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

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

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

• 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

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. to the registrar of addition, about 3% Is there a minimum age verifica- marriage. Consequently, it marriage prior to the of women aged 15- tion process before the marriage is forbidden to registration of the 19 are married, a is concluded? The minimum legal age for register a marriage.18 sharp decrease.19 marriage matches the legal age of marriage where a Applicable CEDAW Provision civil majority. Under Article 139 of partner is under According to UN Article 16(2) the OPSL, the legal age of civil 18; and World Marriage Da- Paras. 36-39 GR21 majority is also 18 for both ta 2015, the average females and males.16 age of first marriage

15 Articles 7, 10c of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 16 Article 139 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 17 Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), paras. 239-240, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 18 Ministry of Justice, “Request for a Marriage Certificate”, https://www.moj.gov.om/ar/marriagedocument.aspx 19 Omani National Centre for Statistics Information & UNICEF, “Oman Multiple indicator Cluster Survey 2014”, p. 11, https://mics-surveys-

• Child marriages among Omani fe- which are males rose from concluded 24.8 in 2003 to 25.6 through an in 2010 but fell from agreement 28.1 to 27.7 among between the males during the fathers of the same period.20 children concerned is socially and legally unacceptable and is not practiced at all in Omani society.

Women’s consent to marriage Regardless of their age, both pro- The Government of There is a spective brides and grooms must Oman in its 2010 standardised Is a marriage valid without the consent to the marriage. Conse- and 2016 reports to marriage contract. It woman’s consent? Is the practice quently, ijbar marriages are pro- the CEDAW is available on the of forcing women to marry against hibited. Committee Ministry of Justice their will (ijbar) prohibited? Is emphasised that a website.27 there a standard marriage con- Article 16 of the OPSL states that woman has: (i) the tract? If so, what are its broad the basic tenets of a valid freedom to choose The procedure for provisions and is there anything marriage contract are: (i) the offer her life partner; and registration of particular in the contract that and acceptance; (ii) the guardian (ii) a marriage may marriages is ought to be highlighted on the (wali); (iii) the dower (mahr); and only be contracted available on the basis that it advances women’s (iv) the marriage document.21 with her agreement. websites of the rights or otherwise? Is it mandato- Consent of both Omani e- ry to register a marriage? Articles 17 requires a marriage to spouses to marriage Government28 and

prod.s3.amazonaws.com/MICS5/Middle%20East%20and%20North%20Africa/Oman/2014/Key%20findings/Oman%202014%20MICS%20KFR_English.pdf 20 United Nations Population Division, “World Marriage Data 2015”, https://esa.un.org/ffps/Index.html#/maritalStatusData 21 Article 16 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 27 Ministry of Justice Website, https://www.moj.gov.om/ar/marriagedocument.aspx 28 Oman e-Government Website, https://goo.gl/F8dzaH

be contracted by the offer of one is “the first principal the Ministry of Applicable CEDAW Provision party and the consent of another of marriage” and “a Justice.29 Article 16(1)(b) which may be clearly indicated basic foundation Paras. 15-16 GR21 either verbally or in writing. In the without which no Paras. 25-26, 33-34 GR29 event that the prospective bride or marriage may be groom is not able to speak and concluded”.25 write, consent may be indicated in recognisable gesture. Article 18 In its 2016 report to provide further details on the re- the CEDAW quirements of a valid consent.22 Committee, the Omani government Article 19 provides that a also explained woman’s marital guardian (wali) that:26 may only conclude her marriage 23 with her consent. • Marriages must be recorded in an The mandatory registration of official register as marriages is provided for in Article stipulated in 6 of the OPSL which requires a Article 6 of the marriage to be officially docu- OPSL; mented. However, non- registration of a marriage does • Article 14 of the not necessarily invalidate the mar- Notary Public riage. Article 6 also provides that Law stipulates a marriage may be proven by that: “The notary 24 other evidence or corroboration. public shall prepare, based on the concerned party’s request,

22 Articles 17-18 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 23 Article 19 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 24 Article 6 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 25 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), para. 174; Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), para. 238, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 26 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), para. 181, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 29 Ministry of Justice Website, https://www.moj.gov.om/ar/marriagedocument.aspx

marriage documents and divorce certificates according to the procedures issued by decree of the Minister”; and

• The Minister of Justice issued Decree No. 171/2003 regulating the procedures for documenting marriage contracts and divorce certificates. A woman has the same right as a man regarding procedures for documenting marriage contracts and divorce certificates.

