This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Madagascar (Republique de Madagascar/Repoblikan'i Madagasikara), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Madagascar's Constitution, Islamic law (sharīʿa or fiqh) has no legal status.
Country Background
Madagascar is an island country located in Southern Africa. It is in the Indian Ocean, off the coast of Mozambique. The capital of Madagascar is Antananarivo. The official languages are French and Malagasy. The country's population in 2017 was approximately 25 million. The population of Madagascar predominantly (about 55%) adheres to traditional beliefs. However, another 40% of the country's population is Christian, and 5% is Muslim.
Constitution & Legal Structure
Madagascar is referred to as a semi-presidential republic, in which sovereignty belongs to the people and the Constitution is the supreme law of the land. The current Constitution of Madagascar was adopted in 2010. Madagascar's system of government is based primarily on the French semi-presidential system, and is divided into three branches: executive, legislative, and judicial. The executive branch is divided between a prime minister from Parliament and an executive president who is elected by universal suffrage. The president is the leader, enforcer of foreign policy, and supreme commander of the armed forces. All presidential decrees must be countersigned. The executive’s powers are curtailed by the fact that the prime minister is responsible for the functioning of the government. Furthermore, the executive has the right to dissolve the National Assembly without prior consultation. The legislative branch is the Parliament, which consists of the National Assembly and Senate. Madagascar's judicial system has three levels of courts. Lower courts are responsible for civil and criminal cases carrying limited fines and sentences. The Court of Appeals includes a criminal court for cases carrying sentences of five years or more. The Supreme Court functions as the highest court in the country. The Constitutional High Court is autonomous and reviews laws, decrees, and ordinances, and monitors elections and certifies their results. A military court has jurisdiction over all cases that involve national security. The legal system of Madagascar is a civil law system based primarily on the French Napoleonic Code. However, customary laws take effect in matters of marriage, family, and obligation.
Constitutional Status of Islamic Law
Islamic law has no constitutional status in Madagascar.
Jurisdiction(s) of Islamic Law
Islamic law has no official jurisdiction of operation in Madagascar.
Dominant School of Islamic Law
Madagascar has no official school of Islamic law. The vast majority of the Muslim population in the country is Sunnī (adhering to the Shāfiʿī school).
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].