This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Mozambique (Republica de Mocambique), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Mozambique's Constitution, Islamic law (sharīʿa or fiqh) has some legal status.
Country Background
Mozambique is a country located in Southeastern Africa, bordering the Mozambique Channel. It is bounded by Tanzania, Malawi, Zambia, Zimbabwe, South Africa, and Swaziland. The capital of Mozambique is Maputo. The official language is Portuguese. The country's population in 2017 was approximately 26.6 million. Mozambique is a predominantly Christian country, with about 56% of the population Christian. Islam is the largest minority religion in Mozambique, and Muslims make up about 18% of the country's population.
Constitution & Legal Structure
Mozambique 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 Mozambique was adopted in 2004. 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 Mozambique is a mixed legal system of Portuguese civil law and customary law.
Constitutional Status of Islamic Law
Islamic law has some legal status in Mozambique: in rural, predominately Muslim villages with no formal legal system, Islamic law may be applied in informal sharīʿa courts.
Jurisdiction(s) of Islamic Law
Islamic law has jurisdiction in rural, predominately Muslim villages where no formal legal system exists.
Dominant School of Islamic Law
Mozambique 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].