Legal System in Qatar

Qatar is a sovereign Arab state located in the Arabian Peninsula, bordered by Saudi Arabia and the Persian Gulf. Qatar has a population of about 2.8 million people, of whom 313,000 are Qatari citizens and the rest are expatriates. Qatar is one of the richest countries in the world, with a high per capita income and a large natural gas reserve. Qatar is also a member of the Gulf Cooperation Council (GCC), the Arab League, the Organization of Islamic Cooperation (OIC), and the United Nations (UN).

Qatar has a unique legal system that combines elements of Islamic law (Sharia) and civil law (Qanun). Qatar's legal system is based on its constitution, which was adopted in 2003 and came into force in 2005. The constitution establishes Qatar as a constitutional monarchy, with the Emir as the head of state and the Prime Minister as the head of government. The constitution also guarantees the independence of the judiciary, the separation of powers, the rule of law, and the protection of human rights and freedoms.

In this article, we will explore the main features and characteristics of Qatar's legal system, such as:

• The types of courts in Qatar
• The laws in Qatar
• How are laws made in Qatar
• Qatar's constitution
• Qatar's duality of the legal system
• Sharia law in Qatar

The Types of Courts in Qatar

Qatar has a complex and hierarchical judicial system that consists of three types of courts: Sharia courts, civil courts, and special courts. Each type of court has its own jurisdiction, structure, and procedures.

Sharia Courts

Sharia courts are the courts that apply Islamic law (Sharia) to personal status matters, such as marriage, divorce, inheritance, custody, and guardianship. Sharia courts are divided into two levels: the Sharia Court of First Instance and the Sharia Court of Appeal. The Sharia Court of First Instance has two chambers: the Sunni Chamber and the Shia Chamber, which cater to the two main sects of Islam in Qatar. The Sharia Court of Appeal has one chamber that hears appeals from both the Sunni and the Shia chambers. The Sharia courts are supervised by the Supreme Judiciary Council, which is the highest judicial authority in Qatar.

Civil Courts

Civil courts are the courts that apply civil law (Qanun) to civil and commercial matters, such as contracts, property, torts, and intellectual property. Civil courts are also divided into two levels: the Civil Court of First Instance and the Civil Court of Appeal. The Civil Court of First Instance has four circuits: the Civil Circuit, the Commercial Circuit, the Labor Circuit, and the Administrative Circuit. The Civil Court of Appeal has one circuit that hears appeals from all the circuits of the Civil Court of First Instance. The civil courts are also supervised by the Supreme Judiciary Council.

Special Courts

Special courts are the courts that have a specific and limited jurisdiction over certain matters that are not covered by the Sharia or civil courts. Special courts include:

• The Court of Cassation: This is the highest court in Qatar that hears appeals on points of law from the Sharia Court of Appeal and the Civil Court of Appeal. The Court of Cassation has the power to uphold, reverse, or amend the decisions of the lower courts. The Court of Cassation consists of a president and eight judges, who are appointed by the Emir.
• The Constitutional Court: This is the court that has the exclusive jurisdiction to review the constitutionality of laws, decrees, regulations, and international treaties. The Constitutional Court can also settle disputes over the jurisdiction of the courts or the interpretation of the constitution. The Constitutional Court consists of a president and six judges, who are appointed by the Emir.
• The Qatar International Court and Dispute Resolution Centre (QICDRC): This is a special court that has the jurisdiction to hear civil and commercial disputes arising from the Qatar Financial Centre (QFC), which is a special economic zone that operates under its own legal and regulatory framework. The QICDRC also provides alternative dispute resolution services, such as arbitration and mediation. The QICDRC consists of a president and several judges, who are appointed by the Emir from among distinguished international jurists.
• The QFC Regulatory Tribunal: This is a special tribunal that has the jurisdiction to hear appeals against decisions made by the QFC Regulatory Authority or the QFC Tax Authority. The QFC Regulatory Tribunal consists of a president and several members, who are appointed by the Emir from among qualified experts in the fields of law, finance, and taxation.

