Description

According to article 34 (5) of the FDRE Constitution, with the consent of the parties, disputes arising in relation to marriage, personal and family rights are to be adjudicated in accordance with religious or customary laws. Further, the House of Peoples’ Representatives and Regional State Councils, under article 78 (5) of the FDRE Constitution, could establish religious and customary courts that exercise judicial functions on the basis of cultural and religious laws. Therefore, this Proclamation established the Federal Courts of Sharia with a view to organize new the Courts of Sharia, which have been in existence for more than half a century and been left to remain without any structural changes, on the basis of recognition accorded to them by the Constitution. They are comprised of the Federal Sharia Supreme Court, Federal Sharia High Court and the Federal Sharia First Instance Court. Sharia courts exercise judicial power at the federal and regional level. Article 30(1) of the Refugees Proclamation entitles refugees the same right as nationals in bringing any justiciable matter to obtain a decision or judgement by the court.