Qatar Legal Profile

The Qatari legal system is a civil law system with Sharia influences, the latter particularly relating to personal and family matters. The constitution is the supreme law and also confirms the status of religious law, stating that ‘Islamic law is the main source of… [Qatar’s] legislations.’[1] Although the Advisory Council forms the legislative branch, their power is limited by the power of the executive. The emir has the power to send laws back to the Advisory Council and no law may be passed without being ratified by the emir.

Moreover, the Council’s members are appointed by the emir and may be removed by him. The emir can also issue laws by decree and order the suspension of draft laws if he deems it in the country’s interests.[2]

The judicial system is overseen by the Supreme Judiciary Council and includes courts of appeal and cassation, as well as Sharia courts which rule on matters of personal status. The constitution also affirms the judiciary’s independence in Articles 129-131.[3]

Nevertheless, the judiciary is not wholly separate. Judges are appointed by the emir, upon the recommendation of the Supreme Judiciary Council, for repeatable terms and in 2015 around 55% of judges were foreign nationals, dependent on residency permits.

Thus, judges are completely reliant on the emir’s favour to stay in office.[4] Furthermore, although petty corruption is almost non-existent in all sectors, and anti-corruption measures are generally effective, patronage networks and clientelism are institutionalised across the government, business sector and judiciary. Royals, high-ranking officials and well-connected persons are rarely prosecuted for corrupt practices; these patronage networks mean impunity is widespread in the Qatari elite. The judiciary is also reported to discriminate against foreigners in favour of Qatari nationals.[5]

The Qatari Civil Code, Law 22/2004, is based upon that of Egypt. The Code is the primary contract law of Qatar and also governs a range of other items, such as obligations, consent and possession.[6] Commercial life is governed by the Trading Regulation Law, Law 27/2006, which regulates commercial premises, transport, brokerage, securities and bankruptcy as well as other aspects of commercial life.[7]

The primary anti-corruption legislation is the Penal Code, Law 11/204. This also includes a range of crimes, such as rape or murder, which carry corporal and capital punishment, although the latter is rare.[8] Meanwhile, the Foreign Investment Law, 13/2000, defines the provisions to which foreign direct investment must abide.

In from late 2016-2017 Qatar also reformed its labour laws to end the kafala system and to introduce a minimum wage of US$200 for all workers for the first time. This was following accusations of forced labour being utilised on World Cup projects and the threat of an International Labour Organisation investigation.

Qatar is a signatory to a number of international treaties and conventions including the Geneva Conventions, the 1958 New York Convention, the Terrorist Financing Convention and the Framework Convention on Climate Change as well as its Kyoto Protocol.

Qatar is also a member of the Arab League, the Gulf Cooperation Council, albeit a currently ostracised member, the Organisation of Petroleum Exporting Countries, Gas Exporting Countries Forum and the Organisation of Islamic Cooperation. Article 68 of the constitution confirms that international treaties and agreements have the force of domestic law once ratified and published.[9]

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References

[1] https://www.constituteproject.org/constitution/Qatar_2003.pdf?lang=en.

[2] http://www.nyulawglobal.org/globalex/Qatar1.html#QatarLegalsystem.

[3] https://www.constituteproject.org/constitution/Qatar_2003.pdf?lang=en.

[4] https://www.bti-project.org/fileadmin/files/BTI/Downloads/Reports/2016/pdf/BTI_2016_Qatar.pdf.

[5] http://www.business-anti-corruption.com/country-profiles/qatar.

[6] http://www.almeezan.qa/LawView.aspx?opt&LawID=2559&language=en.

[7] http://www.almeezan.qa/LawPage.aspx?id=2572&language=en.

[8] http://www.almeezan.qa/LawPage.aspx?id=26&language=en.

[9] https://www.constituteproject.org/constitution/Qatar_2003.pdf?lang=en.