Women’s capacity to enter into Regardless of her age, a prospec- The Government of marriage tive bride requires the consent of Oman in its 2016 a marital guardian (wali) to enter report to the Is consent of a marital guardian into marriage. The guardian must CEDAW Committee (wali) required? If so, can a wom- be a Muslim and a male relative asserts that a an choose her own wali? Can a of the prospective bride (e.g. woman has the

woman go before a court or other grandfather, father, brother, uncle, same capacity as a competent authority to seek per- etc.). The prospective bride must man to conclude a mission to marry if her wali refus- consent to the choice of guardi- marriage contract. es to consent to her marriage? an.30 While the validity of Can a woman negotiate her mar- a marriage contract tial rights prior to marriage and A judge can act as guardian in the is conditioned on the can these rights be changed dur- absence of male relatives.31 In presence of the ing marriage? If so, who can addition, if the guardian opposes woman’s guardian, if change these rights and under the marriage, the prospective the prospective what circumstances e.g. mutual bride may seek the authorisation bride insists on consent? of a judge to get married. The marrying the same judge may authorise the marriage person despite her Applicable CEDAW Provision after providing the guardian with guardian’s objection Articles 16(1)(a), 16(1)(b) the opportunity to be heard and she may submit the Paras. 15-16 GR21 determining that the prospective matter to the Para. 34 GR29 bride’s guardian’s objections are competent judicial not justifiable.32 authorities for a decision. The Omani Pursuant to Article 5 of the OSPL, government both spouses may stipulate any explained that the condition in their marriage con- Royal Decree No. tract so long as the conditions: (i) 55/2010:34 are made in writing; (ii) are not inconsistent with the purposes of • Establishes a marriage; (iii) do not involve woman’s right to anything that is forbidden in Islam resort to the (haram); and (iv) do not prohibit judiciary if her anything that is allowed in Islam guardian objects (halal). An aggrieved spouse may to her fiancé; and file for divorce for breach of a

30 Articles 10(a), 11,19-20 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 31 Article 13 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 32 Articles 10(a)-(c) of the Personal Status Law, http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf; Royal Decree 55/2010, http://www.omanlegal.net/vb/showthread.php?t=3091

condition in the marriage con- • Accords a woman tract.33 the right to appeal a judgment that denies her application to marry to the Sultan in a petition submitted to the Diwan of the Royal Court within 30 days of the issuance of the judgment.

In addition, the Omani government explained that a woman who has filed a case for a judge to authorise her marriage and who fear abuse may seek protection from her guardian pending resolution of her case by staying in the State- run safe house, the Dar al Wifaq (House of Harmony). The Dar al Wifaq may also help to

34 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), para. 174, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 33 Article 5 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf

reconcile parties in the dispute.35

Polygamous marriages A Muslim man may marry up to The Government of According to four wives at one time without Oman in its 2016 Oman’s 2014 Does the law prohibit polygamy or much restrictions. report to the Multiple Cluster impose strict conditions on such CEDAW Committee Indicator Survey, practice? Is the permission of the Article 35(2) of the OPSL prohibits explained that the about 5% of mar- court required for a polygamous a man from marrying more than OPSL regulates the riages in Oman are marriage? Is the permission of an four wives at one time.36 terms and polygamous.43 existing wife required for a polyg- conditions under amous marriage? Is it necessary Article 37(6) requires the husband which a Muslim man According to a to inform an existing wife of the to ensure a sense of equity and may marry more media report, polygamous marriage? Are tem- fairness between wives if he has than one woman as polygamous porary marriages such as travel- more than one wife.37 follows:41 marriages are on er’s marriages (misyar) recog- the rise in Oman for nised? Is it necessary to register a Article 58(a) provides that the • The law requires unjustifiable reasons polygamous marriage? Can a husband has the right to require equitableness such as men woman stipulate in the marriage his wife to live with his parents among wives in a needing “to keep contract that her intended hus- and children from other wives in polygamous [their] libido up”, band cannot enter into a polyga- the martial home as long as he is marriage; and thus harming mous marriage? able to support them and provided women both that she would be harmed by • Article 59 of the emotionally and 38 44 Applicable CEDAW Provision such requirement. OPSL states that financially. Para. 14 GR21 a husband may Para. 34 GR29 Article 59 prohibits the husband not house his from requiring his wife to live with wife, without her his other wives in the marital consent, with a home others unless she agrees. second wife in The wife has the right to change the same her mind if she deems the dwelling. The first presence of the other wives as wife may withhold

35 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), para. 174, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 36 Articles 35(2) of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 37 Article 37(6) of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 38 Article 58(a) of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf

being detrimental to her consent if she interests.39 would be damaged by such The law is silent on the prohibition an arrangement. or otherwise of temporary marriages. Article 39 of the OPSL In addition, the states that a marriage is either Omani government valid or invalid. Article 40 states explained that there that a valid marriage is one whose are no conditions basic tenets and conditions are that would lead to a fulfilled.40 wife’s loss of her financial rights if her husband marries another woman.42

