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Country Background

Malawi is a landlocked country located in Southern Africa. It is bounded by Zambia, Mozambique, and Tanzania. The capital of Malawi is Lilongwe. The official language is English, but the most common language is Chichewa. The country’s population in 2017 was approximately 19.2 million. Malawi is a predominantly Christian country, with about 87% of the population Christian. Islam is the largest minority religion in Malawi, and Muslims make up about 13% of the country's population. 

Constitution & Legal Structure

Malawi is referred to as a presidential republic, in which sovereignty belongs to the people and the Constitution is the supreme law of the land. Until the mid-1990s, Malawi had a system of government that essentially entrenched presidential dictatorship, with no checks and balances among the branches. However, with the current Constitution Malawi adopted in 1994 (amended most recently in 1999), 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 Malawi is a mixed legal system of English common law and customary law. Furthermore, judicial review of legislative acts takes place in the Supreme Court of Appeals.

Constitutional Status of Islamic Law

Islamic law has no constitutional status in Malawi. 

Jurisdiction(s) of Islamic Law

Islamic law has no official jurisdiction of operation in Malawi. 

Dominant School of Islamic Law

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

Sources of Law for Legal Research

Official Publications

• Legislative
  • Government Gazette - catalog record
  • Parliament
• Executive
  • Government Portal - if site is down, see archived versions here
  • Electoral Commission
• Judicial
  • Judiciary 
  • Malawi Legal Information Institute

Unofficial Databases

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