OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 6 Year No. 10 ADDIS ABABA - 7th December , 1999 CONTENTS Proclamation No. 188/1999 Federal Courts of Sharia Consolidation Proclamation Page 1185 PROCLAMATION NO . 188/1999 A PROCLAMATION TO CONSOLIDATE FEDERAL COURTS OF SHARIA WHEREAS , pursuant to Sub - Article ( 5 ) of Article 34 of religious or customary laws , with the consent of the parties thereof ; WHEREAS , the House of Peoples ' Representatives and State Councils are empowered , under Sub Article ( 5 ) of on the basis of cultural and religious laws , in cases where such courts are not in existence ; WHEREAS , Courts of Sharia , which have been in and customary courts , which functioned and had state recognition prior to the adoption of the Constitution , may be by the Constitution ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) of the Constitution , it is hereby proclaimed as follows : Unit Price The African Law Archive 7 December , 1999 - Page 1 186 PART ONE General 1. Short Title This Proclamation may be cited as the “ Federal Courts of Sharia Consolidation Proclamation No.188 / 1999 . ” 2. Definitions In this Proclamation : 1 ) “ Kadi ” means a judge appointed and sitting at any level of Courts of Sharia ; 2 ) “ Chief Kadi ” means head of the Federal Supreme Court or the presiding Kadi thereof ; 3 ) “ Heads " means heads of the Federal First Instance and High Court of Sharia directing the activities of their respective courts ; 4 ) Federal Courts of Sharia ” include First Instance , High and Supreme Courts of Sharia ; 5 ) “ Civil Procedure laws ” means the Civil Procedure Code of 1965 and include any amendments made thereto . 6 ) “ Federal Judicial Administration Commission ” means Commission established under proclamation No.24 / 1996 . 3. Establishment 1 ) Federal First Instance Court of Sharia , 2 ) Federal High Court of Sharia , 3 ) Federal Supreme Court of Sharia , are hereby established , being accountable to the Federal Judicial Administration Commission . PART TWO Common Jurisdiction of the Federal Sharia Courts 4. Principle 1 ) Federal Courts of Sharia shall have common jurisdiction over the following matters : ( a ) any question regarding marriage , divorce , main tenance , guardianship of minors and family relationships ; provided that the marriage to which the question relates was concluded , or the parties have consented to be adjudicated in accordance with Islamic law ; ( b ) any question regarding Wakf , gift / Hibal , suc cession of wills ; provided that the endower or donor is a muslim or the deceased was a muslim at the time of his death ; ( c ) any question regarding payment of costs in curred in any suit relating to the aforementioned matters . 2 ) The courts shall have jurisdiction over the aforemen tioned matters only where , Pursuant to the provisions of Article 34 Sub Article ( 5 ) of the Constitution , the parties thereof have expressly consented to be adjudicated under Islamic law . The African Law Archive 5. Determination of Consent or Objection 1 ) Where a party brings a case before a court of Sharia , such court shall issue summons to the other party for confirmation , in accordance with the form attached herewith , of whether or not he consents to the adjudication of the court . 2 ) Where a party properly served with summons , pursuant to Sub - Article ( 1 ) of this Article , does not confirm his objection or consent by appearing before the registrar of the court , he shall be presumed not to have objected and the case shall be heard ex parte . 3 ) In the absence of clear consent of the parties for the case to be adjudicated by the court of Sharia before which the case is brought , such court shall transfer the case to the regular federal court having jurisdic tion . 4 ) Under no circumstance shall a case brought before a court of Sharia the jurisdiction of which has been consented to , be transferred to a regular court ; nor shall a case before a regular court be transferred to a court of Sharia . 6. Laws to be Applied 1 ) Federal Courts of Sharia shall adjudicate cases under their jurisdiction in accordance with Islamic Law . 