The legal system of Comoros
French civil-law codes layered over an Islamic personal-status law applied by qadi courts, within a federation in which each island retains substantial autonomy and its own governor. The applicable law depends on subject matter: personal status — marriage, divorce, inheritance — is governed by Islamic law before the qadis, while commercial and administrative matters follow the French codes. Island-level autonomy means administrative competence is genuinely divided, and identifying the responsible authority is a recurring practical problem.
Legal tradition
Comoros belongs to the mixed french civil law and islamic law tradition. French civil-law codes layered over an Islamic personal-status law applied by qadi courts, within a federation in which each island retains substantial autonomy and its own governor. The applicable law depends on subject matter: personal status — marriage, divorce, inheritance — is governed by Islamic law before the qadis, while commercial and administrative matters follow the French codes. Island-level autonomy means administrative competence is genuinely divided, and identifying the responsible authority is a recurring practical problem.
How power is divided
Federal. Grande Comore, Anjouan and Mohéli each have a governor and their own assembly with substantial autonomy over local administration, while the Union handles defence, currency, foreign affairs and nationality.
Where law comes from
- Constitution
- Supreme law; substantially revised in 2018.
- French-derived codes
- Civil, commercial and criminal codes and procedure.
- Islamic law
- Governs personal status, applied by qadi courts.
- Island legislation
- Each island legislates within its autonomous competence.
- International treaties
- Ratified treaties rank above ordinary statute.
The legal profession
A small bar of avocats admitted after French-model legal training, supplemented by qadis who require religious-law qualification for the personal-status jurisdiction; many practitioners train in France or Madagascar.
Law by topic in Comoros
- Constitutional LawThe 2001 Union constitution as revised in 2018, over three autonomous islandsThe 2001 constitution created a Union of three autonomous islands with a rotating presidency between them. The 2018 revision abolished the rotation in its original form, extended the presidential term and removed the Constitutional Court, transferring its functions to a chamber of the Supreme Court.
- Employment & LabourThe 1984 Labour Code with a small formal sectorThe Labour Code of 1984 governs contracts and dismissal, with a statutory 40-hour week. The formal labour market is very small and remittances from the diaspora, particularly in France and Mayotte, exceed formal wage income.
- Criminal LawA French-derived penal code with Islamic elements in personal mattersThe Penal Code derives from French law as received and amended, and applies to all criminal matters. Islamic law is applied in personal status rather than criminal law, though qadi courts historically exercised wider jurisdiction.
- Immigration & NationalityA national entry regime shaped by the Mayotte questionEntry and residence are governed by national legislation. The dominant practical issue is movement between the three Union islands and French-administered Mayotte, which Comoros claims, and which makes the maritime route a matter of contested sovereignty rather than ordinary immigration law.
- Property & LandRegistered title alongside strong matrilineal customary tenureLand registration follows the French-derived régime foncier, but most land is held under customary arrangements. Comorian custom is substantially matrilineal, with the manyahuli land passing through the female line, which interacts awkwardly with Islamic succession and with registration.
- Civil ProcedureFrench-derived procedure across three islands, with OHADA enforcementCivil procedure follows the received French model, with OHADA's recovery and enforcement Act applying since 2010. Each island has courts of first instance, with a single Court of Appeal and Supreme Court for the Union.
- Family LawThe 2005 Family Code, codifying Islamic personal statusThe Family Code of 2005 codified marriage, divorce and succession on a substantially Islamic basis while introducing registration requirements and a minimum marriage age. Qadi courts continue to hear personal status matters.
- Business & CorporateOHADA Uniform Acts as directly applicable commercial law, with the CCJA as final appealCommercial law is not primarily national. The OHADA Uniform Acts apply directly and take precedence over conflicting domestic provisions, and the Cour commune de justice et d'arbitrage (CCJA) in Abidjan — not the national supreme court — is the final instance on their interpretation. Comoros is the only island state and the only Indian Ocean member of OHADA, and its accession in 2010 replaced a commercial law based on received French texts.
- Tax LawA general tax code with heavy reliance on customs dutyThe Comorian tax system relies substantially on import duty and consumption taxes, with corporate income tax and a general turnover or value added tax applied at modest rates. Administrative capacity is limited.
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