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

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

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

• 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

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;

• 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. This is to misunderstand what custodianship means and is a misconstruction that the authorities responsible for dealing with Islamic and family affairs are attempting to rectify;

• Shari’ah and Qatari laws afford women equitable treatment in marriage and in family relations. However, there is lack of

awareness among women of their legal rights, particularly with regard to personal status matters. This leaves them vulnerable to discrimination and poses a challenge to the efforts made at the governmental and non- governmental levels to achieve gender equality.

Minimum and equal legal age The minimum legal age for mar- The Government of According to for marriage riage is 16 for females and 18 for Qatar in its 2012 UNICEF’s State of males as per Article 17 of the report to the the World’s Children Is there a minimum age of mar- QFL. However Article 17 also CEDAW Committee 2016 report, 4% of riage? Are there exceptions to the provides that girls and boys below explained that:17 women aged 20- 24 minimum age (e.g. min. age at 18, 16 and 18 respective may marry in Qatar were first 18 with exceptions to 16)? Is there after: (i) the approval of their • Pursuant to the married by 18. an absolute minimum age without guardians; (ii) verification of the QFL, the mini- exceptions? Is there equality in consent from both parties to the mum age for mar- According to UN the minimum age of marriage? marriage contract; and (iii) the riage is 16 for World Marriage Da- Does the minimum age of mar- permission of a competent girls and 18 for ta 2015, the average riage match the age of majority? Judge.15 boys. The law al- of first marriage Is there a minimum age verifica- lows girls below among Qatari fe- tion process before the marriage The law does not stipulate an 16 to marry with males was 25.8 and

15 Article 17 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 17 Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), paras. 422-423, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 18 UNICEF, “The State of the World’s Children 2016”, Table 9, pp. 150-153, https://www.unicef.org/publications/files/UNICEF_SOWC_2016.pdf

is concluded? absolute minimum age below her guardian’s 27.6 among Qatari which a marriage may not be consent, with the men in 2004.19 Applicable CEDAW Provision authorised. proven consent of Article 16(2) both parties and According to a civil Paras. 36-39 GR21 The minimum legal age for with permission society report, marriage is below the legal age of from a competent issues of concern civil majority. Under Article 189 of judge; with regard to child the QFL, the legal age of civil ma- marriages include:20 jority is 18 for both females and • Prior to the issu- 16 males. ance of the QFL, • The difference in there was no min- the minimum imum age for legal age for marriage; marriage between girls and • Education is one boys; of the main fac- tors that explains • Authorisation of a why early mar- marriage below riage in Qatar is a the minimum rare occurrence. legal age for marriage is very dependent on each judge and their individual interpretation of what is “proper”;

• The procedure for a minor to consent or object to a marriage is unclear.

16 Article 189 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 19 United Nations Population Division, “World Marriage Data 2015”, https://esa.un.org/ffps/Index.html#/maritalStatusData 20 Independent Group of Concerned Citizens, “Qatar Shadow Report’, Submission to the CEDAW Committee for the 57th Session, 2013, p. 13, http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/QAT/INT_CEDAW_NGO_QAT_16177_E.pdf

Women’s consent to marriage Regardless of their age, both pro- The Government of There is no manda- spective brides and grooms must Qatar reiterated in tory standardised Is a marriage valid without the consent to the marriage. Conse- its 2012 report to the marriage contract, woman’s consent? Is the practice quently, ijbar marriages are pro- CEDAW Committee However, there is an of forcing women to marry against hibited. that for a marriage authenticated sam- their will (ijbar) prohibited? Is to be valid it is ple marriage con- there a standard marriage con- Article 12 of the QFL provides that essential that the tract issued by the tract? If so, what are its broad a valid marriage contract must woman consents to Supreme Council of provisions and is there anything fulfil these conditions: (i) The the marriage.25 Judiciary which indi- particular in the contract that parties must be competent and be cates the contract ought to be highlighted on the free from any legal disabilities that date, name of regis- basis that it advances women’s would inhibit them from entering trar, names, nation- rights or otherwise? Is it mandato- into a marriage contract; (ii) A alities, ID No. of wife ry to register a marriage? valid offer and acceptance; (iii) and husband, place Appropriate guardian; and (iv) of issue, dates of Applicable CEDAW Provision Appropriate witnesses.21 birth of couple, and Article 16(1)(b) dowry.26 Paras. 15-16 GR21 Article 13 provides that for an Paras. 25-26, 33-34 GR29 offer and acceptance to be valid, The website of the it must be made with the full Qatari e- consent of the parties to the Government con- marriage contract.22 tains some information on the pro- Article 28 provides that a cedure for registra- woman’s marital guardian (wali) tion of marriages.27 may only conclude her marriage with her consent.23

The mandatory registration (nota- risation) of marriages is provided

21 Article 12 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 22 Article 13 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 23 Article 28 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 25 Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), para. 418, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 26 Information obtained from Qatari advocate 27 Qatar e-Government Website, http://portal.www.gov.qa/wps/portal/topics/Religion+and+Community/Marriage+and+Family

for in Article 10 of the QFL which requires a marriage to be officially documented. However, non- registration of a marriage does not necessarily invalidate the marriage. Article 10 also provides that a marriage may be proven by other evidence as may be decided by a judge.24

