especially in cities such as Amman, and commercial establishments that serve food during the day may be fined or forced to close.
BahrainBreaking the fast in public is considered a crime, with prison sentences of a length that depends on the judge's discretion.
TunisiaIn Tunisia, there is no specific law that requires citizens to observe the fast during the month of Ramadan or that prohibits eating in public during this period.
However, the authorities have applied Article 226 of the Penal Code, which punishes acts deemed «public indecency», to punish those who eat, drink or smoke in public during the fasting hours of Ramadan. The penalties range from fines to prison sentences.
MoroccoIn Morocco, Article 222 of the Penal Code provides penalties for «any person notoriously known for their affiliation to Islam who ostentatiously breaks the fast in a public place during Ramadan.» The penalties may include imprisonment for between one and six months, as well as a fine.
Both «notoriety» and «ostentation» are subjective concepts and are at the discretion of the police and the judge.
IranIranian authorities impose severe sanctions on those who break their fast in public. Penalties can range from a simple warning at the police station, fines, a few days in prison and, in the most severe cases, flogging. However, Iranian society is relatively tolerant, and it is common to see people discreetly drinking water during the day.
PakistanAccording to the Respect for Ramadan Law introduced in 1981, eating, drinking or smoking in public during fasting hours can result in a prison sentence of between one and three months. In addition, establishments that serve food during the day may be penalised.
BruneiPenalties for breaking the fast in public include fines of up to 4,000 Brunei dollars (approximately €2,700) and up to one year in prison.
MalaysiaState Islamic laws impose fines and possible prison sentences of up to six months for Muslims who do not observe the fast. In the event of reoffending, the prison sentence may be doubled.
IndonesiaAlthough at the national level there are no penalties for breaking the fast, the province of Aceh, where Sharia or Islamic law is in force, imposes floggings on offenders.
The extremist control of the Islamic State
In territories controlled by the Islamic State, the penalties for failing to observe the Ramadan fast are extremely severe. The punishments include flogging, hanging offenders by their arms and locking them in metal cages.
Activism against restrictive laws
In various countries, activists and human rights organisations oppose laws that impose penalties for not observing the Ramadan fast. They argue that these laws violate individual freedom and basic human rights.
However, in many cases, these dissenting voices face repression and persecution by the authorities.
Social hypocrisy of Ramadan
Many people who do not fast in private present themselves as devout believers in public to avoid social rejection. During Ramadan it is common for some locals to sell food in secret to Muslims who do not wish to fast. This double moral is a reflection of the great social pressure that exists.,
In conclusion, the penalties for breaking the Ramadan fast vary widely by country, from social disapproval to severe physical punishment. This diversity reflects different interpretations of Islamic law and the degree of social control exercised in each society.
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