2 ) In conducting proceedings properly , the courts shall apply the civil procedure laws in force . Any person who , in whatsoever manner , shows improper conduct in the course of any proceedings or who , without good cause , fails to comply with an order of the court shall be punishable with imprisonment of upto one month or to a fine of upto Birr 1,000.00 ( One thousand Birr ) . PART THREE Jurisdiction of Federal Courts of Sharia 8. Jurisdiction of the Federal Supreme Court of Sharia The Federal Supreme Court of Sharia shall have jurisdiction over : 1 ) decisions of the Federal High Court of Sharia rendered in its first instance jurisdiction ; 2 ) decisions of the Federal High Court of Sharia rendered in its appellate jurisdiction . 9. Jurisdiction of the Federal High Court of Sharia 1 ) The Federal High Court of Sharia shall have first instance jurisdiction over cases involving an amount in excess of Birr two hundred thousand ( 200,000 ) . 2 ) The Federal High Court of Sharia shall have ap pellate jurisdiction over decisions of the Federal First Instance Court of Sharia . 3 ) It shall have jurisdiction over applications for change of venue from one Federal First Instance Court of Sharia to another or to itself . The African Law Archive 10. Jurisdiction of the Federal First Instance Court of Sharia The Federal First Instance Court of Sharia shall have jurisdiction over cases involving an amount not in excess of Birr 200,000 ( Birr two hundred thousand ) or cases the value of which cannot be expressed in money . PART FOUR Structure of Federal Courts of Sharia and the Administration of Justice 11. Judges and Other Personnel of the Federal Supreme Court of Sharia 1 ) The Federal Supreme Court of Sharia shall have a Chief Kadi , a Deputy Chief Kadi , as well as the necessary Kadis and registrars . 2 ) The Federal Supreme Court of Sharia shall have the personnel necessary for its function . The Federal High Court and First Instance Court of Sharia 1 ) The Federal High Court and First Instance Court of Sharia shall each have a head , representing the respective court , as well as Kadis and registrars necessary for their respective functions . 2 ) The courts shall have the personnel necessary for their respective functions . 13. Divisions and Place of Sittings of Federal Courts of Sharia 1 ) There shall sit a single Kadi in each division of the Federal First Instance Court of Sharia . 2 ) There shall sit a presiding Kadi and two other Kadis in each division of the Federal High Court and of the Supreme Court of Sharia . 3 ) The Federal Supreme Court of Sharia shall sit in 4 ) The Federal High Court and the Federal First Instance Court of Sharia shall sit in Addis Ababa , Dire Dawa and in such other places as may be determined under Article 78 Sub Article ( 2 ) of the Constitution . 14. Working Language of . eral Courts of Sharia 1 ) Amharic shall be the working language of Federal Courts of Sharia . 2 ) The Courts shall provide an interpreter , to a party who does not understand Amharic . 15. Open Hearing and Withdrawal of Kadis 1 ) Federal Courts of Sharia shall hear in open court . 2 ) Notwithstanding the provisions of Sub Article ( 1 ) of this Article , civil procedure laws pertaining to the administration of justice shall remain ap plicable . 3 ) Either of the parties to a case may apply to a Federal Court of Sharia , requesting for the removal of a Kadi sitting in the hearing thereof . 4 ) Articles 27 to 30 of the Federal Courts Proclamation No. 25/1996 shall be applicable in respect of conditions for the withdrawal of a Kadi against whom a request for removal is made . The African Law Archive 7 December , 1999 Page 1189 16. Criteria for Appointment of Kadis Any Ethiopian who : 1 ) is trained in Islamic law in Islamic Educational Institutions or has acquired adequate experience and knowledge in Islamic law ; 2 ) is reputed for his diligence and good conduct ; 3 ) consents to assume the position of a Kadi ; and 4 ) is more than twenty five years of age ; may be appointed a kadi in Federal Courts of Sharia . 17. Appointment of Kadis 1 ) The Supreme Council for Islamic Affairs shall , upon request by the Federal Judicial Adminis tration Commission , carry out the recruitment of 2 ) The Chairperson of the Supreme Council shall prepare and submit , to the Federal Judicial Ad ministration Commission , a short profile of would be Kadis nominated by , and have received the support of the majority of the Council together with the level of their placement . 3 ) The appointment of Kadis , who are to be placed at any level , shall be approved by the Federal Judicial Administration Commission , upon recommen dation by the President of the Federal Supreme Court . 