On March 22, 2023, the Iraqi Ministry of Interior (homeland security) issued a statement banning eating and drinking in public during the day in the Islamic holy month of Ramadan. The statement also warns that any individual who violates the ministry’s instructions will be punished according to the Iraqi Penal Code.
According to article 240 of the Iraqi Penal Code (Law No. 111 of 1969), any person who violates orders or instructions issued by a public employee or an official government authority is punishable by imprisonment for six months to one year or a fine.
During the month of Ramadan, Muslims worldwide have a religious obligation to refrain from eating and drinking between dawn and dusk.
Additionally, in Kuwait, the Ministry of Interior, in a statement posted on social media on March 25, 2023, warned the public against eating and drinking in restaurants or cafés during the day during Ramadan. The ministry also stated that any person, Muslim or non-Muslim, who is arrested for eating or drinking in public during the day during Ramadan is punishable by a term of imprisonment. Law No. 44 of 1968 punishes publicly eating or drinking during the day during Ramadan with a fine of up to 100 Kuwaiti dinars (about US$325) and imprisonment for up to one month.
Penalties against Eating or Drinking during the Day in the Month of Ramadan in Other Arab Countries
Iraqi and Kuwaiti are not the only Arab countries that penalize eating and drinking in public during the day in the month of Ramadan. Six other Arab countries have also adopted laws criminalizing this act:
Saudi Arabia: According to the Saudi Ministry of Interior, the penalty imposed on persons (Muslims or non-Muslims) eating or drinking during the day in the month of Ramadan could be a term of imprisonment or flogging. In addition, the penalty of deportation from the Kingdom of Saudi Arabia could apply to foreign nationals committing this act.
Morocco: The Moroccan Penal Code, Decree No. 1.59.413, as amended, stipulates that a Muslim who eats or drinks in public during the day in the month of Ramadan without a legitimate excuse is punishable by imprisonment for one to six months and a fine. (Decree No. 1.59.413, art. 222.)
Qatar: Law No. 11 of 2004 on the Penal Code imposes the penalty of imprisonment for up to three months or a fine of 3,000 Qatari riyals (about US$824), or both penalties against any person (Muslim or non-Muslim) who eats or drinks in public during the day in the month of Ramadan. (Law No. 11 of 2004, art. 267.)
United Arab Emirates: Federal Law No. 3 of 1987 punishes any person (Muslim or non-Muslim) who eats or drinks in public during the day in the month of Ramadan with imprisonment for up to one month or a fine of 2,000 Emirati dirhams (about US$545). The same penalties apply to enablers as well. (Law No. 3 of 1987, art. 313.)
Kingdom of Jordan: The Jordanian Penal Code (Law No. 16 of 1960), as amended, sanctions anyone eating or drinking in public during the day in the month of Ramadan with one month’s imprisonment and a fine. (Law No. 16 of 1960, art. 274.)
Oman: The Omani Penal Code, Decree No. 7 of 1974, as amended, punishes Muslims eating or drinking in public during Ramadan with one to 10 days in prison or a fine, or both penalties. (Decree No. 7 of 1974, art. 312(10).)
George Sadek, Law Library of Congress
April 6, 2023
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