Qatar Family Law (Law No. 22 of 2006)

المادة 1

In the application of the provisions of this Law, the following words and expressions shall have the meanings assigned to each, unless the context requires otherwise: “Court”: The competent court of family matters. “Judge”: The competent judge of family matters. “Child and Children”: Male and female. “Filing the Claim”:The acceptance thereof as marked on the petition filingit. “Year”: Hijri ((Islamic Calendar Year). “Month”: Hijri (lunar or Islamic Calendar Month). “Evidence”: Any means of proof accepted in Islamic Sharia law.

المادة 2

The provisions of this Law shall apply, as from the date of enforcement, to all claims that are not decided by a Court of First Instance judgment.

المادة 3

Unless provided by this Law, or otherwise decided by the Court, the prevailing view in the Hanbali School shall be followed. If no such prevailing opinion in the Hanbali School is to be found on a situation not specifically provided for in this Law, the judge may apply as deemed appropriate the views of the other four Sunni Schools. The judge can apply the general rules of jurisprudence in Islamic Sharia if all the above recourses, in the order stated above, are unable to reach a satisfactory outcome.

المادة 4

This Law shall apply to those subjected to the Hanbali School of Thought. Others shall be subject to their provisions. Family matters of non-Muslim parties shall be subject to their own provisions. The provisions of this Law shall be applicable, in all cases, to those who request its application or are of different religions or schools. This law shall apply to those subjected to the Hanbali School of Thought. Those subjected to other schools of thoughts and/or non Muslim jurisprudence shall be subjected to provisions of their respective Schools of Thought and/or non Muslim jurisprudence. The provisions of this law shall in all cases be applicable to those who request its application or are of different religions or schools.

المادة 5

“Engagement” is a request of marriage and/or the expressed promise of marriage as determined by custom. Consequently it shall not give rise to any of the consequences of marriage.

المادة 6

Engagement of permanently or temporarily forbidden women is prohibited. However an allusion on engagement is allowed whilst a woman is observing Iddat (waiting period).

المادة 7

Each party engaged to marry have a right to terminate an engagement. Money paid as part of dowry shall be redeemable if either party decides to terminate an engagement. Furthermore if an engaged party dies during the engagement, his heirs have the right to redeem the money paid as part of dowry and or whatever was paid in kind as part of dowry. Payment which was made in kind as part of the dowry shall be given an equivalent appropriate value on the day payment was made. In case where the fiancée used her dowry or part thereof to purchase trousseau, the fiancées shall have to refund the dowry in its entirety, or give the trousseau equivalent to the amount utilised from the dowry and the balance of the dowry.

المادة 8

If the engagement is cancelled without justification, gifts shall be returned in kind if they exist, alternatively their equivalent or value when received if he/she terminates the engagement without a reason, unless such gifts are consumable by their nature or if custom dictates otherwise. Furthermore if one of the parties withdraws for some reason, the withdrawing party may withhold what had been given in kind. Where gifts are still to be received, the withdrawing party may redeem them on receipt. However, if the engagement was terminated due to death and/or reasons beyond the control of both parties, the gifts shall be irrecoverable.

المادة 9

Marriage is a legitimate contract between a man and woman on the basis of sustainability, and its aim is cohabitation and securing chastity

المادة 10

Marriage shall be established by a formal contract issued in accordance with the law, as an exception, it may be proved by other Evidence as may be decided by the Judge.

المادة 11

The following two preconditions shall be prerequisite in a marriage contract: 1. 1) Both parties shall satisfy such conditions required of them. 2. 2) Offer and acceptance from both parties.

المادة 12

The following conditions shall be required for validity of the marriage contract: 1. Competence of the parties and their being free from legal disabilities. 2. Validity of offer and acceptance. 3. The guardian, who satisfied conditions in accordance with the provisions of this Law. 4. The witnesses as stipulated in this Law.

المادة 13

The following conditions shall be required for the validity of offer and acceptance: 1. Both must be borne of full consent in verbal pronouncements, idiomatically or customarily, indicating their understanding of the meaning of marriage. In case of the inability to speak, the law requires that the parties express the understanding of the meanings in writing or any form of acceptable communication. 1. They must be uttered in full sentences denoting perpetual conjugal relation. 2. The offer must remain valid until accepted. 3. Acceptance must agree with and correspond to the offer expressly or by implication. 4. There must be coextension of the contract meeting.

