This Country Profile provides a basic overview of the legal history and institutional structures of the Swiss Confederation (Schweizerische Eidgenossenschaft (German); Confederation Suisse (French); Confederazione Svizzera (Italian); Confederaziun Svizra (Romansh)), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Switzerland's Constitution, Islamic law (sharīʿa or fiqh) has no legal status.
Country Background
Switzerland is a landlocked country located in Central Europe. It is bounded by France, Italy, Germany, Liechtenstein, and Austria. The capital of Switzerland is Bern. The official languages are German (Swiss German), Italian, French, and Romansch. The country’s population in 2016 was approximately 8.2 million. Switzerland is a predominantly Christian country, with about 37% of the population Roman Catholic, 25% Protestant, and 6% other Christian. Islam is a minority religion in Switzerland, and Muslims make up about 5% of the country's population.
Constitution & Legal Structure
Switzerland is referred to as a federal republic, the second oldest in the world (formed in 1848) after the United States. It is a civil law system based on West European legal systems. There are three branches of government: executive, legislative, and judicial. A new Constitution was ratified in 1999, but it did not introduce significant changes to the federal structure. Switzerland has a federal structure with three different political levels: the Confederation (Federal State), the Cantons (States), and the Municipalities (Local Authorities), which are subordinated to the Cantons, although they are granted certain autonomy.
The Federal Constitution is the legal foundation of the Confederation. It contains the most important rules for the good functioning of the State. It guarantees the basic rights of the people and the participation of the public. It distributes the tasks between the Confederation and the Cantons and defines the responsibilities of the authorities. The Confederation has authority in all areas in which it is specifically empowered by the Federal Constitution—for example, foreign and security policy, customs and monetary policy, legislation that is valid through the country and in other areas that are in the common interest of all Swiss citizens. Tasks which do not expressly fall within the enumerated areas of competence of the Confederation are handled at the next lower level, i.e., by the Cantons.
A central and longstanding feature of Switzerland's foreign policy is that the country is neutral in armed conflicts between other countries. Switzerland is not a member state of the European Union (even though it is surrounded by other member states), and did not join the United Nations until 2002.
Constitutional Status of Islamic Law
Islamic law has no constitutional status in Switzerland.
Jurisdiction(s) of Islamic Law
Islamic law has no official jurisdiction of operation in Switzerland.
Dominant School of Islamic Law
Switzerland 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 and Arabic 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].