This Country Profile provides a basic overview of the legal history and institutional structures of the State of Qatar (Dawlat Qatar), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Qatar's Constitution, Islamic law (sharīʿa or fiqh) is a primary source of legislation.
Country Background
Qatar is a peninsula country located in the Middle East, bordering the Gulf of Bahrain and the Persian Gulf. It is bounded by Saudi Arabia. The capital of Qatar is Doha. The official language is Arabic. The country's population in 2017 was approximately 2.3 million, almost 2 million of whom are expatriates. The official religion of Qatar is Islam. Qatar is a predominantly Muslim country, with about 68% of the population Muslim, 14% Christian, and 14% Hindu. Qatar is a member state of the Organisation of Islamic Cooperation and Arab League.
Constitution & Legal Structure
Qatar is referred to as an absolute monarchy, in which sovereignty lies with state and the Constitution is the supreme law of the land. Qatar adopted its current Constitution in 2003, and it has not been amended since. The system of government is hereditary, in which the family of al-Thani and in the line of the male descendants of Hamad bin Khalifa bin Hamad bin Abdullah bin Qassim are the absolute monarchs of the state. The government has three branches: legislative, executive, and judicial. The legal system of Qatar is a mixed legal system of civil law and Islamic legal tradition (in family and personal matters).
Constitutional Status of Islamic Law
Islamic law is a primary source of legislation in Qatar. As stated in Chapter I, Article 1 of the Constitution, "its [Qatar's] religion is Islam, and the Islamic Law is the main source of its legislations. Its system is democratic, and its official language is the Arabic language." Although the official religion of Qatar is Islam, Chapter III, Article 35 of the Constitution states that "all people are equal before the law. There shall be no discrimination against them because of sex, race, language, or religion." As such, freedom of religion is granted to its people.
Jurisdiction(s) of Islamic Law
Islamic law has official jurisdiction in Qatar. Islamic law is applied to laws pertaining to family law, inheritance, and several criminal acts (including adultery, robbery, and murder). In sharīʿa courts, which are essentially family courts, a female's testimony is worth half a man's (and in some cases a female witness is not accepted at all). Furthermore, sharīʿa dictates the punishments in matters of personal status. For example, flogging is used in Qatar as a punishment for alcohol consumption or illicit sexual relations. Furthermore, Article 88 of Qatar's criminal code declares the punishment for adultery is 100 lashes. Adultery can even be punishable by death when a Muslim woman and a non-Muslim man are involved.
Dominant School of Islamic Law
The official school in Qatar is Ḥanbalī. The vast majority of Qatar's Muslim population is Sunnī, mostly adhering to the Ḥanbalī and Salafī schools. However, approximately 10% of the Muslim population is Shīʿī. Unlike the Shīʿī population in Bahrain, Shīʿī Muslims in Qatar are identical in dress and custom to the Sunnī population, and many Qatari Shīʿī hold government positions.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].