Divorce rights The OPSL provides for three dif- The Government of The registration of ferent mechanisms for divorce: (i) Oman in its 2010 divorce is mandato- Is there equal right to divorce be- unilateral repudiation by the hus- report to the ry. A divorce must tween women and men? Can the band (talāq); (ii) judicial divorce; CEDAW Committee be registered with husband divorce without reason and (iii) redemptive divorce said that:53 the Directorate and without having to go to court? (khul’). The marriage may also be General of Civil 45 What are the main forms of di- annulled. • Divorce is “a States within 30 vorce? Can all forms of divorce be decision days from the date sought only through the courts? A husband may unilaterally exercised by the of the divorce.55 Are the grounds for divorce the repudiate a marriage, which may husband”; and same for the husband and wife? be effectuated: (i) verbally or in

41 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), paras. 176, 180, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 43 Omani National Centre for Statistics Information & UNICEF, “Oman Multiple indicator Cluster Survey 2014”, p. 11, https://mics-surveys- prod.s3.amazonaws.com/MICS5/Middle%20East%20and%20North%20Africa/Oman/2014/Key%20findings/Oman%202014%20MICS%20KFR_English.pdf 44 Saleh al Shaibany, “Divorce falls in Oman as more men take second wives” , 5 January 2010, The National, http://www.thenational.ae/news/world/middle-east/divorce- falls-in-oman-as-more-men-take-second-wives 39 Article 59 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 40 Articles 39, 40 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 42 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), para. 176, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 45 Article 80 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 53 Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), para. 243, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 55 Oman e-Government Website, https://goo.gl/TA3Rso

Is unilateral divorce by repudiation writing; (ii) with or without reason; • A wife may (talāq) prohibited? If unilateral (iii) with or without the presence of dissolve the divorce is not prohibited, what is the wife; and (iv) inside or outside marriage “as per the procedure i.e. is the presence the court room. If the husband the agreement” of the spouse to be divorced re- wishes to pronounce the between her quired, are witnesses required, repudiation before a judge, the husband and does the spouse seeking divorce judge will attempt to reconcile the herself, or if one need to go to court, is the di- parties before the husband makes of the eight legal vorced spouse informed of the the pronouncement. If the grounds for divorce? Is the unilateral right to husband pronounces the divorce is met, divorce delegated to the wife? If repudiation outside the court, the she may apply to so, is it by law or through the mar- repudiation may be proved by the court for a riage contract? Is it mandatory to evidence or admission.46 divorce. The eight register a divorce? grounds are: (i) A husband may delegate his illness; (ii) non- Applicable CEDAW Provision unilateral right to divorce to his payment of Article 16(1)(c) wife (isma) through a stipulation in dower; (iii) ill- Paras. 17-18 GR21 the marriage contract,47 thus treatment or Paras. 34, 39-40 GR29 permitting her to pronounce talāq discord; (iv) upon erself (talāq-i-tafwid).48 failure to provide; (v) imprisonment Valid grounds for seeking a of spouse; (vi) judicial divorce by a wife include a absence or husband’s: (i) non-payment of the disappearance; dower (mahr); (ii) failure to pro- (vii) prolonged vide maintenance; (iii) incurable sexual or severe physical or mental abstinence; and illness; (iv) prolonged absence (viii) repudiation without reasonable excuse for at the instance of more than four months or the wife/no-fault. disappearance of more than one year; or (v) imprisonment of more In its 2016 report to

46 Articles 81-89 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 47 Article 82 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 48 Article 89-91 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf

than three years (wife may seek the CEDAW divorce after one years). In Committee, 54 the addition, a wife may seek divorce Omani government on the basis of a harm that makes explained that it impossible to continue living in Article 94 of the normal matrimonial life.49 OPSL states that the two spouses In the case of a divorce petition may agree to end based on harm, if the claim of their marriage harm is proven and reconciliation through a khul’ between the spouses is divorce at the impossible, the judge will grant a instance of the wife, divorce and decide on the amount who must pay of compensation due to the wife. compensation. If the claim of harm is not proven However, if khul’ is and the wife insists on her claim, offered in order to the judge must appoint two relinquish custody of arbitrators (one from the the children or any husband’s family and one from other right, the khul’ the wife’s family) who will attempt stipulation is to reconcile the couple. If reconcil- revoked and the iation is impossible, the arbitrators khul’ becomes a will make the appropriate recom- divorce as per mendation regarding the divorce, Article 96 of the which the judge then reviews and OPSL. make the appropriate ruling.50

If the arbitrators are unable to reconcile the spouses or are unable to agree on a recommendation the first time around, the judge may either appoint two new arbitrators or add

49 Articles 98-100, 101(a), 109-113 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 50 Articles 87-88, 90-91, 101-108 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 54 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), para. 182, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

a third arbitrator to assist with the reconciliation process. If the arbitrators are still unable to reconcile the spouses or reach an agreement the judge must then order a divorce.51

