Personal Status (i.e. Family and Inheritance) law in Pakistan is primarily governed by Islamic law for Muslims. However laws such as the The Guardian & Wards Act 1890; Dissolution of Muslim Marriages Act 1939; and the Muslim Family Laws Ordinance 1961 introduced some (primarily procedural) reforms and there are a number of other statutory provisionsContinue reading “Family Law in Pakistan”
Author Archives: Andrew Allen QC
Legal System of Pakistan
Pakistan achieved independence from the Crown in 1947 and at the same time was partitioned from India. The legal system in Pakistan is based on English common law; pre- and post- Independence/Partition Statutes; and Islamic law. The Constitution of Pakistan provides that all laws be brought into consonance with the Qur’an and sunnah (the practice ofContinue reading “Legal System of Pakistan”
Islamic Law
Islamic law (shari’a) is: . . . an all-embracing body of religious duties, the totality of Allah’s commands that regulate the life of every Muslim in all its aspects; it comprises on an equal footing ordinances regarding worship and ritual, as well as political and (in the narrow sense) legal rules.”[1] It consists of theContinue reading “Islamic Law”
Family Law in the Kurdistan Region of Iraq
The most important family law in Iraq is the Personal Status Code[1], Law No. 188 of 1959[2] which regulates custody disputes and which has effect in the Kurdistan Region, subject to any Kurdish post 1991 amendments. Kurdish Law No. 24 of 2005 and in particular Kurdish Law No. 15 of 2008 made substantial amendments toContinue reading “Family Law in the Kurdistan Region of Iraq”
Legal System of the Kurdistan Region of Iraq
The Kurdistan Region’s legal system is based on the same model as the Iraqi legal system and the structure of the Kurdistan Regional court and judicial system closely follows that of the Iraqi Federal judiciary. Kurdish Decree No. 11 of August 1992 and the Kurdish Judicial Authority Law No. 44 of December 1992[1] (now superseded byContinue reading “Legal System of the Kurdistan Region of Iraq”
Legal System of Iraq
The Federal Iraqi legal system is a civil law system on the Egyptian/French model comprising the ordinary civil, labour, personal status and criminal courts. Unlike some other countries in the region, there is no separate shari’a based system. Family law (personal status law) is administered within the ordinary court system. Civil disputes are largely regulated byContinue reading “Legal System of Iraq”
Adoption and kafala in Islam
Islamic law does not recognise adoption as such in that it prohibits the legal fiction that a child becomes the child of the adoptive parents. There is a specific injunction in the Qur’an which states: …Nor has He made your adopted sons your (biological) sons. Such is (only) your (manner of) speech by your mouths. Continue reading “Adoption and kafala in Islam”
UN Convention on the Rights of the Child
Most nations are signatories to the UN Convention on the Rights of the Child (CRC) which states in Article 3: Article 3 1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primaryContinue reading “UN Convention on the Rights of the Child”
Andrew Allen QC: Middle Eastern Law Expert Blog
This blog seeks to provide a very basic outline guide to the legal systems in what is very broadly defined as the Middle East (including North Africa, Iran, Pakistan and Afghanistan). I will start with Family Law and then cover other areas of law in the future. I hope that such a shared resource canContinue reading “Andrew Allen QC: Middle Eastern Law Expert Blog”
Family Law in Algeria
Family law in Algeria is governed by the 1984 Family Code. The provisions of the 1984 Code are drawn from various schools of law, a draft Algerian code of Muslim law formulated by a commission in 1916 during French rule, and parallel legislation from neighbouring countries (particularly Moroccan enactments). It is primarily rooted in shari’a principles. ArticleContinue reading “Family Law in Algeria”
Andrew Allen QC 