A/51/542/Add.1 English Page 11 holders of a university degree from a school of advanced Islamic studies, whether Greek or foreign, or persons who have performed functions as an imam for at least 10 years and who have distinguished themselves by their morality and theological competence). The Minister chooses a mufti on the basis of the personal qualifications of the candidate. The mufti is finally appointed by a presidential decree adopted on the proposal of the Minister of Education. 44. The mufti may be relieved of his functions by presidential decree, on the request of the Minister of Education, in the following cases only: (i) (ii) (iii) In the case of final sentences for a crime or offence as provided for in article 22 of the State Civil Service Code; In the case of deprivation of civil rights, for whatever reason; In the case of illness preventing him from performing his functions, professional incompetence, dishonourable conduct or conduct incompatible with his rank and functions. 45. The Muslim minority of Thrace appears to be divided with regard to the procedure for the choice of muftis. Some Muslims consider that the 1990 decree interferes in the choice by the Muslim community of its religious representatives and interpret it as leading to appointment by the authorities; they call, instead, for an election by indirect universal suffrage involving prominent Muslims and Muslim officials (about 200 to 300 people). They recall the legislation concerning the election of muftis that preceded the decree, and also refer to tradition and practice, in particular the election of Mr. Mehmet Emin Aga and Mr. Ibrahim Serif as muftis in mosques at Xanthi and Komotini on 17 August and 24 December 1991; these elections took place despite the opposition of the Greek State, which had appointed two other muftis (see chap. II, A, paras. 105-121, "Muslim minority"). 46. Another group of Muslims, and the authorities, point out that, in countries where Islam is the dominant religion (for example Egypt, Saudi Arabia and Turkey), it is common practice for the head of the religious hierarchy to be appointed by the State. Moreover, in Greece, since muftis have judicial functions which extend to family law and the law of succession to appoint them through an election would jeopardize fulfilment of the provision in the Constitution (art. 8) stating that judges shall be appointed in accordance with the law; it would also compromise the principle of the independence of judges, both individually and in the exercise of their office, since it would create a situation of political patronage. 47. This dispute over the procedure for selecting muftis has repercussions in the religious field which are prejudicial to the entire Muslim minority of Thrace (see chap. II). It seems to be one of the factors preventing any serious approach to the problem of the Thracian Muslims. (b) Legislation concerning the waqfs 48. Alongside the mufti who is appointed in accordance with the decree of 25 December 1990, there is a committee which administers the property (waqfs) /...