Women’s capacity to enter into Regardless of her age, a prospec- The Government of Conditions that may According to marriage tive bride requires the consent of Qatar in its 2012 be stipulated in the information on the a marital guardian (wali) to enter report to the marriage contract ground, it is not Is consent of a marital guardian into marriage. The guardian must CEDAW include: 32 common for a (wali) required? If so, can a wom- be Muslim and must be the pro- Committee:31 woman to bring a an choose her own wali? Can a spective bride’s father followed by • The wife must be case to court to woman go before a court or other the agnate grandfather, son, full • Confirmed that allowed to obtain permission to competent authority to seek per- brother, paternal half-brother, full the law prohibits continue to study marry if her mission to marry if her wali refus- uncle and then paternal uncle.28 a woman from or work; guardian objects to es to consent to her marriage? concluding her her marriage for fear Can a woman negotiate her mar- If the guardian opposes the own marriage • The husband of family or societal 33 tial rights prior to marriage and marriage, the prospective bride contract. She cannot take backlash. can these rights be changed dur- may seek the authorisation of a needs the another wife ing marriage? If so, who can judge to get married. The judge consent of her without the change these rights and under may authorise the marriage after martial guardian, permission of the what circumstances e.g. mutual considering the suitability of the who may be her wife; consent? marriage and determining that the father, agnatic marriage is in the interest of the grandfather, son, The wife will not 29 • Applicable CEDAW Provision couple. and other male be required to Articles 16(1)(a), 16(1)(b) relatives as accompany her

24 Article 10 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 28 Article 26 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 29 Articles 27, 29 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 31 Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), paras. 419-421, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 32 Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), paras. 421, 425, 438, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 33 Information obtained from Qatari advocate, April 2017

Paras. 15-16 GR21 Pursuant to Article 53 of the QFL, specified by the husband on his Para. 34 GR29 both spouses may stipulate any law; travels; condition in their marriage contract so long as the conditions: (i) • Assured that • The husband and are not inconsistent with the women are wife agree to essence of marriage; and (ii) do protected from jointly own assets not contradict Shari’ah or Qatari arbitrary denial by acquired during law. An aggrieved spouse may file a guardian of her the marriage; for divorce for breach of a condi- right to marry as 30 tion in the marriage contract. she may seek the • The wife is assistance of a delegated the right judge to authorise to divorce (isma). her marriage;

• Parties to a marriage may include special conditions in the marriage contract. Thus, a woman may stipulate in a marriage contract that she must be allowed to continue to study or work, that her husband cannot take another wife, or that she will not be required to accompany her husband on his travels.

30 Article 53 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf

Polygamous marriages A Muslim man may marry up to A woman may According to Qatar’s four wives at one time without stipulate in the 2012 Multiple Does the law prohibit polygamy or much restrictions. marriage contract Cluster Indicator impose strict conditions on such that her husband Survey, about 4% of practice? Is the permission of the Article 14 requires a marriage may not take marriages in Qatar court required for a polygamous registration officer to ensure that another wife. If the are polygamous.41 marriage? Is the permission of an the new wife is aware of the husband breaches existing wife required for a polyg- husband’s financial capabilities this term of the According to infor- amous marriage? Is it necessary before registering the marriage. If marriage contract, mation on the to inform an existing wife of the the husband and wife agree to the woman may ground, it is not polygamous marriage? Are tem- proceed, the officer may not seek judicial common practice for porary marriages such as travel- refuse to register the marriage. divorce.40 a woman to stipulate er’s marriages (misyar) recog- Article 14 also provides that in all in the marriage con- nised? Is it necessary to register a cases, existing wives must be tract that her hus- polygamous marriage? Can a informed of the marriage after its band may not take woman stipulate in the marriage conclusion.34 another wife be- contract that her intended hus- cause Shari’ah al- band cannot enter into a polyga- Article 25(2) prohibits a man from lows a man to have mous marriage? marrying more than four wives at up to four wives at one time.35 one time. This shall Applicable CEDAW Provision not prevent the wife Para. 14 GR21 Article 57(6) requires that a hus- to request divorce if Para. 34 GR29 band treat multiple wives fairly.36 she incurred dam- ages arising out of Article 66 provides that the wife such polygamous shall have no right to marriage.42 accommodate her children from another husband in her marital

34 Article 14 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 35 Article 25(2) of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 36 Article 57(6) of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 40 Article 53 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf; Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), para. 421, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 41 Qatari Ministry of Development Planning & Statistics et. al, “Qatar Multiple indicator Cluster Survey 2012”, Table CP.5, p. 102, https://mics-surveys- prod.s3.amazonaws.com/MICS4/Middle%20East%20and%20North%20Africa/Qatar/2012/Final/Qatar%202012%20MICS_English.pdf 42 Information obtained from Qatari advocate, April 2017

home, Unless: (i) they have no custodian other than herself or they would be disadvantaged by parting with her; and (ii) the husband has agreed to that expressly or impliedly. However, Article 66 provides that the husband shall have the right to accommodate his parents and his children from other women with his wife in the marital home if he is responsible for their support, provided that she may not be disadvantaged.37

