Yemen · Legislation
Legislation and primary sources
Where to find the authoritative text of the law in Yemen, and how to confirm it is still in force.
Sources of law, ranked
- The 1991 Constitution
- Sharia is declared the source of all legislation; large parts are not presently operative.
- Sharia
- Governs personal status and supplies the substantive criminal law including hadd offences.
- Civil Code 2002 and Commercial Code 1991
- Egyptian-model codifications enacted after unification.
- Republican decrees and laws
- Pre-2014 legislation remains the nominal law throughout the country.
- Customary law (urf) and tribal arbitration
- Resolves a large share of disputes in practice, particularly over land, water and homicide compensation.
The legislative process
Under the constitution, bills are passed by the House of Representatives and ratified by the head of state, with publication in the Official Gazette. Since 2014 this process has not operated normally: the recognised government legislates largely by decree from Aden, and the Houthi authorities issue their own instruments in the areas they control. Determining the applicable rule in a given place and period is a factual question, not merely a legal one.
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