A wife may seek redemptive divorce (khul’), whereby she is granted a divorce in exchange for a mutually-agreed compensation to be paid to the husband. A khul’ divorce requires the consent of both parties.52

Women’s financial rights after Generally, upon divorce, a woman The Government of divorce may be entitled to: (i) financial Oman in its 2010 maintenance during the waiting report to the Is there a legal concept of matri- period after the divorce (iddah); CEDAW Committee monial assets? Is there equal di- and (ii) a consolatory compensa- confirmed that that vision of marital property upon tion (mut’ah). There is no legal Omani law does not dissolution of the marriage? Is the concept of matrimonial assets. recognise a woman’s role as wife and mother matrimonial property recognised as contribution to the Under the OPSL, a woman may regime. Therefore, acquisition of assets? What be entitled to financial mainte- in the event of spousal maintenance are availa- nance during the waiting period divorce:59 ble to the wife after a divorce? Is after the divorce (iddah). The she entitled to maintenance dur- amount may be agreed mutually • Each spouse ing the waiting period after the or awarded by court. The iddah retains his or her divorce (iddah)? Is she entitled to period ranges from three months property. Neither a consolatory gift or compensa- to a maximum of one year and party is required tion upon divorce (mut’ah)? Who depends on the woman’s situation to relinquish or

51 Articles 104-106 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 52 Articles 87-89, 94-97 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf

is responsible for the financial e.g. whether she is menstruating divide his or her maintenance of children following or pregnant.56 property. a divorce? Can the couple agree to the division of assets acquired A woman loses her right to • The property the during marriage in the marriage financial maintenance during the spouses own in contract? Can this stipulation be iddah period if she initiates the partnership is not amended? If so, by who and on divorce and is found to be at fault. divided unless what basis e.g. mutual consent? both parties so Article 91 of the OPSL provides desire because Applicable CEDAW Provision that a woman may be entitled to where spouses Articles 16(1)(c), 16(1)(h) mu’tah compensation. The are joint owners Paras. 30-33 GR21 amount of the compensation is of a property, Paras. 34-35, 43-48 GR29 evaluated according to the company or husband's financial capacity.57 factory, the wife has the same Following a divorce, a father is ownership rights responsible for the financial as if she were a maintenance of his children. A male partner, daughter is entitled to irrespective of the maintenance until she is married, marriage bond; and a son is entitled to and maintenance until he is able to earn a living of his own, unless he • A woman’s is a student, in which case until he unpaid domestic completes his education success- or agricultural 58 fully. work will not be considered as property but as the woman’s contribution to establishing and caring for a

59 Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), paras. 244, 256-258, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 56 Article 90, 121-122 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 57 Article 91 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 58 Articles 60-61, 91 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf

family.

In addition, the Omani government explained that a woman has the right to maintenance and child support from her husband who divorces her. The maintenance is dealt with by summary judgement pursuant to the law.60

Custody of Children During marriage, both parents The Government of have custodial rights over their Oman in its 2010 Do parents have equal rights over children. In the event of a divorce, and 2016 report to the custody of their children? If a mother has priority right over the CEDAW no, who has priority right over the the custody of her children Committee custody of the child? Is custody (followed by the children’s father, reiterated that: 67 decided based on the best inter- maternal grandmother and est of the child? Do mothers au- thereafter, a line of close relatives • Articles 125-137 tomatically lose custody upon re- as stipulated in the law), until her of the OPSL marriage or if she is deemed dis- daughter reaches puberty (unless provides for the obedient or when the child reach- a judge determine otherwise right of custody of es a designated age when custo- according to her interest) and her children. dy goes to father? son reaches seven.61 • Custody of the Applicable CEDAW Provision A mother loses custody of her children is the Articles 16(1)(d), 16(1)(f) child if she: (i) is deemed joint obligation of Paras. 19-20 GR21 immature, untrustworthy or does both spouses as

60 Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), para. 244, 256-258, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 61 Articles 129-130 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 67 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), para. 177; Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), paras. 245-248, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

not have the ability to care and during marriage; nurture the child pursuant; (ii) has a contagious disease; (iii) marries • In the event of a a man who is not a close blood divorce at the relative of the children (mahram), instigation of unless a court decides otherwise; either spouse, the (iv) lives in a country where it is mother has difficult for the father to carry out priority right to his duties as guardian; or (v) custody of the waives her right for one year children followed without valid excuse.62 by the father, then mother’s A mother who is from a different mother, then religion than the father has priority loving relatives, in right of her son until he reaches a set order which the age of seven.63 protects the right of the mother Article 133 provides that the child (and her family) may not spend a night away from to custody, the mother unless a judge unless a judge determines otherwise.64 decides otherwise; Article 134 of the OPSL provides that the custodian of the child • While the OPSL cannot travel abroad with the child prioritises the without the approval of the mother regarding guardian. If the guardian refuses, custody of the matter may be submitted to a children, the law 65 judge for resolution nevertheless places the Article 137 of the OPSL provides interest of the that if the child is under the care child as its

