Yemen Legal System

A 1991 decree unified the separate judicial systems of the former YAR and PDRY at the level of the Supreme Court. A Superior Council of the Judiciary administers the judiciary, appoints and promotes judges, and reviews policies concerning the structure and functioning of the judicial system. There are courts of first instance with jurisdiction in civil, criminal, commercial and family matters; Decisions may be appealed to the courts of appeal. The Supreme Court decides on the constitutionality of laws, hears cases against senior officials and is the court of last resort for all decisions of the lower courts. The judiciary, especially at lower levels, is vulnerable to executive pressure and influence. All laws are codified by Sharia law, and there is no jury trial. In addition to ordinary courts, there is a system of tribal jurisdiction for some non-criminal cases, although tribal “judges” often hear criminal cases. Yemen. 2021. Website. In a household, men are the dominant figures, where women are expected to do household chores and help raise children.

In Yemen, a woman does not have many of the same rights as men. These issues are both socially and legally binding. In the case of inheritance, women are allowed to receive money from their father, mother, husband or children, but they usually receive only half the amount their brother would inherit. Men in the family receive more benefits than women. In rural areas, many do not know the law and women are therefore deprived of their inheritance. Women have access to land under the law, but they cannot own it, and access to it is more difficult because of poverty and illiteracy. [51] Adoption in Yemen is comparable to that of other countries that follow Islamic law. In many cases, adoption is allowed, but with severe penalties. Children need to grow up knowing and accepting their biological parents and relatives. The child`s biological name is never changed and the adoptive parents take the place of a foster parent. [52] The second branch of the executive is the Council of Ministers. Within the Council is the Prime Minister, who is currently Ali Muhammad Mujawwar.

The duty of the prime minister is to be the head of government, while the office of the president is the head of state. The president chooses the prime minister, and to be eligible, the person must have many of the same qualifications as the president. The Prime Minister`s Office is known as the Council of Ministers and, according to article 127 of the Constitution, “without exception, all State authorities and administrative bodies shall be subject to the directives of the Council of Ministers”. [13] The third branch of the executive system would be local government bodies. Local authorities are responsible for certain parts of the country. Governors and local authorities are all elected by the people. For hourly updates on the latest legal news, including criminal law, white-collar and corporate crime, as well as fraud/whistleblowers, follow the National Law Review Twitter feed and sign up for free e-newsletters. Yemen`s police structure is somewhat ambiguous to a foreign researcher. The country appears to have an uncoordinated multiple centralized system with three departments. The state security force is called the Political Security Organization or PSO. The independent agency reports directly to the president and has no oversight by the judiciary. The force has jurisdiction over the entire country.

The Criminal Investigation Department (CID) reports directly to the Ministry of the Interior. The CID is responsible for criminal investigations and daily arrests. The Central Security Organization (CSO) also works directly for the Ministry of the Interior. The force can be classified as paramilitary because it has a force that is militarized but is not officially part of the country`s national combat services. [34] What makes the central security forces uncoordinated on several occasions is that the federal government is responsible for all three police structures. Three agencies report that there are several police forces, and each coordinates its own program based on central government oversight. Legal system: mixed legal system composed of Islamic law (Shariah), Napoleonic law, English common law and customary law The Republic of Yemen has a legal system with a strong Muslim presence, but is also integrated into the common law, civil law and customary law systems. The state religion is Islam, and much of the judicial system is based on Islamic law, which is enshrined in the Quran. The common law is a system that was established long before that, so many parts of the old way of life in the criminal justice system are present. Civil law is found in the Constitution Code, and parts of the common law can also be consulted. [45] The Yemeni punishment system is based on Sharia law, which ultimately has the means to retaliate. In tribal communities, citizens often rely on sheikhs, who are religiously trained individuals, to settle disputes.

There are often forms of reprisal for those who have been victims of crime. The victim or his family is paid for the damage caused. In Middle Eastern culture, there is also a lot of shame in committing a punishable crime. Those who commit crimes are considered sinners and then despised by the community. In the absence of sufficient evidence, it can be assumed that the perpetrators do not want to commit new crimes, for fear of severe punishment and sharp scrutiny from other members of the community. Public opinion on terrorism is very similar to that of Western countries. People in Yemen don`t like extremists acting violently, because that gives the Muslim faith a bad rejection. There is not much public opinion research on crime, but many feel exploited in the criminal justice system. Citizens know that police and other government officials are corrupt and accept bribes. Citizens are also suspicious of the Political Security Organization, which works directly for the executive branch and is accused of raping women. PSOs are not subject to judicial review, so they report only to the President. The former YAR-Justice system consisted of Shariah, criminal and family law courts, administered by a hakim in each district, as well as commercial and commercial courts.

In remote areas, tribal law is enforced by tribal courts. Sharia courts applied Islamic law, and litigants could appeal one hakim`s decision to another hakim and file a final appeal on its behalf with Istinaf, the highest court of appeal, in Sana. Both groups of tribunals were generally considered fair and impartial. The former YAR State Security Courts were abolished with unification. In the Republic of Yemen, the judicial system respects the country`s Sharia law. In its Islamic nature, the Yemeni judicial system is very different from what the West knows. The basic structures of the courts include first instance, appeals and supreme courts. [21] There are no separate courts for criminal and civil litigation; However, there are designated divisions between the courts of first instance for criminal, civil, commercial and civil status cases. [22] The court of first instance is the place where the first disputes are heard and settled by an inquisitorial system. If people are not satisfied with the outcome of the case and feel hurt, they can appeal to the Court of Appeal.