in order to protect and maintain the tenets of
Islam, shall not be contrary to article (a).
(c) In deciding whether a right or freedom in this
Chapter, has been limited in accordance with
article (a) and (b), a court must be fully
cognisant of and make reference to all the facts,
including:
1. the nature and character of the right or
freedom;
2. the purpose and importance of limiting the
right or freedom;
3. the extent and manner of limiting the right
or freedom;
4. the relationship between the limitation of
the right or freedom and the importance of
the right or freedom;
5. the extent to which the objective for which
the right or freedom has been limited could
have been achieved by limiting the right or
freedom to a lesser degree;
6. the extent to which the right or freedom
must be limited in order to protect the
tenets of Islam, where the right or freedom
has been limited pursuant to article (b).
(d) The onus of establishing that the limitation to
any extent, of a right or freedom included in this
Chapter is within the reasonable limitations
prescribed in this Constitution is on the State or
the person asserting the limitation of the right or
freedom.
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