Legal system of Yemen
Encyclopedia
Yemen
's constitution
, as amended, stipulates that Islamic law (sharia
) is the source of all legislation. All laws are based on a combination of sharia, old Egyptian law
s, and Napoleonic tradition
. Defendants are presumed innocent until proven guilty; indigent defendants in felony
cases are by law entitled to counsel
, but in practice this does not always occur. Trials, which are generally public, are conducted without juries; judges adjudicate criminal cases. All defendants have the right of appeal. Women often suffer discrimination, particularly in domestic matters.
Although Yemen's constitution provides for an autonomous judiciary and independent judges, in reality the judiciary is managed by an executive-branch council, the Supreme Judicial Council (SJC), and judges are appointed and can be removed by the executive branch. The judicial system itself is considered weak; corruption is widespread; the government is often reluctant to enforce judgments; and judges are subject to harassment from tribal leaders, who themselves exercise significant discretion in the interpretation and application of the law. There have been several restructurings of the judiciary since the government initiated a judicial reform program in 1997, but none have resulted in any significant improvements in the functioning of the system or produced evidence of having reduced corruption.
Yemen
The Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east....
's constitution
Constitution of Yemen
The Constitution of Yemen was ratified by popular referendum on May 16, 1991. It defines the republic as an independent and sovereign Arab and Islamic country and establishes sharia, or Islamic law, as the basis of all laws...
, as amended, stipulates that Islamic law (sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
) is the source of all legislation. All laws are based on a combination of sharia, old Egyptian law
Egyptian law
Egyptian law includes the following topics:* Egyptian Civil Code* Egyptian Judicial System* Egyptian State Lawsuits Authority...
s, and Napoleonic tradition
Napoleonic code
The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
. Defendants are presumed innocent until proven guilty; indigent defendants in felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
cases are by law entitled to counsel
Right to counsel
Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...
, but in practice this does not always occur. Trials, which are generally public, are conducted without juries; judges adjudicate criminal cases. All defendants have the right of appeal. Women often suffer discrimination, particularly in domestic matters.
Although Yemen's constitution provides for an autonomous judiciary and independent judges, in reality the judiciary is managed by an executive-branch council, the Supreme Judicial Council (SJC), and judges are appointed and can be removed by the executive branch. The judicial system itself is considered weak; corruption is widespread; the government is often reluctant to enforce judgments; and judges are subject to harassment from tribal leaders, who themselves exercise significant discretion in the interpretation and application of the law. There have been several restructurings of the judiciary since the government initiated a judicial reform program in 1997, but none have resulted in any significant improvements in the functioning of the system or produced evidence of having reduced corruption.