Oman Legal System Overivew
Legislation in Oman is based on Islamic Sharia law. Oman does have its own constitution which is the Basic Statute of the State 1996. This is the first written constitution of the Oman. The judiciary was founded by the issuance of the Judicial Authority Law by Royal Decree No. (90 99) amended by Royal Decree No. (142001). The Supreme Judicial Council was established by Royal Decree No. (9/2012). Article 60 of the constitution states that the judiciary shall be independent.
Article 67 of the constitution provides for the establishment of the administrative judiciary. The administrative judiciary is established and regulated by Royal Decree No. 99/91 which provides for the establishment of the Administrative Court and issuing its law and was implemented as of 1/2/2000.
The Royal Decree No. (101/96) stipulates that administrative disputes are to be settled by a special court for cases related to this area. This has created the Administrative Affairs Council of the Judiciary which is headed by the Head of the Supreme Court, Vice President of the Supreme Council of the Judiciary. By establishing the administrative judiciary this has created a dual judicial system in Oman which is separate from its ordinary judiciary. The administrative judiciary provides a separation of administrative disputes, as well as guaranteeing the rights of individuals.
In 2015 the Administrative Affairs Council set up the Public Money Court that will deal with administrative and financial corruption issues. Corruption is dealt under The Omani Penal Code and the Law for the Protection of Public Funds and Avoidance of Conflicts of Interest. The government generally implements these laws effectively therefore Oman’s judicial system carries a low corruption risk for companies. The courts in Oman are perceived as impartial and independent. Business executives perceive the courts to be moderately effective in settling disputes and in challenging government regulations. Enforcing contracts is less costly and less time-consuming than elsewhere in the regional. Nonetheless, enforcing contracts is a slow process.
The legal system in Oman for commercial law was drafted on the basis of international laws and principles, for the settlement of commercial and business disputes.
Oman has signed to several different international treaties such as the Convention on the Elimination of all forms of discrimination against Women- ratified 7 Feb 2006; International Convention on the Elimination of all forms of Racial Discrimination- ratified 2 Jan 2003; Convention on the Rights of the Child- ratified 9 Dec 1996 Optional Protocol to the Convention on the rights of the child on the involvement of children in armed conflict- ratified 17 Sep 2004.
Article 72 of the Constitution places the treaties and agreements signed between Oman and other States and international bodies and organizations above the Constitution since it provides that it “shall not prejudice” any treaties or agreements. Article 79 of the constitution states that the “Laws and procedures which have the force of Law must conform to the provisions of the Basic Statute of the State”. In addition, article 80 provides that no authority in the State may issue rules, regulations, decisions or directives that go against the laws and decrees which are in force or international treaties and agreements which are part of the countries laws.