62 Articles 126, 127(a), 135 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf. 63 Article 128 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf. 64 Article 133 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf. 65 Article 134 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf.

of either parent, the other has the primary; right to visit the child and accompany the child in whatever • Adoption of child way the judge might consider is unacceptable proper.66 under Shari’ah and Omani law as lawful marriage is the only framework for the parent- child relation. Omani law does recognise a foster-family system, where the child may be raised by those who wishes and has the ability to do so in the interests of the child, whether male or female, but without the child acquiring kinship or the family name.

In its 2016 report to the CEDAW Committee, the Omani government also explained that Article 16(a) of the Implementing

66 Article 137 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf.

Regulations for Family Care and Custody issued by Ministerial Decree No. 49/2007 permits a woman to take custody of a child in order to care for it.68

Guardianship of Children A father has priority right to guardianship of his children Do parents have equal rights over during and after a divorce until the the guardianship of their children? children reach the age of civil If no, who has priority right over majority (18).69 However, a father the guardianship of the child? Is may be deprived of guardianship guardianship decided based on if he: (i) is deemed to be not the best interest of the child? sensible, untrustworthy, and incapable of bearing the duties as Applicable CEDAW Provision a guardian; or (ii) is a non- Articles 16(1)(d), 16(1)(f) Muslim.70 Paras. 19-20 GR21

Family Planning Abortion is strictly prohibited by The Government of According to World law, except when it is necessary Oman in its 2010 Bank data, the total Do women require the consent of to save the pregnant woman’s life report to the fertility rate the husband to practise family or the foetus has a congenital CEDAW Committee decreased from 7.2 planning, including abortions and abnormality which would make life stated that: 72 children per woman sterilisation in law or in practice? difficult.71 in 1960 to 2.7 in 73 • Family planning 2015.

68 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), para. 183, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 69 Articles 139, 159-160 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf. 70 Articles 160-163 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf. 71 Articles 242-246 of the Penal Code, https://www.hsph.harvard.edu/population/abortion/OMAN.abo.htm; Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), para 184, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 72 Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), paras. 177-179, 184, 233, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 73 The World Bank, “Fertility rates, total (births per woman)”, http://data.worldbank.org/indicator/SP.DYN.TFRT.IN

Applicable CEDAW Provision is a decision to Articles 16(1)(e), 12 be taken jointly According to Paras. 21-23 GR21 between the Oman’s 2014 spouses and Multiple Cluster there are no legal Indicator Survey:74 or intrinsic cultural obstacles • 18% of married to women women have an receiving unmet need for healthcare, family planning including family services; and planning; • 30% of married • Abortion is legal women are using only within very a method of narrow limits and contraception, with the approval with women of a special mainly using a medical modern method committee. It is (19%). permitted only in cases where the mother’s life is at risk or the foetus has a congenital abnormality which would make life difficult. This must be diagnosed before the 17th week of pregnancy. The State guarantees all resulting

74 Omani National Centre for Statistics Information & UNICEF, “Oman Multiple indicator Cluster Survey 2014”, p. 7, https://mics-surveys- prod.s3.amazonaws.com/MICS5/Middle%20East%20and%20North%20Africa/Oman/2014/Key%20findings/Oman%202014%20MICS%20KFR_English.pdf

health-care costs;

• A woman does not need her husband’s permission to use health services, including family planning services such as the right to obtain contraceptives.

Personal rights of spouses Article 18 of the Basic Law The Government of The wife may stipu- According to World guarantees personal freedom and Oman in its 2010 late in the marriage Bank data, female Does a woman need the consent prohibits restrictions to freedom of report to the contract that she labour force partici- of her spouse or guardian to work, movement as well as residence CEDAW Committee has the right to pation increased choose a profession, leave the unless by law.75 reiterated that:79 work, travel, study, from 17% in 1990 to house, travel, drive, receive vari- etc. If the husband 30% in 2016.84 Dur- ous health services, study, etc. on Article 17 of the Basic Law states • As per Article 18 breaches a stated ing the same period, her behalf? Does a woman have that all citizens are equal before of the Basic Law, condition of the male labour force the right to retain her birth name the law and share the same public women and men marriage contract, participation rate upon marriage or to choose her rights and duties regardless of have the same the woman has the increased from 81% family name? Can a woman pro- gender.76 legal rights to right to petition a to 86%.85 tect her personal rights through freedom of court for divorce.81 her marriage contract? Article 11 stipulates that the right movement and According to the to work is inalienable and choice of place of Married women 2016 UNDP Human Applicable CEDAW Provision guaranteed to women as well as residence; and must obtain written Development Article 16(1)(g) men.77 permission from Report:86 Para. 24 GR21 • The right of a their husbands Para. 34 GR29 Despite the constitutional woman to retain before they may be • 60% of women 82 provisions stating otherwise, the her family name, issued a passport. over 25 have at OPSL potentially restricts the even after least some sec-

