Yemen · Overview
The legal system of Yemen
A system whose formal law is the product of the 1990 unification of the northern Yemen Arab Republic and the southern People's Democratic Republic, combining Sharia as the source of all legislation with Egyptian-model civil and commercial codes and, in the south, residues of the socialist and Anglo-Indian legacies of Aden. Since 2014 authority has been contested: the internationally recognised government, the Houthi authorities controlling Sana'a and much of the north, and the Southern Transitional Council each administer courts and issue instruments in the areas they control. The pre-2014 codes remain the nominal law throughout, but which authority applies them, and with what modifications, depends entirely on location. This profile describes the formal framework and says where it does not presently operate as a single system.
Legal tradition
Yemen belongs to the mixed (islamic law and civil law) tradition. A system whose formal law is the product of the 1990 unification of the northern Yemen Arab Republic and the southern People's Democratic Republic, combining Sharia as the source of all legislation with Egyptian-model civil and commercial codes and, in the south, residues of the socialist and Anglo-Indian legacies of Aden. Since 2014 authority has been contested: the internationally recognised government, the Houthi authorities controlling Sana'a and much of the north, and the Southern Transitional Council each administer courts and issue instruments in the areas they control. The pre-2014 codes remain the nominal law throughout, but which authority applies them, and with what modifications, depends entirely on location. This profile describes the formal framework and says where it does not presently operate as a single system.
How power is divided
Nominally unitary with twenty-two governorates and appointed governors, and a 2000 local authority law providing for elected local councils. In practice territorial control is divided between rival authorities, and the 2015 draft federal constitution proposing six regions was never adopted.
Where law comes from
- 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 legal profession
Advocates are licensed under the Advocacy Law and organised in the Yemeni Bar Association, which has continued to operate and to make representations about judicial independence throughout the conflict. Judges are trained at the High Judicial Institute and appointed by the Supreme Judicial Council, but appointments made by rival authorities since 2014 are not mutually recognised. Legal aid is minimal and provided mainly by non-governmental organisations.
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