Article 67 prohibits a husband from housing a new wife in the home of an existing wife, except with her consent.38

The law is silent on the prohibition or otherwise of temporary marriages. Article 9 of the QFL provides that marriage is made “on the basis of sustainability”. Article 49 provides that a marriage may be proper or improper. An improper marriage will be invalid and void. Article 50 provides that a proper marriage is one that meets all the preconditions and conditions of a valid marriage contract without any legal imped- iments. Article 51 provides that an

37 Article 66 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 38 Articles 67 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf

invalid marriage is a marriage that fails to fulfil one of the preconditions or conditions of a valid marriage contract.39

Divorce rights The QFL provides for three differ- The Government of ent mechanisms for divorce: (i) Qatar in its 2012 Is there equal right to divorce be- unilateral repudiation by the hus- report to the tween women and men? Can the band (talāq); (ii) judicial divorce; CEDAW husband divorce without reason and (iii) compensated divorce Committee:54 and without having to go to court? (khul’).43 What are the main forms of di- • Confirmed that vorce? Can all forms of divorce be A husband may unilaterally divorces are sought only through the courts? repudiate a marriage, which may essentially Are the grounds for divorce the be which may be effectuated: (i) initiated by men same for the husband and wife? verbally or in writing; (ii) with or but a husband Is unilateral divorce by repudiation without reason; (iii) with or without may authorise his (talāq) prohibited? If unilateral the presence of the wife; and (iv) wife through a divorce is not prohibited, what is inside or outside the court room. If written condition the procedure i.e. is the presence the husband wishes to pronounce in the marriage of the spouse to be divorced re- the repudiation before a judge, contract to ask quired, are witnesses required, the judge will attempt to reconcile him for divorce; does the spouse seeking divorce the parties before the husband need to go to court, is the di- makes the pronouncement. If the • The wife may vorced spouse informed of the husband pronounces the also seek: (i) a divorce? Is the unilateral right to repudiation outside the court, the khul’ divorce, divorce delegated to the wife? If repudiation may be proved by which may be so, is it by law or through the mar- evidence or admission and it must effected orally or 44 riage contract? Is it mandatory to be communicated to the wife. through the register a divorce? payment of A husband may delegate his compensation by Applicable CEDAW Provision unilateral right to divorce to his the wife. If the

39 Article 9, 49-51 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 43 Article 101 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 44 Articles 106-117 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf

Article 16(1)(c) wife (isma) through a stipulation in couple cannot Paras. 17-18 GR21 the marriage contract,45 thus reach an Paras. 34, 39-40 GR29 permitting her to pronounce talāq agreement, they upon herself (talāq-i-tafwid).46 may see redress in court; or (ii) Valid grounds for seeking a judicial divorce judicial divorce by a wife include a based on the husband’s: (i) non-payment of the various grounds dower (mahr) prior to consumma- stipulated in the tion of the marriage; (ii) failure to QFL. provide maintenance; (iii) incurable or severe physical or mental illness; (iv) prolonged absence without reasonable excuse or disappearance; (v) imprisonment of more than two years (wife may seek divorce after one year); (vi) failure to copulate with his wife for more than four months (ila); (vii) act of comparing his wife with another woman with whom he is forbidden to marry (zihar); (viii) accusation under oath of adultery by wife (lian); (vii) failure to convert to Islam should he be non-Muslim.47 In addition, a wife may seek divorce on the basis of detriment which makes it impossible for her to continue with marital life.48

54 Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), para. 438, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 45 Article 109 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 46 Article 113 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 47 Article 123-128, 137-143-155 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 48 Article 129 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf

In the case of a divorce petition based on detriment, if the claim of harm is proven and reconciliation between the spouses is impossible, the judge will grant a divorce and decide on the amount of compensation due to the wife. If the claim of detriment is not proven and the wife insists on her claim, the judge must appoint two arbitrators (one from the husband’s family and one from the wife’s family) who will attempt to reconcile the couple. If reconciliation is impossible, the arbitrators will submit a report to the judge on their attempts to reconcile the couple and their opinion on the extent to which each of the spouses contributed to the break- down in the marriage. The judge will then review the report and either appoint two new arbitrators to start the reconciliation afresh or a third arbitrator to assist the existing two or proceed to make the appropriate ruling. Generally, if the source of the dispute is:49

• The husband, shared or cannot be determined, the judge will grant a divorce without property to be given by one party to another;

49 Article 129-134 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf

• The wife, the judge will grant a divorce with the appropriate value of property to be given by the wife to the husband as determined by the judge.

A wife may seek redemptive divorce (khul’), whereby the wife is granted a divorce in exchange for a mutually-agreed compensation to be paid to the husband. Gener- ally, a khul’ divorce requires the consent of both parties and is not subject to a court ruling. However, if both parties are unable to reach a mutual agreement, a wife may bring a court case where the court will attempt to reconcile the couple by appointing two arbitrators to conduct the reconciliation within six months. If reconciliation is impossible, the Court must grant the divorce on condition that the wife: (i) returns her mahr; and (ii) renounces all her financial rights.50

Article 120 of the QFL prohibits the waiver of child custody or any of the rights of the children as part of the khul compensation.51

The registration of divorce is

50 Article 118-122 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 51 Article 120 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf

mandatory and a standard procedure must be followed.52 Howev- er, non-registration of a divorce does not necessarily invalidate the divorce. Pursuant to Article 113 of the QFL, a non-registered divorce may be proven by petition to a court and the wife must be informed.53

Women’s financial rights after Generally, upon divorce, a woman The Government of A couple may agree According to divorce may be entitled to: (i) financial Qatar in its 2012 on the division of information on the maintenance during the waiting report to the assets acquired ground, the land and Is there a legal concept of matri- period after the divorce (iddah); CEDAW Committee during the marriage housing benefits monial assets? Is there equal di- and (ii) a consolatory compensa- explained that:59 in the marriage that a divorced vision of marital property upon tion (mut’ah). There is no legal contract so long as Qatari woman may dissolution of the marriage? Is the concept of matrimonial assets. • There is nothing the stipulations are be entitled to under woman’s role as wife and mother in Shari’ah that not against the law the Cabinet recognised as contribution to the Under the QFL, a woman may be prevents a or Shari’ah. The Decision No. 17 of acquisition of assets? What entitled to financial maintenance married couple couple may mutually 2007 have been spousal maintenance are availa- during the waiting period after the from agreeing to agree to make sub- suspended for ble to the wife after a divorce? Is divorce (iddah). The amount is share their sequent amend- unknown reasons. she entitled to maintenance dur- determined by court. The iddah finances in their ments to their initial When it was ing the waiting period after the period depends on the woman’s marriage agreement on divi- available, a divorced divorce (iddah)? Is she entitled to situation e.g. whether she is contract. Thus, sion of assets ac- woman may seek a consolatory gift or compensa- menstruating or pregnant and the couple may quired during mar- the benefits by tion upon divorce (mut’ah)? Who generally ranges from three agree that riage so long as the submitting an is responsible for the financial months to one year.55 anything earned amendments do not application to the maintenance of children following by one of them contradict the law or Ministry of a divorce? Can the couple agree Article 115 of the QFL provides during the Shari’ah. The Administrative to the division of assets acquired that a woman has a right to marriage will be agreement on Development, during marriage in the marriage mu’tah compensation if the di- considered joint division of assets Labour and Social

52 Information obtained from Qatari advocate, February 2017 53 Article 113 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 55 Articles 114, 160-162 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 59 Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), para. 425, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

contract? Can this stipulation be vorce was not due to any fault on property such will not be valid after Affairs attached amended? If so, by who and on her part. The amount of the that anything the death of either of with: (i) a copy of what basis e.g. mutual consent? compensation may not exceed earned by one the spouses. In such her ID; (ii) copies of more three years of maintenance spouse; instances, the divi- the birth certificates Applicable CEDAW Provision and is evaluated according to the sion of assets will be for her children or Articles 16(1)(c), 16(1)(h) husband's financial means and • Article 46 of the governed by inher- their IDs; (iii) a copy Paras. 30-33 GR21 the former wife’s status.56 QFL affirms that itance entitlements of the divorce Paras. 34-35, 43-48 GR29 women have the as stipulated by certificate and the Article 46 of the QFL provides that right to have law.61 judicial order for the where a wife has contributed to whatever they divorce; (iv) a copy the marital home, such spend on the In order to enforce a of valid social contribution belongs to her unless marital home court-ordered security card; (v) a an express acknowledgment has returned to them maintenance, a copy of the been made that it was a gift. After while Article 47 woman may file an certificate from the the dissolution of marriage, states that any enforcement case in real estate register parties must provide proof of dispute over the court. A court may indicating that she ownership to be declared the home furnishings order that the hus- has not got a house; legal owner (e.g. invoices or any will be settled band’s bank transfer and (vi) a lease other method of evidence such as based on the court-ordered agreement in case witnesses).57 evidence or a financial mainte- she leases a sworn oath and nance to the wife’s house.63 Following a divorce, a father is Article stipulates bank account under responsible for the financial that if the the court’s supervi- maintenance of his children, and if evidence is sion.62 the mother is the custodian, he is evenly balanced obligated to pay her maintenance or cannot be to cover the expenses of his chil- produced, the dren, including the cost of their spouses must education, healthcare and hous- share the ing. A daughter is entitled to furnishings

56 Article 115 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf ; 57 Article 46 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf; Information obtained from Qatari advocate, April 2017 61 Articles 53, 243 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf; Article 171 of the Civil Code (2004), http://www.almeezan.qa/LawView.aspx?opt&LawID=2559&language=en; Information obtained from Qatari Advocate, January 2017 62 Information obtained from Qatari advocate, April 2017 63 Information obtained from Qatari advocate, April 2017

maintenance until she is married, equally; and a son is entitled to maintenance until he reaches an age • An awareness where he would be expected to campaign has to earn a living, unless he is a stu- be launched to dent, in which case until he com- inform women of pletes his education successful- their rights in this ly.58 area.

The Qatari government also:60

• Acknowledged that in practice, divorced women face many difficulties in having maintenance orders enforced because of various reasons include: (i) the length of procedures; (ii) the ex-husband does not honour his obligation to pay maintenance;

• Informed that the government is examining a proposal to

58 Articles 75-777, 102, 114, 178, 181 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 60 Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), para. 434, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

establish a maintenance fund upon which women may draw if an ex-husband fails to comply with a maintenance order;

• Informed that according to a Cabinet Decision No. 17 of 2007, divorced women are entitled to receive gifts of land from the State and subsidised loans for the construction of a home five years from the date of their divorce.

Custody of Children During marriage both parents According to a civil The Government of According to a civil have custodial rights over their society report, in Qatar in its 2012 society report, Do parents have equal rights over children. In the event of a divorce, what appears to be report to the issues of concern the custody of their children? If a mother has priority right over in direct CEDAW Committee regarding custody of no, who has priority right over the the custody of her children contradiction of the confirmed that both children include:72 custody of the child? Is custody (followed by the children’s father, law, a court spouses are decided based on the best inter- paternal grandmother, maternal validated the actions responsible for • Divorced mothers est of the child? Do mothers au- grandmother, etc. as stipulated in of a husband who caring for the young being deterred

72 Independent Group of Concerned Citizens, “Qatar Shadow Report’, Submission to the CEDAW Committee for the 57th Session, 2013, p. 15, http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/QAT/INT_CEDAW_NGO_QAT_16177_E.pdf

tomatically lose custody upon re- the law), until her daughter had refused to allow children during from remarrying marriage or if she is deemed dis- reaches 15 and her son reaches a mother to have marriage. Upon for fear of losing obedient or when the child reach- 13. Thereafter, custody of the custody of their one- divorce, the right to custody of her es a designated age when custo- children will be determined by a year old child unless provide such care is their children; yet dy goes to father? court. The court may extend the she waived all her assigned as a divorced fathers custody period of a daughter until rights and her child’s matter of priority to may remarry as Applicable CEDAW Provision she marries and a son until he rights to financial the mother.71 many times as Articles 16(1)(d), 16(1)(f) reaches 15 or enable the child maintenance and they wish without Paras. 19-20 GR21 concerned to choose between child support, fear of losing disputing custodians after respectively.70 custody of their investigating their suitability. In all children. There cases, the court is obligated to are indications give the reasons for its decision.64 that some fathers use this as a Despite a mother’s priority right, means to “get courts have to decide custody back” at their cases based on the interest of the former wives; and child. Article 170 provides the criteria upon which a judge must • Numerous cases consider when deciding custody of children being cases. They include the best unjusticiably person with the capacity and separated from ability to raise the child.65 their mothers because of the A mother loses custody of her apparent bias in child as a result of her: (i) existing Qatari immaturity; (ii) dishonesty and laws that favours untrustworthiness; (iii) inability to the father in nurture, raise, maintain and care cases of divorce. for the child in the child’s best interest; (iv) dangerous, contagious or infectious diseases; or (v) her re-marriage to a stranger to the child unless the

64 Articles 166, 169, 173-174 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 65 Article 170 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf

court considers it to be in the best interest of the child to remain in the custody of the mother.66

A non-Muslim mother does not have custody rights to her children after they reach the age of seven.67

Article 176 of the QFL provides that the mother as custodian of the child may keep the original birth certificate, identity card and other official documents of the child. 68

Article 185 provides that a mother as custodian may undertake safe travel with their children to any destination. The judge may intervene should the guardian prevent the mother from such travels, if the judge is satisfied that the person having the right of permission has abused such right.69

70 Independent Group of Concerned Citizens, “Qatar Shadow Report’, Submission to the CEDAW Committee for the 57th Session, 2013, p. 14, http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/QAT/INT_CEDAW_NGO_QAT_16177_E.pdf 71 Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), para. 429, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 66 Articles 167, 168 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 67 Article 175 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 68 Article 176 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 69 Article 185 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf

Guardianship of Children The QFL is silent on the person The Government of with the priority right to Qatar in its 2012 Do parents have equal rights over guardianship of the children in a report to the the guardianship of their children? marriage. Nevertheless, it is CEDAW Committee If no, who has priority right over implied in the QFL that the priority asserted that under the guardianship of the child? Is right to guardianship of the the QFL, women guardianship decided based on children belongs to father through have the right, the best interest of the child? various provisions as follows:73 without discrimination Applicable CEDAW Provision • Article 26 of the QFL provides between them and Articles 16(1)(d), 16(1)(f) that the matrimonial guardian men, to act as Paras. 19-20 GR21 shall be the father followed by custodians of a the paternal grandfather and minor’s property so thereafter a line of male long as she is fair, relatives as stipulated in the qualified, legally law; competent, trustworthy and of • Article 75 provides that the the same religion as 74 father is responsible for child the minor. support. Article 178 provides that the mother is entitled to a custody payment upon divorce from the guardian until her custody of a daughter’s terminates. The amount of such payment is to be calculated based on the status of the guardian of the child under custody and the custodian;

• Article 171 provides that the mother must allow the guardian or agnate to perform his duties as a guardian to supervise the

73 Articles 26, 75, 171, 176, 178, 180, 183 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 74 Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), para. 430, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

good upbringing of the child and protect him from wrongdoing, and to provide the best medication and education to prepare him for his future;

• Article 176 provides that the guardian of the child may retain the child’s passport. However, the mother must be given the passport when she wishes to travel with the child. A judge may order that the mother be granted the right to keep the passport if it is likely that the father may not provide her with the passport in a timely manner when needed;

• Article 180 provides that the child must reside in the country of the guardian, unless the mother is a foreigner;

• Article 183 provide that guardianship will cease if the father or guardian of the child cannot discharge his duties of supervision, education and schooling towards the child under custody by reason of the custodian taking the child, without permission of the guardian, to reside with her in a country which is difficult to reach, unless the court deems the interest of the child requires otherwise.