75 Article 18 of the Basic Law of Oman (1996), https://www.constituteproject.org/constitution/Oman_2011.pdf 76 Article 17 of the Basic Law of Oman (1996), https://www.constituteproject.org/constitution/Oman_2011.pdf 77 Article 11 of the Basic Law of Oman (1996), https://www.constituteproject.org/constitution/Oman_2011.pdf

personal rights of a Muslim wife marriage is not Married women in ondary education as a result of its maintenance-for- only supported by Oman may retain as compared to obedience legal framework. Thus: law but also by their maiden 57% of men of 78 Omani custom, names.83 the same age under which a group; • Article 54 states that the wife woman retains risks losing her financial the name of her • 99% of females maintenance if she: (i) family or tribe. and males aged prevents her husband from 15-24 are able to approaching her; (ii) refuses to In its 2016 report to read and write a move to the marital home the CEDAW short simple sen- without a Shari’ah based Committee, the tence; and reason; (iii) leaves the marital Omani government 80 home without valid a Shari’ah informed that: • 92% of women based reason; (iv) prevents are satisfied with her husband from entering the • The Sultanate their freedom of martial home without a valid amended the choice as com- reason; (v) refrain from Omani Passport pared to 90% of travelling with her husband Law pursuant to men. without a valid reason; Royal Decree No. 11/2010 to entitle According to a civil • Article 57 requires the wife to a woman to society report, live with her husband in the obtain a passport Omani women are marital home he provides for without requiring generally free to her. She is also required to the consent of drive cars, travel

79 Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), paras. 234, 251-252, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 81 Articles 4, 5 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 82 Rafiah al-Talei, “Oman”, in Women’s Rights in the Middle East and North Africa: Progress Amid Resistance, eds. Sanja Kelly and Julia Breslin (New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield, 2010), p.8, https://freedomhouse.org/sites/default/files/inline_images/Oman.pdf 84 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 85 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 86 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 78 Articles 54, 57-58 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 80 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), paras. 172-173, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 83 Article 37(3) of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf

move when he does unless her husband or abroad and share she cites a condition in the guardian. The classes and work contract to the contrary or he procedures for spaces with men.87 means to harm her by making travel and her move from the domicile. movement of a woman are no • Article 58(a) provides that the different from husband has the right to those for a man; require his wife to live with his parents and children from • The Personal other wives in the martial Status Law does home as long as he is able to require a woman support them and provided to live with her that she would be harmed by husband in the such requirement residence which he designates for • Article 58(b) prohibits the wife her. A woman from sheltering her children may include from another man in the conditions in her marital home unless: (i) they marriage contract have no other guardian; or (ii) concerning the they will be harmed if they live choice of a away from her; or (iii) if her residence. If her husband has agreed to them residence in a living in the marital and he has given domicile the right to change his mind if results in harm to their presence is detrimental. her, she may submit the matter to the competent judicial authorities.

87 Rafiah al-Talei, “Oman”, in Women’s Rights in the Middle East and North Africa: Progress Amid Resistance, eds. Sanja Kelly and Julia Breslin (New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield, 2010), p.8, https://freedomhouse.org/sites/default/files/inline_images/Oman.pdf

Inheritance rights Generally, inheritance rights The Government of between women and men are Oman in its 2010 Are women and men in the same unequal. The OPSL generally report to the degree of relationship to a de- follows Shari’ah in terms of inher- CEDAW Committee ceased entitled to equal shares in itance laws. Articles 232-279 of explained that under the estate and to equal rank in the the OSPL detail the inheritance Omani law, a widow order of succession? Are there shares. In many instances, such and daughters of a procedures to address any ine- as in the cases of widows and deceased:89 qualities in inheritance between widowers and siblings, a woman women and men e.g. can a will be is entitled to half the share of a • Inherit their share written, can beneficiaries agree to man, unless she is bequeathed of the estate inherit equal shares of the estate more in accordance with Articles based on shares or can the children agree to forgo 198-231 of the OPSL.88 fixed by law that their inheritance in favour of their is based on mother upon the death of their Shari’ah as a father? matter of right and even without Applicable CEDAW Provision the existence of a Paras. 34-35 GR21 will; Paras. 49-53 GR29 • May take possession of their share in the estate by means of a bequest or testamentary disposition. A will has full legal force to the limit of one-third of the estate, while a bequest can be for more, subject to the agreement

88 Articles 232–279 of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 89 Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), para. 253, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

of the other beneficiaries of the will.

