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 KC: 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 hope to cover other areas of law in the future. I hope that such a shared resourceContinue reading “Andrew Allen KC: 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”

The Legal System of Algeria

The Algerian legal system is based on French and Islamic law (shari’a). Algeria remained under French rule for 132 years, which constituted the longest direct European colonisation of any region in North Africa. After a brutal eight-year struggle for independence, Algeria became a sovereign state in July 1962. A civil concord in 1999 appears toContinue reading “The Legal System of Algeria”