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Country Background

Eritrea is a country located in Eastern Africa, bordering the Red Sea. It is bounded by Sudan, Ethiopia, and Djibouti. The capital of Eritrea is Asmara. The official languages are Tigrinya, Arabic, and English. The country's population in 2017 was approximately 5.9 million. Eritrea is a predominantly Christian country, with about 63% of the population Christian and 36% Muslim. Eritrea is an observer state of the Arab League.

Constitution & Legal Structure

Eritrea is referred to as a presidential republic, in which sovereignty belongs to the people and the Constitution is the supreme law of the land. The current Constitution of Eritrea was adopted in 1997. The system of government is based on principles of separation and checks and balances and has three branches: legislative, executive, and judicial. The legal system of Eritrea is a mixed legal system of civil and customary laws. Islamic legal tradition is included under the umbrella of customary laws.  

Constitutional Status of Islamic Law

Islamic law has some legal status in Eritrea. Islamic law is only applicable in matters of personal status for the Muslim population of Eritrea.

Jurisdiction(s) of Islamic Law

Islamic law has official jurisdiction of operation in Eritrea, namely in the sharīʿa courts. As Islamic law is under the umbrella of broader customary laws/traditions in terms of the law, there is no legislation that specifically details the structure and jurisdiction of sharīʿa courts in Eritrea. At this time, sharīʿa courts hear cases dealing with the family, notably marriage and inheritance-related disputes between Muslims. 

Dominant School of Islamic Law

Eritrea has no official school of Islamic law. The vast majority of the Muslim population in the country is Sunnī.

Sources of Law for Legal Research

Official Publications

• Executive
  • Ministry of Information
• Judicial
  • For an overview of the Eritrean court system, see the GlobaLex summary here

Unofficial Databases

• FAOLEX: Eritrea (Food and Agriculture Organization of the United Nations) database of national laws and regulations on food, agriculture, and renewable natural resources.
• NATLEX: Eritrea (International Labour Organization) database of national laws on labor, social security, and related human rights.
• RefWorld Legal Information: Eritrea (UNHCR)
• WIPO Lex: Eritrea (World Intellectual Property Organization)

References:

For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].