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Durham E-Theses Durham E-Theses The implications of legal change and political reform for the workings of the Majlis A' Shura and Majlis A' Dawlah in Oman (1981-2003) Al Kathiri, Said Masoud Naoom How to cite: Al Kathiri, Said Masoud Naoom (2007) The implications of legal change and political reform for the workings of the Majlis A' Shura and Majlis A' Dawlah in Oman (1981-2003), Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/1852/ Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in Durham E-Theses • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full Durham E-Theses policy for further details. Academic Support Oce, Durham University, University Oce, Old Elvet, Durham DH1 3HP e-mail: [email protected] Tel: +44 0191 334 6107 http://etheses.dur.ac.uk 2 The Implications of Legal Change and Political Reform for the Workings of the Majlis A' Shura and Majlis A' Dawlah in Oman The copyright of this thesis rests with the author or the university to which It was submitted. No quotation from it, or Information derived from It may be published without the prior written consent of the author or university, and any Information derived from it should be (1981-2003) acknowledged. Said Masoud Naoom Al Kathiri I 17 APR2007 Abstract A number of difficulties presented themselves in the attempt to draw together a cohesive study on the experiences and the implications of legal change and political reforms in the Sultanate of Oman from 1981-2003. The biggest obstacle has been a lack of research in However, by focusing Council Oman this area. on the two chambers of the of - Majlis A' Shura and Majlis A' Dawlah we attempt to fill in some of the more important gaps by focusing on how Arabs were already practicing some of the legal and political approaches similar to those of Shura before Islam, Shura in Islam, and democratic practices in Oman traditionally through to modern times. We look at Oman itself, the structure of its political system and administrative divisions The study presents various views on the political reforms to date in the Co-operation Council of Gulf Arab States (GCC) and Oman, and discusses the historical ties between the citizens of these countries, the resemblance of the political regimes, the statues quo and the visions for the future. This research takes account of the State Consultative Council (SCC 1981-1990) as the first formal (representative) institution and advisory authority formed by the government where members are fully appointed. The Majlis Shura (the Shura Council) is eximined this replaced the previous Council in 1991, and this study analyses its tasks, duties and power, and considers its working mechanisms. The study looks at the Majlis A'Dawlah (the State Council) established in 1997 and its merging with Majlis A'Shura to form the Council of Oman; the main objectives leading to the establishment of the State Council; and the similarities and differences between the two Councils. The study also analyses through a survey the key (internal reasons and external) behind the establishment of Majlis A'Shura, and evaluates the legal and political reforms process through the two councils and the negative impact of 2 the 1997 amendments on the role of the Majlis A' Shura. The final part of the study makes recommendations for future development and improvements in the role and performance of the Majlis Shura as well as the Shura as a whole. 3 Acknowledgments Thank God. for His help with this work her I owe a great debt of gratitude to: my mother Khair who has always enfolded me with love and affections, to my late father Masoud and my grandmother Stana who unfortunately both passedaway while I was pursuing my studies abroad, making it impossible for me to attend their funerals; to my elder late brother Salem who always helped me; and to my younger late brother Mustahil who always supported me in my endeavours to complete my studies and to his late wife Khiar, their late only son Said my nephew, and to my other late nephew Ali who were all sadly killed in the same car crash;- God give them mercy and peace. Special thanks to my other brother, Ahmed; and to my sisters Fatma, Tafool, and Khiar for their support. My heartfelt thanks and gratitude to my beloved wife Tafool for her encouragement and enduring looking after the children throughout the period of my study. Many thanks to my supervisor, Professor Anoush Ehtishami, for his valuable comments and advice. I am most grateful to the people who allowed me to interview them for this study. I also appreciate the assistance and advice from the many other people, during the preparation of this work. And finally, I would also like to express gratitude to all those who dedicated their lives and who paid the ultimate price for the sake of knowledge and a brighter future of my country. 4 Table of Contents Page Number Abstract 2 Acknowledgements 4 5 Table of Contents Chapter 1 Introduction to the Study 15 1.1 Rationale and obstacles to the study 15 1.2 Objectives of the Study 16 1.3 Hypothesis 17 1.4 The structure of the study 18 1.5 Methodology 20 1.6 Definitions of Democracy and debates 22 1.7 The conditions of democracy 24 1.8 The role of political culture 26 1.9 The benefits of democracy 26 1.10 Democratisation 27 1.11 Democracy and Shura in Islam 28 1.11.1 Election of leaders 29 1.11.2 Democracy and Islam 30 1.11.3 Democracy and Shura 31 1.12 A'Shura in Islam 32 1.13 Political rationale in Oman and beyond 40 1.13.1 Practising democracy in Oman traditional and in modern times 1.14 On the Arab world level 46 1.15 On the international level 46 Chapter 2 The Administrative Profile of Oman 2.1 Introduction 48 2.2 The Population 50 2.2.1 The 1993 Census 50 5 Table of Contents continued Page 2.3 The 2003 Census 52 2.4 The political and administrative system 53 2.4.1 Political system 53 2.4.2 The administration system 54 2.5 Supervisory levels 55 2.6 The cabinet of ministers 56 2.7 The specialised councils 58 2.8 The administrative division of (1991) 59 2.8.1 Amendments 60 2.9 Administrative independence and power 60 2.10 The significance of the administrative system 61 2.10.1 The Governorates 61 2.11 The regions 63 2.12 The Wali's tasks 64 2.13 Askars (the traditional guards) 65 2.14 Conclusion 66 Chapter 3 The Gulf Cooperation Council 67 3.1 Introduction 67 3.2 The implications of oil discovery 67 3.3 The Gulf wars 68 3.4 The member states of the GCC 71 3.4.1 Geographical location 71 3.4.2 Population 71 3.4.3 The establishment of the GCC 71 3.5 Resemblence of systems in the GCC states 71 3.6 Political structure 73 3.7 The development of the GCC 74 3.8 Economic structure 75 3.9 Important indicators 75 3.10 Obstacles 77 6 Page Table of contents continued 3.11 Important concepts for the future 78 3.12 The GCC countries 81 3.12.1 Kuwait 81 3.12.2 Qatar 87 3.12.3 Bahrain 90 3.12.4 Saudi Arabia 93 3.12.5 United Arab Emirates 96 3.12.6 Oman 100 3.13 Conclusion 103 Chapter 4 The establishment of Al-Majlis El-Estishari lil- 105 Dawla (The State Consultative Council) 4.1 Introduction 105 4.2 Membership and its conditions 106 4.2.1 Conditions for membership 106 4.2.2 Member Immunity 106 4.3 The terms of the SCC (1981-1990) 107 4.3.1 The first (October term 1981 - September 1983) 107 4.3.2 The term (October second 1983 - December 1985 107 4.3.3 The third term (January 1986-December 1987) 108 4.3.4 The fourth term (January 1988-December 1989) 108 4.3.5 The fifth term (January 1990-December 1993) 109 4.4 Functions of the Council 109 4.5 The internal regulations of the State Consultative 110 Council 4.5.1 General rules 110 4.5.2 The main bodies of the State Consultative Council 111 4.6 The Council's meetings and recommendations 117 4.7 The Council's affairs 121 4.8 Amendments 122 4.9 Conclusion 125 7 Page Table of Contents Continued 128 Chapter Five The establishment of the Majlis A'Shura The Consultation Council -1991 5.1 Introduction 128 5.2 Changes in the Majlis A'Shura 130 5.3 The terms of the Majlis A'Shura 132 5.3.1 The first term (1991-1994) 132 5.3.2 The different styles of nominations in the first term 132 5.3.3 The second term (1994-1997) 134 5.4 Representatives of the governates and regions 136 5.5 Nominees and nominators 137 5.6 Two women in the Majlis A'Shura 139 5.7 The third term (1997-2000) 140 5.7.1 The nominators 140 5.7.2 Women's participation in the third term 141 5.7.3 The regulations and procedures issued in the third 141 term (1997-2000) 5.7.4 One day for election throughout the country 142 5.7.5 The time of voting 143 5.7.6 Two votes for some wilyats in the third term 143 5.7.7 Sub-committees 143 5.7.8 The nominations applications in the third term 144 5.7.9 Nomination as a personal right in the third term 145 5.7.10 The central nomination committee (the third term) 145 5.7.11 The nomination and ballot committees 147 5.7.12 Appeals against the election results (the third term) 147 5.7.13 The media 148 5.8 The fourth term (2001-2003) 148 5.8.1 The most important issues and changes 148 5.8.2 Fixing the date of election and its exception 148 5.8.3 Non-governmental selection 149 8 Page Table of contents continued 5.8.4 One phase only
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