Family Planning Abortion is strictly prohibited by The Government of According to World law, except in a medical Qatar in its 2012 Bank data, the total Do women require the consent of necessity.75 report to the fertility rate the husband to practise family CEDAW Committee decreased from 7.0 planning, including abortions and explained that:76 children per woman sterilisation in law or in practice? in 1960 to 2.0 in 77 • Family planning 2015. Applicable CEDAW Provision is a private matter Articles 16(1)(e), 12 for the married According to Qatar’s Paras. 21-23 GR21 couples to decide 2012 Multiple between Cluster Indicator themselves and Survey:78 does not allow for outside • 13% of Qatari interference; women aged 15- 49 have an unmet • Rules on the need for family practice of family planning services, planning practice with 9% having an are set out in the unmet need for general spacing and 4% provisions of the an unmet need for Shari’ah and in limiting of the opinions children; and issued by Islamic jurists; and • 39% of Qatari women are using • There is nothing a method of in Shari’ah that contraception, prohibits family with women

75 Articles 315-317 of the Penal Code (2004), http://gulfmigration.eu/database/legal_module/Qatar/National%20Legal%20Framework/Anti- trafficking/2.2%20Penal%20Code%2011%202004_EN.pdf 76 Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), para. 444, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 77 The World Bank, “Fertility rates, total (births per woman)”, http://data.worldbank.org/indicator/SP.DYN.TFRT.IN 78 Qatari Ministry of Development Planning & Statistics et. al, “Qatar Multiple indicator Cluster Survey 2012”, Tables RH.4, RH.5, pp. 62, 65, https://mics-surveys- prod.s3.amazonaws.com/MICS4/Middle%20East%20and%20North%20Africa/Qatar/2012/Final/Qatar%202012%20MICS_English.pdf

planning mainly using a methods, modern method particularly when (34%). justified on legitimate grounds such as illness.

Personal rights of spouses Article 36 of the Constitution According to World provides that personal freedom Bank data, female Does a woman need the consent will be guarantee and a person’s labour force partici- of her spouse or guardian to work, freedom of residence or mobility pation increased choose a profession, leave the may not be restricted except by from 41% in 1990 to house, travel, drive, receive vari- law.79 53% in 2016.83 Dur- ous health services, study, etc. on ing the same period, her behalf? Does a woman have Article 28 of the Constitution male labour force the right to retain her birth name commits the state to guarantee participation was upon marriage or to choose her freedom of economic enterprise stable at 94%.84 family name? Can a woman pro- and provide job opportunities.80 tect her personal rights through According to the her marriage contract? Despite the constitutional 2016 UNDP Human provisions stating otherwise, the Development Applicable CEDAW Provision QFL potentially restricts the Report:85 Article 16(1)(g) personal rights of a Muslim wife Para. 24 GR21 as a result of its maintenance-for- • 71% of women Para. 34 GR29 obedience legal framework. Thus: over 25 have at 81

79 Article 36 of Qatar’s Constitution (2004), http://portal.www.gov.qa/wps/wcm/connect/5a5512804665e3afa54fb5fd2b4ab27a/Constitution+of+Qatar+EN.pdf?MOD=AJPERES 80 Article 28 of Qatar’s Constitution (2004), http://portal.www.gov.qa/wps/wcm/connect/5a5512804665e3afa54fb5fd2b4ab27a/Constitution+of+Qatar+EN.pdf?MOD=AJPERES 81 Articles 58, 65, 69 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 83 The World Bank, “Labour force participation rate, female (% of female population ages 15+) (modelled ILO estimate)”, http://data.worldbank.org/indicator/SL.TLF.CACT.FE.ZS 84 The World Bank, “Labour force participation rate, male (% of male population ages 15+) (modelled ILO estimate)”, http://data.worldbank.org/indicator/SL.TLF.CACT.MA.ZS 85 UNDP, “Human Development Report 2016”, Tables 5, 9, 14, pp. 214-217, 230-233, 250-253, http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf

least some sec- • Article 58 generally requires ondary education her obey her husband; as compared to 68% of men of • Article 65 requires a wife to the same age reside with her husband in the group; accommodation he has prepared and move with him • The ability of fe- when he moves from it, unless males aged 15- she stipulates otherwise in the 24 who are able marriage contract or he to read and write intends by such moving to a short simple distress her; sentence is al- most universal as • Article 69 states that she risk compared to 98% losing her financial of males in the maintenance if she is deemed same age group; “disobedient”. Acts of and disobedience include the wife: (i) refusing to surrender • 89% of women herself to her husband without are satisfied with legitimate reasons; (ii) refusing their freedom of to move to the marital home choice as com- without legitimate reason; (iii) pared to 91% of leaving the marital home men. without legitimate reasons; (iv) refusing to travel with her According to a civil husband when moving to society report, another dwelling without Qatari women are legitimate excuse; (v) traveling often required by without the permission of her employers to husband; and (vi) working provide proof of outside the home without the consent to work permission of her husband, from their male unless he is abusing his right guardians before in preventing her from working. For working. instance, as a

