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Qatar Law No.(22) of 2006 sets out the provisions of family law (Family Law) which augments the family provisions of the Qatar Constitution. Where any matters are not dealt with in the Family Law the opinion of the Islamic Hanbaly School will prevails unless the competent court decides otherwise. The competent court in matters of family and inheritance in Qatar is the Family or Sharia Court which comprises one or more circuits of the Court of First Instance and the Court of Appeal. |
This article will summarise the principal provisions of the Family Law, being marriage, the dissolution of marriage and inheritance. In addition it will consider non-Muslims working and living in Qatar who the Family Law states should be governed by their own laws.
Marriage
Marriage is regularised through an official contract once the following conditions have been satisfied:
• the spouses must be capable;
• the union cannot be not be subject to any religious impediments
• the woman must have a legal guardian; and
• marriage must be offered and accepted in the presence of appropriate witnesses.
The witnesses referred to in the fourth condition should be mature, rational and honourable, male Muslims who have a clear understanding of their roles and confidence in the survival and stability of the couple’s union.
The Family Law requires both parties to meet fitness requirements given that these are deemed to be vital to the continuation of the religious and ethical conduct of the couple.
Non-Muslims may be able to be married in Qatar, depending on their nationality, with the assistance of their Embassies if one has been established in Qatar and/or by a licensed official. Officials, who are often associated with the churches which have been registered in Qatar, are licensed to issue marriage certificates which once notarised at the Qatari Ministry of Justice and authenticated by the Qatari Ministry of Foreign Affairs should be recognised internationally.
Dissolution of Marriage
Divorce is the dissolution of a marriage which has been properly entered into. Divorce may be instigated by the husband (or an attorney acting on his behalf) or the wife, if the husband has given her grounds.
If it is the husband who seeks a divorce then he may confirm this orally, in writing or, if he is unable to do either, through some form of intelligible gesture. A declaration must be made by the husband before a judge for the divorce to take effect. Prior to hearing the declaration, the judge will try and reconcile the couple.
The Family Law sets out the grounds on which the wife may instigate divorce which include situations where the husband has been found to be inept, not paid his wife maintenance or has been missing for more than a year. Evidence, which can include hearsay, of each ground must be submitted to the Family Court and if the judge fails in his attempts to reconcile the couple, divorce will be granted.
Marriage can also be dissolved by a court decree (annulment), the mutual agreement of the parties (Mukhala’a) or death.
Non-Muslims may be able to have their marriages dissolved while they are in Qatar however the process for dissolution will depend on where the couple were married, their financial circumstances whether the couple have any children.
Inheritance
As in most jurisdictions the disposition of an individual’s property for no consideration after their death can be referred to as a will. The pertinent components of a Qatar will as set out in the Family Law are the:
lform of the will;
lperson or persons making the will;
lperson or persons who will benefit from the will; and
lobject or objects which are the subject of the will.
A Qatar will, or any amendments to that will, may be uttered, written or gestured by the person or persons making the will. The Family Law considers a will to be valid regardless of the religions of the person or persons making the will and those benefitting from it. For a will to a specific person or persons to be valid he, she or they must formally accept it; in the same way guardians must formally accept a will on behalf of their wards. The Family Law provides for certain priorities such as the payment of the deceased’s debts.
Where no will has been made the Family Law provides that inheritance, ie. the way in which a deceased’s assets will be divided amongst his or her heirs, will be dictated by Sharia Law.
Where a non-Muslim dies in Qatar their assets may be temporarily frozen until such time as his or her heirs provide the Family Court with an appropriate heir’s certificate to prove their entitlement to the deceased’s assets. The form of an heir’s certificate will depend on the nationality of the deceased, eg. in England an heir’s certificate may be a letter of probate if the deceased had made a will. The heir’s certificate, together with the will and any other pertinent documentation, should be notarised, legalised and authenticated for use in Qatar and then subsequently translated into Arabic in Qatar and authenticated at the Qatari Ministry of Foreign Affairs before being submitted to the Family Court. In some circumstances the Qatar courts may take jurisdiction over a non-Muslim will, eg. material assets in Qatar, documentation is not in order, etc.
Note: Qatari Laws (save for those issued by the Qatar Financial Centre to regulate internal business) are issued in Arabic and there are no official translations for the purpose of drafting this article, we have used our own translations and interpreted in the context of Qatari regulation and current market practice.
If you would like further information please contact David Salt ([email protected]) or Emma Higham ([email protected])
