This Country Profile provides a basic overview of the legal history and institutional structures of the Federal Democratic Republic of Nepal (Sanghiya Loktantrik Ganatantra Nepal), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Nepal's Constitution, Islamic law (sharīʿa or fiqh) has no legal status.
Country Background
Nepal is a landlocked country located in South Asia. It is bounded by India on three sides and the Tibet Autonomous Region of the People's Republic of China to the north. The capital of Nepal is Kathmandu. The official language is Nepali. The country's population in 2017 was approximately 29.4 million. Nepal is a predominantly Hindu country, with about 81% of the population Hindu. Islam is a minority religion in Nepal, and Muslims make up about 4% of the country's population.
Constitution & Legal Structure
Nepal was historically a Hindu kingdom, ruled by a monarch. In 1996, the Communist Party of Nepal launched a violent civil war to replace the royal parliamentary system with communism. Although his predecessor had established a constitutional monarchy, in 2005, King Gyanendra suspended the government and assumed full executive power to end the Maoist movement. However, less than a year later, King Gyanendra agreed to relinquish sovereign power to the people. This action officially ending the Nepali Civil War, during which more than 12,000 people died. Soon after, the legislature reconvened and voted to curtail the power of the king and declared Nepal a secular state. In 2008, it voted to abolish the monarchy. The current Nepali Constitution was passed in 2015, cementing Nepal's transition from a monarchy to a republic. Today, Nepal 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 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 Nepal is based on English common law and Hindu legal concepts. Furthermore, a key pillar of the Nepalese legal system is the Muluki Ain [Nation's Code]. The Muluki Ain has existed in some form for over 2,000 years. In its most recent version, the Muluki Ain modernized the Nepali legal system, serving as a common criminal code and a common civil code applicable to all Nepali citizens (regardless of religion or caste) in personal law matters such as marriage, adoption, inheritance, and secession. An English translation of the most recent iteration of the Muluki Ain can be found here.
Constitutional Status of Islamic Law
Islamic law has no constitutional status in Nepal.
Jurisdiction(s) of Islamic Law
Islamic law has no official jurisdiction of operation in Nepal.
Dominant School of Islamic Law
Nepal has no official school of Islamic law.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
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].