18. Determination of Disciplinary Matters The Federal Judicial Administration Commission Establishment Proclamation Administrative Regulations for Federal Judges shall be applicable in respect of determination of disciplinary matters relating to Kadis of Federal Courts of Sharia . The budget of Federal Courts of Sharia shall be drawn from the following sources : 1 ) budgetary subsidy to be allocated by the Federal Government ; 2 ) assistance from other sources . PART FIVE The Chief Kadi , the Deputy Chief Kadi and Other Heads Powers and Duties of the Chief Kadi 1 ) The Chief Kadi shall , as a superior authority , administer the Federal Courts of Sharia . 2 ) Without prejudice to the generality stated under Sub Article ( 1 ) of this Article , the Chief Kadi shall : ( a ) prepare and submit the organizational struc ture of the Federal Courts of Sharia , to the President of the Federal Supreme Court , and implement same upon approval ; ( b ) give job placements in Federal Courts of Sharia to Kadis so notified to him by the President of the Federal Supreme Court ; ( c ) put a request , to the President of the Federal Supreme Court , for employment of the per sonnel necessary for the function ; employ same upon approval and give them job placements . The African Law Archive 7 December , 1999 Page 1 190 3 ) He shall submit a bi - annual report , to the President of the Federal Supreme Court , on the performance of the Federal Courts of Sharia . 4 ) He shall prepare , and submit to the President of the Federal Supreme Court , the work plan and budget of the Courts and implement same upon approval . 5 ) He shall attend necessary events and give statements on behalf of the Courts . 6 ) He may , on his own initiative , or suggestions made to him by divisions of the court or upon petitions made by parties to a dispute , direct cases involving a basic difference between divisions of the Federal Supreme Court of Sharia , as regards interpretation of Islamic law , to be heard by a division composed of not less than five Kadis . Powers and Duties of the Deputy Chief Kadi The Deputy Chief Kadi shall : 1 ) perform functions referred to him by the Chief 2 ) act in the Chief Kadi's stead , where he is absent . Powers and Duties of Other Heads The respective Heads of the Federal High Court and First Instance Court of Sharia shall : 1 ) represent the court ; 2 ) direct the functions of the court and administer personnel thereof , in accordance with directives from the Chief Kadi ; 3 ) submit , to the Chief Kadi , a statistically substan tiated statement and a report on the performance of the court as may be necessary ; and consult with the Chief Kadi , as necessary , in respect of their functions ; 4 ) perform such other functions as may be given to him by law . PART SIX Miscellaneous Provisions Decisions and Orders of Federal Courts of Sharia 1 ) Federal Courts of Sharia , of all levels , may order that decisions and orders given by them on matters under their jurisdiction , be enforced by executive Organs . 2 ) Any Executive Organ as well as individuals who receives the decisions or orders of any Federal Court of Sharia shall execute or cause the execution of same . 24. Pending Cases Cases pending in the Addis Ababa and Dire Dawa Courts of Sharia , prior to the coming into force of this Proclamation , shall be transferred to the Federal Courts of Sharia having jurisdiction pursuant to the provisions of this proclamation . The African Law Archive 7 December , 1999- Page 1 191 25. Repealed and Inapplicable Laws 1 ) The Kadis and Naibas Councils Establishment Proclamation No. 62/1944 is hereby repealed . 2 ) No law , inconsistent with this Proclamation or dealing with matters provided for herein , shall be applicable . 26. Effective Date This Proclamation shall come into force as of the 7th day of December , 1999 . Done at Addis Ababa , this 7th day of December , 1999 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The Federal Democratic Republic of Ethiopia Federal Court of Sharia Civil Case File No. CONFIRMATION NOTE Name of Party Address : Woreda Kebele House No. Occupation I confirm , under my signature hereof , that pursuant to Article 5 of the Federal Courts of Sharia Consolidation Civil Case File No. in accordance with the laws of my religion . Name of Party signature The confirmation hereinabove stated is made under personal appearance before me . Name of the Registrar Signature The African Law Archive