Today, we are witnessing the implementation of religious governments towards dynamic and living jurisprudence and in secular and non-religious governments towards the revival of religion, and one of the most important challenges of public law is the centralization of religion or custom for government policy making. It seems that both customary and religious theories have seen changes and it is moving from absolutism to moderation. Therefore, it is necessary to have a redefinition of religious and customary government concepts in the current period. This article is about the foundations of religion and government. And the political issue, and after studying the characteristics of secularism and laicity as the main character of the non-religious state, it examines the influence of religion and secularism on the foundations and theories of the state. The problem of this research is to compare the foundations of these two governments in order to resolve the ambiguities and problems in the field of public rights and human rights that exist in the customary or religious political theories of the government and what effect these theories have on the foundations of the nation-state and public rights. Because according to globalization, the governments of modern customary nations have a lot of political, cultural and economic effects on other governments, especially the developing governments, but these governments themselves have not yet approached the ideal of human rights. The two results obtained in this article are that, firstly, the phenomena of secularism and laicity have more affinity with the theory of liberal and limited government, but they are still far from the ideal system of human rights, and we seek to investigate the issue that these phenomena What effect do they have on the quality of the distribution of rights and freedoms? Secondly, the phenomena of secularism and laicity in the field of establishing the government and governance have faced challenges and have effects, sometimes positive and sometimes negative, on the areas of human rights and the distribution of rights and freedom. Have to be mentioned. The research method in this research is integrated and interdisciplinary. The main method of collecting information is the library method in the form of reading text and using the prepared slips. The documents and sources of the article are a library, i.e. books and articles.