Violence against women in the Article 20 of the Basic Law The Government of According to family asserts that no person shall be Oman in its 2010 Oman’s 2014 subjected to physical or report to the Multiple Cluster Are there laws that define what psychological torture, inducement CEDAW Committee Indicator Survey, constitute domestic violence such or demeaning treatment and explained that:95 about 8% of women as battery, female circumcision, obligates the law to punish aged 15-49 stated 90 marital rape and other forms of anyone who commit such acts. • Under Omani that a husband is sexual assault and violence that law, women are justified in hitting or affect a woman’s mental health Article 37(5) of Personal Status guaranteed their beating his wife in at which are perpetuated by tradi- Law prohibits the husband from dignity and least one of the tional attitudes? Is there specific harming the wife financially or humanity; they following legislation that recognises domes- morally.91 may not be circumstances: (i) tic violence as a crime? Is the harmed or she goes out without husband allowed to discipline his Oman has not adopted specific assaulted in any telling him; (ii) she wife? Can a suspected perpetra- legislation to criminalise acts of way. If a woman neglects the tor marry his alleged abused vic- domestic violence.92 suffers harm, she children; (iii) she tim to avoid punishment? Are has the right to argue with him; (iv) there support services for women The Penal Code contains some resort to the she burns the who are the victims of aggression general prohibitions that are judiciary under food.98 or abuses? applicable to domestic violence. the Penal Code; For instance domestic violence and According to the Applicable CEDAW Provision may be prosecuted under rape 2014 Social GRs 12 & 19 and assault, which are defined as • Domestic Institutions and 99 Para. 40 GR21 a “disgracing crimes” under Article violence is Gender Index: 33.93

90 Article 20 of the Basic Law of Oman (1996), https://www.constituteproject.org/constitution/Oman_2011.pdf 91 Article 37(5) of the Personal Status Law (1997), http://odaa.oregon.gov/events/personal_status_law_english_sharia_law.pdf 92 Rafiah al-Talei, “Oman”, in Women’s Rights in the Middle East and North Africa: Progress Amid Resistance, eds. Sanja Kelly and Julia Breslin (New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield, 2010), p.8, https://freedomhouse.org/sites/default/files/inline_images/Oman.pdf 93 Article 33 of the Penal Code (1974), http://www.fiu.gov.om/files/english/Omani%20Penal%20Code/Royal%20Decree%20No.%207-74-1.pdf 95 Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), paras. 58-60, 253, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 98 Omani National Centre for Statistics Information & UNICEF, “Oman Multiple indicator Cluster Survey 2014”, p. 7, https://mics-surveys-

generally • Domestic The Penal Code does not unacceptable in violence is specifically criminalise martial Omani society, believed to be rape. which remains a common in Oman traditional but is generally The Penal Code also contains society. Thus, an unacknowledged provisions that for corporal abused woman in official or punishment, suspension or may approach media reports; reduction of punishment:94 close family members, • Prosecution of • Article 38(2) provides that relatives or spousal assault punishment within the limits of friends to provide claims are very public customs is not a crime; her with the rare; and necessary help • Article 67 allows for an injured and support, • Victims of party to waive a claim, which including domestic violence has the effect of suspending providing her with may seek limited the prosecution or punishment a suitable place assistance in the of the crime; and to live in, if form of needed. In counselling and • Article 252 provides for a addition, there temporary shelter reduction in penalty if a crime are various provided by the was committed by a man who counselling state-run Oman catches his wife or a female organisations Women’s relative committing adultery which advise both Association; and immediately kills or injure parties of their her or her partner. domestic rights • Mechanisms for and duties and which victims the proper may seek get foundations on reparations or which to base a ensure relationship. prosecution of domestic violence

prod.s3.amazonaws.com/MICS5/Middle%20East%20and%20North%20Africa/Oman/2014/Key%20findings/Oman%202014%20MICS%20KFR_English.pdf 99 OECD Development Centre, “Oman”, Social Institutions and Gender Index, 2014, p. 3, http://www.genderindex.org/country/oman 94 Articles 38(2), 67, 252 of the Penal Code (1974), http://www.fiu.gov.om/files/english/Omani%20Penal%20Code/Royal%20Decree%20No.%207-74-1.pdf

