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QATAR1 OVERVIEW of MUSLIM FAMILY LAWS & PRACTICES (Updated As at 31 May 2017)

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QATAR1 OVERVIEW of MUSLIM FAMILY LAWS & PRACTICES (Updated As at 31 May 2017) QATAR1 OVERVIEW OF MUSLIM FAMILY LAWS & PRACTICES (Updated as at 31 May 2017) Description Family Law Matter Legislative Framework Case Law Policy Procedure Practice Equality of spouses in marriage Article 35 of the Constitution Qatar has According to the states that all persons are equal reservations to 2016 UNDP Human Is there a Constitutional provision before the law and there shall be Articles 2(a), 9(2), Development on equality and are there excep- no discrimination whatsoever on a 15(1), 15(4), Report, Qatar tions? Are there specific laws that number of basis, including 16(1)(a), 16(1)(c), ranked 33 on the recognise marriage as a partner- gender.2 16(1)(f) and 29(2) of UNDP Human ship of equals i.e. are family laws CEDAW.8 Development Index and/or other laws relating to mar- Article 21 of the Constitution and 127 on the riage and family relations codified states that the family is the basis The Qatari UNDP Gender or uncodified? If codified, what of the society and is founded on government cited Inequality Index.12 are the titles of all the applicable religion, ethics, and patriotism. It the apparent laws? If codified, do these laws also commits the law to provide inconsistencies According to Qatar’s apply to all citizens irrespective of for adequate means to protect the between the 2012 Multiple religion? If not, do these laws ap- family, support its structure, provisions of Cluster Indicator ply to all Muslims or are there dif- strengthen its ties, and protect CEDAW it has Survey, about 5% of ferent codified laws for different maternity, childhood, and old reservations to and households in Qatar sects within Islam? If uncodified, age.3 Islamic law, Qatari are headed by or if codified laws do not suffi- law (family and women.13 ciently address a particular issue, The Qatari Family Law (QFL) is citizenship) as well how is the issue addressed e.g. the main codified law that governs as established According to a civil what Muslim school of law is ap- matters relating to marriage and practices as the society report, the 1 This Musawah project to map Muslim Family Laws globally was led by Zainah Anwar and coordinated by Lead Researcher Sharmila Sharma, with substantive support from Salma Waheedi and students at the International Human Rights Clinic, Harvard Law School. For this Qatar country table, we would also like to thank Kierra Jones and Cassandra Rasmussen from Harvard Law School, and Mashael M. Al-Sulaiti for their inputs in its preparation. 2 Article 35 of Qatar’s Constitution (2004), http://portal.www.gov.qa/wps/wcm/connect/5a5512804665e3afa54fb5fd2b4ab27a/Constitution+of+Qatar+EN.pdf?MOD=AJPERES 3 Article 21 of Qatar’s Constitution (2004), http://portal.www.gov.qa/wps/wcm/connect/5a5512804665e3afa54fb5fd2b4ab27a/Constitution+of+Qatar+EN.pdf?MOD=AJPERES 1 plicable? Do these laws explicitly family relations of the Muslim main reason for the flexibility accorded state gender-stereotypical roles majority population in Qatar.4 In reservations.9 to judges in the QFL between husbands and wives e.g. the absence of codified law that to interpret the law the husband is the head of the sufficiently address a particular The Government of is a double-edged household or the wife is the pri- matter of personal status of Qatar explained in sword. Interviews mary caregiver? Muslims, according to Articles 3 its 2012 report to the with lawyers and and 4 of the QFL, the rules of CEDAW Committee other specialists Applicable CEDAW Provision Hanbali jurisprudence (fiqh) that:10 working on family Article 16(1)(c) apply.5 issues indicate that Paras. 17-18 GR21 • The QFL is a this “room for Paras. 54-55 GR29 Unless they request for the QFL product of interpretation” has to apply to them, marriage and extensive allowed for family relations of Muslims of discussions subjectivity and other schools of thoughts apart among Islamic personal bias in the from Hanbali as well as marriage scholars, legal Qatari courtrooms. and family relations of Qatar’s experts and Women are non-Muslim minority communities people who work potentially adversely are governed by their own laws as on family and impacted by this per Article 4 of the QFL.6 women’s issues because judges are in Qatar and the mostly males and Despite the equality guarantee of Arab world; function against a Article 35 of the Constitution, the background of a 14 QFL provides for a marital frame- • The QFL offers patriarchal society. work based on ‘reciprocal’ or some flexibility in ‘complementary’ rights (as op- its application. posed to ‘equal’ rights) between While the law the two spouses, whereby in re- states that the turn for maintenance and protec- prevailing view of 8 United Nations Treaty Collection Website, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&clang=_en 12 UNDP, “Human Development Report 2016”, Table 5, pp. 214-217, http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf 13 Qatari Ministry of Development Planning & Statistics et. al, “Qatar Multiple indicator Cluster Survey 2012”, Table HH.3, p. 38, https://mics-surveys- prod.s3.amazonaws.com/MICS4/Middle%20East%20and%20North%20Africa/Qatar/2012/Final/Qatar%202012%20MICS_English.pdf 4 Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 5 Articles 3, 4 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 6 Article 4 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 2 tion from her husband, a wife is the Hanbali fiqh expected to obey him. Thus: 7 should be followed to • Article 9 of the QFL defines resolve matters marriage as a “legitimate not covered in the contract between a man and QFL, a court has woman on the basis of discretion to sustainability, and its aim is follow other Sunni cohabitation and securing schools of chastity”; thoughts or the general rules of • Article 56 promotes mutual, Islamic respect, kindness and jurisprudence to intimacy between spouses to achieve a conserve that family’s welfare satisfactory (including with the parents and outcome so long relatives of the spouses) and as the court ensure the best possible provides reasons development of the children; for its decision; and • Article 57 provides that a husband must; (i) provide his • Non-Muslims are wife with a dower (mahr) as government by well as permanent financial their own special maintenance (nafaqa); and (ii) provisions. permit her to visit her parents and relatives. The husband is The Qatari also not entitled to intervene in government also 11 his wife’s private property; explained that: 9 United Nations Treaty Collection Website, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&clang=_en 10 Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), paras. 414-416, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 14 Independent Group of Concerned Citizens, “Qatar Shadow Report’, Submission to the CEDAW Committee for the 57th Session, 2013, pp. 13-14, http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/QAT/INT_CEDAW_NGO_QAT_16177_E.pdf 7 Articles 9, 56-58, 61, 69 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 11 Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), paras. 426-427, 454, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 3 • Article 58 provides that the • According to husband is entitled to: (i) the Shari’ah, care and obedience of his husbands are wife; (ii) his wife’s duty to be responsible for responsible for the household protecting and and looking after their maintaining the children; family; • Article 61 reiterates the • The role of the husband’s duty to provide his man in the family wife with adequate financial is not that of a maintenance; supervisor but rather a • Article 69 states that a responsibility that “disobedient” wife risks losing must be borne by her financial maintenance. A one of the wife is deemed “disobedient” if marriage she: (i) refuses to surrender partners. This is herself to her husband without in line with the legitimate reason; (ii) refuses following verses to move to the marital home in the Quran: (i) without legitimate reason; (ii) ‘And they leaves the marital home (women) have without legitimate reasons; (iv) rights similar to refuses to travel with her those (of men) husband when moving to over them in another dwelling without kindness, and legitimate excuse; (v) travels men are a degree without the permission of her above them. God husband; (vi) works outside is Mighty, Wise’ the home without the (Koran, verse 208 permission of her husband, of the chapter unless he is abusing his right entitled Al-Baqrah in preventing her from (The Cow); and working. (ii) ‘Men are custodians of women, because 4 God hath made the one of them to excel the other, and because they spend of their property (for the support of women)’ (Koran, verse 34 of the chapter entitled Al-Nisa’ (Women); • The custodianship arrangement does not imply that men can rule over women or dictate to them, nor does it mean that a wife or a woman can be denied her family role. A relationship based on respect, which is what the Shari’ah seeks to foster, must be based on balanced and equal rights and obligations and on consultation in married life; 5 • Some men mistakenly believe that custodianship means that they have the right to rule over their wives and to decide what kind of work their wives can and cannot do or what occupation they may pursue.
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