The Laws in Qatar

Qatar has a diverse and dynamic legal system that draws from various sources of law, such as:

• The Constitution: This is the supreme law of the land that defines the basic principles and values of the state, the rights and duties of the citizens, and the structure and functions of the government and the judiciary.
• The Legislation: This includes the laws, decrees, resolutions, and regulations that are issued by the legislative and executive authorities, such as the Council of Ministers, the Ministry of Justice, and the Qatar Central Bank. The legislation covers various aspects of public and private law, such as criminal law, civil law, commercial law, labor law, and administrative law.
• The Islamic Law (Sharia): This is the law that is derived from the primary sources of Islam, such as the Quran, the Sunnah, the consensus of the scholars (ijma), and the analogical reasoning (qiyas). Sharia law governs personal status matters, such as marriage, divorce, inheritance, custody, and guardianship. Sharia law also provides general principles and values that guide the interpretation and application of other sources of law.
• The Customary Law (Urf): This is the law that is based on the traditions and customs of the Qatari society, especially in relation to tribal and family affairs. Customary law is recognized and respected by the courts, as long as it does not contradict the constitution, the legislation, or the Sharia law.
• The Foreign Law: This is the law that is applicable to certain matters that involve foreign elements, such as contracts, transactions, or disputes that are governed by foreign law or agreed to be resolved by foreign courts or arbitration. Foreign law is applied by the courts, as long as it does not contradict the public order or the morals of Qatar.

How are Laws Made in Qatar?

Qatar has a bicameral legislative system that consists of two chambers: the Advisory Council (Majlis Al-Shura) and the Council of Ministers (Majlis Al-Wuzara).

The Advisory Council is the representative body of the Qatari people, which consists of 45 members, of whom 30 are elected by direct and secret ballot and 15 are appointed by the Emir. The Advisory Council has the power to propose, discuss, amend, and approve laws, as well as to oversee the performance of the government and the public institutions.

The Council of Ministers is the executive body of the state, which consists of the Prime Minister and the Ministers, who are appointed and dismissed by the Emir. The Council of Ministers has the power to draft, enact, and implement laws, decrees, resolutions, and regulations, as well as to manage the affairs of the state and the public policy.

The process of law-making in Qatar involves the following steps:

• The Council of Ministers drafts a bill and submits it to the Advisory Council for review and approval.
• The Advisory Council examines the bill and may propose amendments or modifications. The Advisory Council then votes on the bill and sends it back to the Council of Ministers with its recommendations.
• The Council of Ministers reviews the bill and the recommendations of the Advisory Council and may accept, reject, or modify them. The Council of Ministers then submits the final version of the bill to the Emir for ratification.
• The Emir ratifies the bill and issues it as a law, which is then published in the Official Gazette and comes into force on the date specified in the law or on the date of its publication.

Qatar's Constitution

Qatar is a constitutional monarchy that follows the principles of Sharia law. The current constitution of Qatar was adopted by a popular referendum in 2003 and came into force in 2005. The constitution defines the basic structure and functions of the state, the rights and duties of the citizens, and the separation of powers among the executive, legislative, and judicial branches.

The constitution of Qatar consists of 150 articles, divided into six parts:

• Part One: The State and the Basic Structure of the Society
• Part Two: The Ruling Family
• Part Three: The System of Government
• Part Four: The Rights and Duties of the Citizens
• Part Five: The General Provisions
• Part Six: The Amendment of the Constitution

Some of the main features and provisions of the constitution of Qatar are:

• The constitution declares that Qatar is an independent and sovereign Arab state, and that Islam is the state religion and the main source of legislation.
• The constitution affirms that the ruling family of Qatar is the Al Thani family, and that the Emir is the head of state and the commander-in-chief of the armed forces. The constitution also stipulates the conditions and procedures for the succession of the Emir and the appointment of the Heir Apparent.
• The constitution establishes a semi-democratic system of government, with a Council of Ministers as the executive branch, a Shura Council as the legislative branch, and an independent judiciary as the judicial branch. The constitution also grants the Emir the power to appoint and dismiss the Prime Minister and the ministers, to dissolve the Shura Council, to issue decrees, and to declare a state of emergency.
• The constitution guarantees the rights and freedoms of the citizens, such as the right to equality, dignity, personal liberty, privacy, expression, association, education, health, work, and social security. The constitution also imposes the duties of the citizens, such as the duty to respect the constitution, the law, the public order, the national unity, and the national symbols.
• The constitution provides the general provisions for the administration of the state, such as the national flag, the national anthem, the national currency, the official language, the capital, the fiscal year, and the state budget.
• The constitution specifies the mechanism for the amendment of the constitution, which requires the approval of two-thirds of the Shura Council and the ratification of the Emir.

The constitution of Qatar is the supreme law of the land and the basis of the legal system. It reflects the values and aspirations of the Qatari people and the vision of the Qatari leadership. It aims to achieve the goals of the Qatar National Vision 2030, which are human development, social development, economic development, and environmental development.

Qatar's Duality of the Legal System

Qatar has a dual system of civil and Sharia courts, which operate independently and have different jurisdictions and procedures. The civil courts are based on the French civil law system and deal with civil, commercial, administrative, and criminal matters. The Sharia courts are based on the Islamic law system and deal with family, personal status, inheritance, and some criminal matters. The Sharia courts apply the Sunni Hanbali school of jurisprudence, which is the dominant sect in Qatar, but also recognize the Shia Jaafari school for the Shia minority. The Sharia courts have the power to issue fatwas, or religious rulings, on various issues.

The duality of the legal system in Qatar reflects the historical and cultural influences of the country, as well as the need to balance between tradition and modernity. The civil courts were introduced in 1962, during the British protectorate, to accommodate the growing commercial and administrative needs of the country. The Sharia courts, on the other hand, have been in existence since the establishment of the Al Thani dynasty in the 19th century, and have been the main source of law and justice for the Qatari people. The constitution of 2003, which was approved by a popular referendum, recognizes the dual system of courts and states that Sharia is the main source of legislation, but also allows for the enactment of civil laws that do not contradict Sharia.

Sharia Law in Qatar

Sharia law is the Islamic law that governs the religious, moral, and legal aspects of life for Muslims. It is derived from two primary sources: the Quran, which is the holy book of Islam, and the Sunnah, which is the example and teachings of Prophet Muhammad. Sharia law covers various topics, such as worship, ethics, family, inheritance, contracts, crimes, and punishments. Sharia law is not a fixed or uniform code, but rather a dynamic and diverse body of jurisprudence that evolves and adapts to different contexts and circumstances.

In Qatar, Sharia law is applied in the Sharia courts, which have jurisdiction over family, personal status, inheritance, and some criminal matters. The Sharia courts follow the Sunni Hanbali school of jurisprudence, which is the most conservative and literalist of the four Sunni schools. The Sharia courts also recognize the Shia Jaafari school of jurisprudence, which is followed by the Shia minority in Qatar. The Sharia courts have the authority to issue fatwas, or religious rulings, on various issues, such as marriage, divorce, custody, inheritance, apostasy, blasphemy, adultery, homosexuality, alcohol consumption, and theft. The Sharia courts can impose punishments such as flogging, stoning, amputation, and death, depending on the severity and nature of the crime. However, these punishments are rarely carried out in practice, and are subject to the approval and discretion of the Emir.

Conclusion

Qatar is a country that has a unique and complex legal system, which combines civil and Sharia law. The legal system reflects the historical and cultural influences of the country, as well as the need to balance between tradition and modernity. The legal system also aims to achieve the goals of the Qatar National Vision 2030, which are human development, social development, economic development, and environmental development. For expats who are living or working in Qatar, it is important to understand the basic features and provisions of the legal system, especially when it comes to marriage, divorce, and dispute resolution. It is also advisable to seek professional legal assistance or advice when facing any legal issue in Qatar, as the laws and procedures may differ from their home country. One of the options for getting free legal advice and representation is the Pro Bono Service from the Qatar International Court and Dispute Resolution Centre, which is a service that connects eligible individuals with qualified and experienced lawyers who volunteer their time and expertise to help them with their case.

Disclaimer: This article provides general information and should not be construed as legal advice. Please consult with a qualified and experienced Lawyer for personalized guidance regarding your specific situation.