The QFL does confer a wife some precondition to personal rights:82 teach at local independent • Article 57 guarantees a wife’s schools, Qatari right to leave the marital home female teachers are to visit her parents and close required to provide a family; and letter of approval from their male • Article 68 obligates the guardians. The husband to allow his wife to report highlighted complete her compulsory the case of a Qatari education and/or continue her teacher with more education in Qatar as long as than 20 years it does not conflict with her having to pay her family duties. abusive husband to write her the necessary letter of consent.86

Inheritance rights Generally, inheritance rights between women and men are Are women and men in the same unequal. degree of relationship to a de- ceased entitled to equal shares in Article 51 of the Constitution says the estate and to equal rank in the that the right to inherit is order of succession? Are there safeguarded and enshrined in procedures to address any ine- Shari’ah.87 qualities in inheritance between women and men e.g. can a will be Book 4 of the QFL detail the in- written, can beneficiaries agree to heritance shares. In many in- inherit equal shares of the estate stances, such as in the cases of

82 Articles 57, 68 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 86 Independent Group of Concerned Citizens, “Qatar Shadow Report’, Submission to the CEDAW Committee for the 57th Session, 2013, p. 11, http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/QAT/INT_CEDAW_NGO_QAT_16177_E.pdf 87 Article 51 of the Qatari Constitution (2004), http://portal.www.gov.qa/wps/wcm/connect/5a5512804665e3afa54fb5fd2b4ab27a/Constitution+of+Qatar+EN.pdf?MOD=AJPERES

or can the children agree to forgo widows and widowers and sib- their inheritance in favour of their lings, a woman is entitled to half mother upon the death of their the share of a man.88 father?

Applicable CEDAW Provision Paras. 34-35 GR21 Paras. 49-53 GR29

Violence against women in the Article 36 of the Constitution The Government of According to Qatar’s family states that no person may be Qatar in its National 2012 Multiple subjected to torture or degrading Development Cluster Indicator Are there laws that define what treatment.89 Strategy 2011-2016 Survey, about 16% constitute domestic violence such made “reducing of women aged 15- as battery, female circumcision, Qatar has not adopted specific domestic violence” 49 stated that a marital rape and other forms of legislation to criminalise acts of as one of its goals husband is justified sexual assault and violence that domestic violence.90 for the period and in hitting or beating affect a woman’s mental health “putting in place a his wife in at least which are perpetuated by tradi- The Penal Code contains some comprehensive one of the following tional attitudes? Is there specific general prohibitions that are domestic violence circumstances: (i) legislation that recognises domes- applicable to domestic violence. protection system” she goes out without tic violence as a crime? Is the For instance, the Penal Code as one of its telling him (12%); (ii) husband allowed to discipline his criminalises:91 targets.93 she neglects the wife? Can a suspected perpetra- children (7%); (iii) tor marry his alleged abused vic- • Rape and indecent assault she argue with him tim to avoid punishment? Are provides for stiffer punishment (4%); (iv) she there support services for women if the perpetrator is: (i) an refuses sex with him

88 Book 4 of the Family Law (2006), http://www.rwi.uzh.ch/oe/cimels/law/countries/qatar/Law_22_2006_2558.pdf 89 Article 36 of Qatar’s Constitution (2004), http://portal.www.gov.qa/wps/wcm/connect/5a5512804665e3afa54fb5fd2b4ab27a/Constitution+of+Qatar+EN.pdf?MOD=AJPERES 90 Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), para. 157, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 91 Articles 279-289, 300-317 of the Penal Code (2004), http://gulfmigration.eu/database/legal_module/Qatar/National%20Legal%20Framework/Anti- trafficking/2.2%20Penal%20Code%2011%202004_EN.pdf 93 General Secretariat for Development Planning, “Qatar National Development Strategy 2011-2016”, pp. 169-170, http://www.mdps.gov.qa/en/nds/Documents/Downloads/NDS_EN_0.pdf

who are the victims of aggression ascendant of the victim; (ii) a (3%); she burns the or abuses? guardian of the victim; (iii) food (2%).94 someone who is bringing up or Applicable CEDAW Provision looking after the victim; or (iv) According to reports GRs 12 & 19 someone who has authority by civil society and Para. 40 GR21 over the victim; or the media: 95

• Acts that lead to the death of a • The Qatar person or cause physical inju- Foundation for ry to a person. Child and Woman Protection The Penal Code does not documented 639 specifically criminalise martial cases of rape. However, the provisions on domestic violence rape or indecent assault may be in 2012, a applicable in such cases. significant increase from the The Penal Code in many instanc- number of cases es allows for a reduction of penal- documented in ty if the victim or the victim's 2004 (25). This guardian forgives the perpetrator does not or accepts “blood money” from necessarily the perpetrator.92 indicate a rise in the prevalence of domestic violence in Qatar; rather it may indicate a greater willingness