In addition, the remain Omani government inadequate. explained that while there are no laws Various sources that on the suggest a relatively circumcision of girls: high prevalence of (i) there is an female circumcision ongoing juristic / female genital debate on the issue; mutilation (FGM) and (ii) pursuant to a among Omanis: Government decree forbidding the • According to a operation, 2000 National circumcision is not Health Survey, carried out at 85% of women Government approve the institutions.96 circumcision of girls and 53% In its 2016 report to had been the CEDAW circumcised;100 Committee, the Government of • According to a Oman explained 2001 health study 97 that : of secondary school • The Omani Police adolescents, and Prosecutor’s approximately Office handle 80% of students cases of violence of both sexes against women, thought that including circumcision was domestic necessary, violence; although the

96 Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), para. 189, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 97 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), paras. 53-55, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 100 Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), para. 187, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

proportion was • The Omani police lower among the is required to children of complete their educated initial parents. The investigations on same study a report relating indicated that to violence around 46% of against women the daughters of and refer the educated women case to the Public (mothers who Prosecutor’s have completed Office. secondary school level or higher) • The Public reject the Prosecutor’s practice, Office in turn is compared with required to 17% of the question daughters of suspects within illiterate 101 24 hours of mothers; receiving a referral from the • According to a Omani police; 2014 research study, among the • A suspect in female violence against respondents: (i) woman case may 64% said FGM be preventively was still practised detained until the in the family; (ii) case is referred 78% said they to the competent had been court, or the circumcised; and suspect may be (iii) 55% said they released supported the

101 Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), para. 188, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

following a practice of decision to FGM.102 suspend the case;

• Criminal chambers in the courts decide cases of violence against women;

• The Ministry of Health conducts a medical examination of women who are victims of violence to ascertain the type and effects of the violence to which they were subjected;

• The Dar al-Wifaq (House of Harmony) provides safe- house facilities to urgently protect women from violence, including women who are

102 Habiba Al Hinai, “Female Genital Mutilation in the Sultanate of Oman”, 2014, http://www.stopfgmmideast.org/wp-content/uploads/2014/01/habiba-al-hinai-female- genital-mutilation-in-the-sultanate-of-oman1.pdf

subjected to trafficking by providing them with temporary shelter (including food, clothing and other basic daily needs), social and psychological counselling and legal advice on matters and the prosecution of perpetrators. Victims are allowed to contact their family members via telephone and have access to recreational cultural and sports programmes that facilitate integration in society.

Nationality rights Both the foreign spouses of an The Government of Omani woman and man may be Oman in its 2010 Does a wife have the right to con- granted Omani citizenship, albeit and 2016 reports to fer her citizenship on foreign hus- under different conditions. A non- the CEDAW bands and children? Can the na- Omani husband has to meet Committee asserted

tionality of an adult woman be stricter conditions when compared that:107 arbitrarily removed because of to a non-Omani wife.103 marriage or dissolution of mar- • There is no riage or because her husband or An Omani woman married to a gender father changes his nationality? non-Omani may retain her Omani discrimination nationality unless she renounces regarding Applicable CEDAW Provision it.104 citizenship; and Article 9 Para. 6 GR21 An Omani father passes his • A reservation on citizenship to his children Article 9(2) of 105 wherever they are born. CEDAW was However, generally, an Omani entered to mother may not pass her prevent dual citizenship to her children except nationality. under the following Moreover, 106 circumstances: international law . establishes that a • If the father is unknown; State’s nationality law is subject in • If the father has lost his Omani all respects to the nationality for whatever discretion of its reason; domestic legislature. • If the father is a non-Omani, a minor may apply for and be In its 2016 report to granted Omani citizen the CEDAW provided he meets very strict Committee, the

103 Articles 15, 16 of the Sultan’s Decree No. 380/2014, Curtis, Mallet-Prevost, Colt & Mosle LLP, “The new Omani Nationality Law: How big is the departure from the old Omani law?”, Omani Law Blog,13 October 2014, http://omanlawblog.curtis.com/2014/10/the-new-omani-nationality-law-how-big.html 104 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), paras. 93-94, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx 105 Omani Citizenship Law, http://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=542a76414 106 Article 18 of the Sultan’s Decree No. 380/2014; Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), paras. 95-96, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx; Curtis, Mallet-Prevost, Colt & Mosle LLP, “The new Omani Nationality Law: How big is the departure from the old Omani law?”, Omani Law Blog,13 October 2014, http://omanlawblog.curtis.com/2014/10/the-new-omani-nationality-law-how-big.html 107 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), paras. 91, 94; Oman State party report, U.N. Doc. CEDAW/C/OMN/1 (2010), paras. 100-101, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

conditions. Omani government also explained that the strict requirements that must be met by the non-Omani husband of an Omani woman wishing to obtain Omani nationality are “to ensure the stability and permanence of the marital relationship with a view towards enhancing the woman’s status and avoiding a situation where she becomes a means to achieve her husband’s objective.”108

108 Oman State party report, U.N. Doc. CEDAW/C/OMN/2-3 (2016), para. 99, http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx