The most important family law applicable to Muslims in Morocco is the 2004 Family Code (Mudawana)[1]. This Code is regarded (along with the Tunisian Code) as relatively reformist compared to other such family law systems within the region in that, for example, it set the minimum legal age of marriage at 18 for men andContinue reading “Family Law in Morocco”
Author Archives: Andrew Allen QC
Legal System of Morocco
The Kingdom of Morocco operates a codified civil law system on the Egyptian/French model. The most recent Constitution was adopted in 2011 (Arabic & French, Bulletin Official; English, constituteproject.org translation). Courts in Morocco are regulated by the Decree-Law of 15 July 1974 on the Organization of the Courts (as amended). Article 107 of the constitution states:Continue reading “Legal System of Morocco”
Family Law Across the Middle East
There is no common family law system that applies from Morocco to Pakistan and from Turkey to Somalia (an area which I am describing as ‘The Middle East’ in a very loose use of that term). The family law system of each state is different – although some have influenced others. Islamic shari’a plays aContinue reading “Family Law Across the Middle East”
Family Law in Iraq
The most important family law in Iraq is the Personal Status Code[1], Law No. 188 of 1959[2] which applies to all Muslims – Shi’a and Sunni. Family law in the Kurdistan Region of Iraq is based on the same 1959 Code but is subject to any Kurdish post 1991 amendments. Article 41 of the IraqiContinue reading “Family Law in Iraq”
Family Law in Egypt
In general terms, Egyptian law is codified and (notwithstanding the reference to shari’ain Article 2 of the Constitution) based on the French-style civil law system. However, as is common across the Middle East, family law in Egypt is a ‘pluralistic legal regime’ in that adherents to different faiths have family disputes resolved according to the tenetsContinue reading “Family Law in Egypt”
Legal System of Egypt
In the last 100 years, the Egyptian Legal System provided the model for many other nations in the Middle East. Article 2 of the 2014 Egyptian Constitution states that Islam is the religion of the state and that the principles of shari’a are the main source of legislation. Article 3 states that “The principles of theContinue reading “Legal System of Egypt”
Family Law in Syria
The 1953 Syrian Law of Personal Status (SLPS) is a comprehensive Code that modifies and regulates many aspects of shari’a. Article 305 of SLPS directs that the residuary source of law is the most authoritative doctrine of Hanafi school of law of Sunni Islam. Family law for Muslims in Syria is administered by judges sittingContinue reading “Family Law in Syria”
The Legal System of Syria
The rule of law in Syria is somewhat geographically dependent. Syria is not a fully functioning state. It has been in a state of civil war since 2011. Parts of Syria are outside of central government control and the justice system has collapsed in parts of the country. Article 3 of the 2012 constitution statesContinue reading “The Legal System of Syria”
Family Law in Lebanon
Article 9 of the 1926 Lebanese Constitution guarantees that the personal status and religious interests of the people are respected, whatever religious sect they belong to. Decree 60 L.R. (13 March 1936) of the French High Commissioner, who also exercised the duties of the legislative authority during the French mandate in Lebanon, granted the recognizedContinue reading “Family Law in Lebanon”
Legal System of Lebanon
Most of the legal system of Lebanon is based on that of France, the former mandatory power until 1943. Lebanon gradually emerged from the French mandate granted by the League of Nations to France after the break-up of the Ottoman Empire in the wake of World War One. Lebanon is considered to be a civilContinue reading “Legal System of Lebanon”
Andrew Allen QC 