Qatar, State of
*Please note this is just a draft and all contents are still under revision.*
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Legal System/History
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From
early history, region came under Persian, Portuguese, Ottoman and British
influence. 1868 treaty of co-operation signed between Britain and al-Thani tribe settled around Doha; Wahhabism gained influence in 19th
century; al-Thani became ruling family of region by 1890s. Ottoman Turkish
garrison expelled from Doha and relations with Britain further strengthened
by 1916 Treaty of Protection making Qatar British protectorate; continued
in force until 1971 when Qatar declared independence. Since then, Penal
Code, Civil and Criminal Procedure Codes, and Laws on Judicial Organisation
adopted; personal law remains uncodified, administered by shari’a courts. |
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School(s) of Fiqh |
Hanbali
majority; large population of expatriates |
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Constitutional Status of Islam(ic Law) |
The
Amended provisional basic regulation was passed on 19 April 1972, replacing
the Provisional Constitution adopted in 1970. Article 1 declares Islam
state religion and provides that "the Islamic Shari’a Law shall be a fundamental source of its legislation";
Article 9 guarantees equal public rights and requires equal public
duties without distinction for race, sex or religion. |
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Court System
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Qatar
maintains dual system of civil and shari’a
courts. First civil courts established in 1962. Shari’a courts’ jurisdiction increasingly limited to family law
matters (marriage, divorce, wills, succession), though they retain some
criminal jurisdiction. Shari’a
courts staffed by qadis who
administer uncodified (mainly Hanbali-Wahhabi) personal status law and
are organised into two levels: Shari’a
Courts of First Instance and Shari’a
Court of Appeal. |
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Relevant Legislation |
Determination
of Powers of Ministers, and the Functions of Ministries and Other Governmental
Organs (Law no. 5/1970) Regulation
of the Courts of Justice (Law no. 13/1971) Law
of Civil and Commercial Matters (Law no. 16/1971) |
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Notable Features |
Classical Hanbali fiqh is applied to personal
status matters. |
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Notable Cases |
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Law/Case Reporting System |
Law
reporting in Official Gazette. |
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International Conventions (with Relevant Reservations) |
CRC
– signature 1992, ratification 1995 with general reservation |
Legal History:
From its early history, the
region now known as Qatar has come under Persian, Portuguese, Ottoman and British
influence. Qatar was considered a part of Bahrain by the British until the 1860s,
although the ruling al-Khalifah family of Bahrain only exercised limited control
over Qatar. In 1868, a treaty of co-operation was signed between Britain and
the al-Thani tribe settled around Doha; the treaty outlawed warfare at sea
and directed that any conflicts be referred to the British Resident in the Gulf.
Wahhabism became influential in the region due to an alliance forged between
the al-Thani tribe and Wahhabis and their allies in the late 18th
century; the al-Thani tribe became the ruling family of the region by the 1893
after Shaykh Jasim al-Thani, appointed Governor by the Ottomans in 1879, asserted
his own rule.
The Ottoman Turkish garrison was expelled from Doha
and relations with Britain were further strengthened by the 1916 Treaty of Protection
making Qatar a British protectorate. The Treaty of Protection continued in force
until 1971 when Qatar declared its independence. Since that time, a Penal Code,
Civil and Criminal Procedure Codes, and Laws on Judicial Organisation have been
adopted. Personal law remains uncodified, administered by the shari’ah
courts.
Schools of Fiqh: The Hanbali school is the predominant madhhab in Qatar.
Constitutional Status of Islam(ic
Law): The Amended provisional basic regulation was passed on 19 April 1972,
replacing the Provisional Constitution adopted in 1970. Article 1 declares Islam
state religion and provides that "the Islamic Shari’a Law shall be a fundamental source of its legislation".
Article 9 guarantees equal public rights and requires equal public duties
without distinction for race, sex or religion.
Court System: Qatar maintains a dual system
of civil and shari’a courts. The first
civil courts were established in 1962. The shari’a courts’ jurisdiction has increasingly been limited to family
law matters (marriage, divorce, wills, succession), though they retain some
criminal jurisdiction. Shari’a courts
are staffed by qadis who administer
uncodified (mainly Hanbali-Wahhabi) personal status law and are organised into
two levels: Shari’a Courts of First
Instance and the Shari’a Court of
Appeal.
Notable Features: Classical Hanbali fiqh is applied to personal status matters.
Notable Cases:
Law/Case Reporting System: Law reporting is through the
Official Gazette.
International Conventions (with
Relevant Reservations): Qatar signed the CRC in 1992 and ratified it in 1995,
submitting a general reservation to any "provisions incompatible with Islamic
Law" upon signature and confirming it upon ratification.
Background and Sources: Amin, Middle East Legal
Systems, Glasgow, 1985; Ballantyne, Commercial Law in the Arab Middle
East: The Gulf States, London, 1986; El Alami & Hinchcliffe, “The Uncodified
Law” in Islamic Marriage and Divorce Laws of the Arab World, London,
1996; El Mallakh, Qatar: The Creation of an Oil Economy, London, 1979;
Mahmood, “Gulf” in Statutes of Personal Law in Islamic Countries, 2nd
ed., New Delhi, 1995; Redden, “Qatar” in Modern Legal Systems Cyclopedia,
vol. 5, Buffalo, NY, 1990.