92 Articles 300-317 of the Penal Code (2004), http://gulfmigration.eu/database/legal_module/Qatar/National%20Legal%20Framework/Anti- trafficking/2.2%20Penal%20Code%2011%202004_EN.pdf 94 Qatari Ministry of Development Planning & Statistics et. al, “Qatar Multiple indicator Cluster Survey 2012”, Table CP.11, pp. 107-108, https://mics-surveys- prod.s3.amazonaws.com/MICS4/Middle%20East%20and%20North%20Africa/Qatar/2012/Final/Qatar%202012%20MICS_English.pdf 95 Independent Group of Concerned Citizens, “Qatar Shadow Report’, Submission to the CEDAW Committee for the 57th Session, 2013, pp. 16-17, http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/QAT/INT_CEDAW_NGO_QAT_16177_E.pdf; Nada Badawi, “Qatar-Based NGO Joins Global Fight Against Domestic Violence”, Doha News, 28 November 2016, http://dohanews.co/tag/domestic-violence/

among victims and concerned persons to report cases of domestic violence over time;

• Law enforcement officers and social workers tasked with handling domestic violence cases are not always well equipped to deal with such cases. For instance, there are instances of police officers encouraging victims of domestic violence to accept a signed pledge from the abuser rather than take official legal action. In addition, some social workers advise victims of domestic violence not to lodge a police report regarding their

abuse as to do so would make matters worse for the victim;

• A draft legislation that specifically cirminalises acts of domestic violence has been proposed by students from Qatar University since 2012 but the proposed law or similar legislation has yet to be adopted.

Nationality rights A Qatari man may pass his na- The Government of According to a civil tionality to his non-Qatari wife af- Qatar in its 2012 society report, there Does a wife have the right to con- ter five years of marriage. How- report to the is general bias in the fer her citizenship on foreign hus- ever, the law does not specifically CEDAW Committee system that favours bands and children? Can the na- provide for a Qatari woman to explained that:99 men over women. tionality of an adult woman be confer her nationality to her for- For instance:100 arbitrarily removed because of eign husband. The foreign hus- • The Nationality marriage or dissolution of mar- band of a Qatari woman may ac- Act establishes • Qatari women riage or because her husband or quire Qatari nationality by decree the procedures who wish to father changes his nationality? provided he meets the following for acquiring, marry a non- conditions: (i) he has lived in Qa- granting, revoking Qatari needs to Applicable CEDAW Provision tar for 25 years; (ii) he has lawful and restoring meet stringent Article 9 means of income; (iii) he has a Qatari nationality requirements to Para. 6 GR21 good reputation and has not been without making do so, not least convicted of any offence that any distinction because some of would question his integrity or between women them are vague;

honour; and (iv) he has good and men, except 96 knowledge of Arabic. for cases where a • Qatari women do Qatari woman is not have the A Qatari woman who marries a married to a same rights to non-Qatari may retain her Qatari foreigner, transfer their nationality unless she has ac- whereby Qatari citizenship quired the nationality of her non- nationality is not to their foreign Qatari husband.97 granted to foreign husbands and husbands and children; A Qatari father passes his citizen- children of Qatari ship to his children wherever they women; • Whilst the Qatari are born. The law does not specif- government has ically provide for a Qatari mother • Qatar has a stated that to confer her nationality to her reservation to children of Qatari 98 children. Article 9(2) of women who have CEDAW for married reasons that foreigners will be include: (i) the given certain exigencies of the privileges to public interest; ensure some and (ii) nationality equality of is bound up with treatment, these the discretionary children power and nevertheless sovereignty of the often experience

99 Qatar State party report, U.N. Doc. CEDAW/C/QAT /1 (2012), paras. 208, 213, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 100 Independent Group of Concerned Citizens, “Qatar Shadow Report’, Submission to the CEDAW Committee for the 57th Session, 2013, p. 6-9, http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/QAT/INT_CEDAW_NGO_QAT_16177_E.pdf 96 Articles 2, 5, 8 of the Qatari Nationality Law (2005), http://gulfmigration.eu/database/legal_module/Qatar/National%20Legal%20Framework/Citizenship%20and%20Statelessness/2.2%20Qatari%20Citizenship%2038%20 2005_EN.pdf 97 Article 10 of the Qatari Nationality Law (2005), http://gulfmigration.eu/database/legal_module/Qatar/National%20Legal%20Framework/Citizenship%20and%20Statelessness/2.2%20Qatari%20Citizenship%2038%20 2005_EN.pdf 98 Article 1 of the Qatari Nationality Law (2005), http://gulfmigration.eu/database/legal_module/Qatar/National%20Legal%20Framework/Citizenship%20and%20Statelessness/2.2%20Qatari%20Citizenship%2038%20 2005_EN.pdf

State. Thus: (i) lower salaries, under the Qatari less government Nationality Act, assistance, and nationality is minimal access to granted on the the rights they basis of blood are promised. ties, i.e. based on the nationality of the father; (ii) Qatari women with foreign husbands do not have the right to transmit their nationality to their children to prevent people from holding dual citizenship;

• Measures are in place to ensure that the children of Qatari women with foreign husbands receive the same treatment as children of Qatari nationals in the areas of education, health, employment, etc.