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Overview of Muslim Family Laws & Practices

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Overview of Muslim Family Laws & Practices OMAN1 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 17 of the Basic Law states Oman has the According to the that all Omanis are equal and that following 2016 UNDP Human Is there a Constitutional provision there shall be no discrimination reservations to Development on equality and are there excep- amongst them on a number of CEDAW:9 Report, Oman tions? Are there specific laws that basis, including gender.2 ranked 52 on the recognise marriage as a partner- • A general UNDP Human ship of equals i.e. are family laws Article 12 of the Basic Law states reservation Development Index and/or other laws relating to mar- that the family is the basis of the stating: “All provi- and 54 on the riage and family relations codified society and commits the law to sions of the Con- UNDP Gender or uncodified? If codified, what provide for the means to: (i) vention not in ac- Inequality Index.13 are the titles of all the applicable protect it; (ii) preserve its cordance with the laws? If codified, do these laws legitimate entity; (iii) strengthen its provisions of the According to the apply to all citizens irrespective of ties and values; (iv) safeguard its Islamic Shari’ah National Centre for religion? If not, do these laws ap- members; and (v) provide suitable and legislation in Statistics and ply to all Muslims or are there dif- conditions to develop their force in the Sul- Information (NCSI), ferent codified laws for different potential and capabilities.3 tanate of Oman”; in 2010, about 7% of sects within Islam? If uncodified, and households in Oman or if codified laws do not suffi- The Omani Personal Status Law are headed by 14 ciently address a particular issue, (OPSL) is the main codified law • Specific women. how is the issue addressed e.g. that governs matters relating to reservations to what Muslim school of law is ap- marriage and family relations of Articles 9(2), plicable? Do these laws explicitly the Muslim majority population in 15(4) and 16(a), 4 state gender-stereotypical roles Oman. In the absence of codified (c) and (f). 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 Oman country table, we would also like to thank Kierra Jones and Cassandra Rasmussen from Harvard Law School, and Jihan Safar and Fatma Kharusi for their inputs in its preparation. 2 Article 17 of Oman’s Basic Law (1996), https://www.constituteproject.org/constitution/Oman_2011.pdf 3 Article 12 of Oman’s Basic Law (1996), https://www.constituteproject.org/constitution/Oman_2011.pdf 4 Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 1 between husbands and wives e.g. laws that sufficiently address a the husband is the head of the particular matter of personal The Government of household or the wife is the pri- status of Muslims, according to Oman in its 2010 mary caregiver? Article 281(d) of the OPSL, “the report to the rules of the Islamic religion that CEDAW Committee Applicable CEDAW Provision are most suitable” apply.5 explained that:10 Article 16(1)(c) Generally, Islam in Oman is Paras. 17-18 GR21 influenced by the rules of Ibadi • The OPSL Is Paras. 54-55 GR29 jurisprudence (fiqh).6 derived from Shari’ah, which is Despite the equality guarantee of the fundamental Article 17 of the Basic Law, the source of OPSL provides for a marital legislation as framework based on ‘reciprocal’ stated in the or ‘complementary’ rights (as op- Basic Law; posed to ‘equal’ rights) between the two spouses, whereby in re- • Non-Muslim turn for maintenance and protec- personal status tion from her husband, a wife is matters are 7 expected to obey him. Thus: governed by their own provisions, • Article 4 of the OPSL defines unless they marriage as “a legal contract request that the between a man and woman, OPSL be applied the purpose of which is to to them; establish a stable family under the patronage of the • Marriage is the husband”; foundation of the 9 United Nations Treaty Collection Website, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&clang=_en 13 UNDP, “Human Development Report 2016”, Table 5, pp. 214-217, http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf 14 Times News Services, “More than 82 percent Omani families have own houses: Study”, Times of Oman, 6 July 2015, http://timesofoman.com/article/62828/Oman/Omanisation/82-per-cent-of-families-in-Oman-have-own-houses-reveals-a-study 5 Article 281(d) of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 6 Ministry of Endowment and Religious Affairs Website, http://www.mara.om/religion-in-oman/ibadism/ 7 Articles 4, 36-38, 49, 54 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 10 Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), paras. 235-247, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 2 family and no • Article 36 promotes mutual other manner of gratification, respect and forming a family affection between spouses for is recognised, the good of the family; including cohabitation or • Article 37 provides that a partnership. husband must; (i) provide his wife with adequate financial In its 2016 report to maintenance (nafaqa); and (ii) the CEDAW permit her to visit her parents Committee, the and close relatives as well as Omani government retain her family’s name. The affirmed its husband is also not entitled to commitment to his wife’s private money and strive to achieve she is allowed to deal with it equality in all as she pleases; matters relating to marriage and family • Article 38 provides that the relations, citing husband is entitled to: (i) examples of reforms receive the attention and in the laws as 11 obedience of his wife, as the evidence of it. parent of the family; and (ii) his wife’s duty to be In addition, the responsible for the home and Omani government 12 looking after their children. informed that: • Article 49 reiterates the • The Council of husband’s duty to provide his Minister has wife with adequate financial agreed in maintenance even if she is principle to rich; and withdraw Oman’s reservation to Article 15(4) of 11 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), paras. 19, 174, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 12 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), paras. 20-21, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 3 • Article 54 states that the wife CEDAW on the risks losing her financial requirement for maintenance if she: (i) equality between prevents her husband from women and men approaching her; (ii) refuses to with regard to move to the marital home laws relating to without a Shari’ah based freedom of reason; (iii) leaves the marital movement and to home without valid a Shari’ah choose their based reason; (iv) prevents residence and her husband from entering the domicile, “on martial home without a valid condition of the reason; (v) refrain from necessary travelling with her husband measures to put without a valid reason. into effect its decision in this Marriage and family relations of regard according Oman’s non-Muslim minority to the Basic Law communities are governed by of the State”; their own laws as per Article 282 8 of the OPSL. • After the State party’s accession to CEDAW, the Convention became a national law by virtue of Article 80 of the Basic Law. As such, “the principles of non- discrimination and equality have been incorporated in all 8 Article 282 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 4 laws promulgated subsequently and are taken into account in policymaking and in the preparation of national strategies, plans and programmes.” Minimum and equal legal age The minimum legal age for mar- The Government of Minimum age verifi- According to for marriage riage is 18 for females and males Oman in its 2010 cation is conducted Oman’s 2014 as per Article 7 of the OPSL. report to the by a judge who con- Multiple Cluster Is there a minimum age of mar- However, Article 10c provides that CEDAW Committee firms the age of both Indicator Survey, riage? Are there exceptions to the a judge may permit girls and boys stated that:17 parties at the time of about 18% of minimum age (e.g. min. age at 18, below 18 to marry after verifying contracting the mar- women aged 20-49 with exceptions to 16)? Is there that the marriage would be • Although custom riage. In addition, in Oman were first an absolute minimum age without beneficial.15 recognises both parties are re- married by 18 and exceptions? Is there equality in marriages below quired to present 6% of women aged the minimum age of marriage? The law does not stipulate an 18, the registrar proof of their identity 15-49 who were Does the minimum age of mar- absolute minimum age below of marriages (which includes age) married by 15. In riage match the age of majority? which a judge may not authorise a does not.
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