المادة 14

Marriage contracts are subject to sanity and maturity of both parties. In the case of marrying a second wife and, if the husband's status reveals his financial inability, the marriage attestator/notary shall ensure that the new wife has knowledge thereof. The marriage attestator may not refuse to execute the contract marriage if the parties so desire, and in all cases all other wives shall be notified of this marriage after execution thereof.

المادة 15

Notwithstanding the provisions of the preceding Article, marriages of the mentally ill or incompetent persons shall not be authenticated save under the following conditions: 1) Approval of the guardian. 1. Verification of consent and knowledge of the mental condition by the other party entering into a marriage contract. 2. Verification by a competent medical expert that the illness will not be transmitted to his/her descendants.

المادة 16

The Judge shall not authenticate the marriage of a person placed under guardianship for prodigality except by approval of his legal surrogate/ legal representative and after verifying that the dowry is appropriate in accordance to his financial status. In cases where the surrogate/legal representative refrains to the above mentioned approval, the Judge shall require the surrogate to give the approval within a specified period. However in cases where the surrogate does not object or the objection is unmeritorious, it is the prerogative of the judge to decide whether the party deemed incompetent shall be allowed to marry.

المادة 17

Males are not allowed to enter into marriage contracts before the age of eighteen (18). Females are not allowed to enter into marriage contracts before the age of sixteen (16). All marriages of males and females over the age of eighteen (18) and sixteen (16) respectively shall only be allowed after the approval of the guardian, verification of the consent from both parties to the contract and the permission of a competent Judge.

المادة 18

Each party to the contract shall submit to the marriage attestator/notary a medical certificate from a competent medical authority specifying that parties are free from genetic diseases and the other diseases specified by the National Health Authority in coordination with the relevant authorities. The marriage attestator/notary shall notify each party of the content of the medical certificate submitted before the signing of the contract. The notary may not refuse the authenticification of the contract as a result of the medical examination if the parties so desire.

المادة 19

To conclude a marriage contract, a private power of attorney, approved by the competent authority, may be used. Agents shall not exceed their limits stipulated by the power of attorney. Should the agent be found to be intrusive (fuduli) the contract shall not be concluded on behalf of the person concerned unless otherwise ratified by the concerned person or his guardian. The agent himself may not marry his principal, unless the power of attorney provides for so doing.

المادة 20

Marrying the following persons shall be prohibited on the ground of consanguinity: 1. Ascendants, however high in lineage. 2. Descendants, however low in lineage. 3. Descendants of either or both parents, however remote downwards. 4. The first degree of the descendants of grandparents or grandmothers.

المادة 21

Marrying the following persons shall be prohibited on the ground of affinity (kinship through marriage): 1. Spouses, by mere contracting, of ascendants, however remote upwards, and of descendants however remote downwards. 2. Ascendants of spouses, by mere contracting, however remote downwards. 3. Descendants of spouses, by consummation of marriage, however remote downwards.

المادة 22

A person may not marry his descendant issue of adultery, however remote downwards, nor his daughter whose affiliation to him is rebutted by Li'aan.

المادة 23

Prohibitions arising from consanguinity shall also apply to breastfeeding, provided that satiating the suckling occurred in the first two Years of birth five definite times.

المادة 24

A person may not marry a woman he was involved with her in mutual cursing (Li'aan).

المادة 25

It shall be temporarily prohibited to: 1. Have concurrently two Mahram women as wives, even during Iddat (waiting period), where, if one of them were to be a male, it would be forbidden for him (the presumed male) to marry the other. 2. Marrying more than four wives, even if one of them is in Iddat. 3. Marrying women already married or marrying women in Iddat (mourning period). 4. Remarry his divorcee, who is divorced three times, until she has completed her Iddat (waiting period) on a divorce by another man who had married her properly and consummated his marriage as recognized by Sharia law. 5. Women wearing Ihram for a Hajj or Umrah. 6. Have as a wife a non-Muslim woman, save for a Kitabiya (Christian or Jewish) woman. 7. Marry a non-Muslim man to a Muslim woman.

المادة 26

The matrimonial guardian shall be the father, then the agnate grandfather, the son, the full brother, paternal half-brother, the full uncle and then the paternal uncle, respectively. The guardian shall be a male of sound mind, mature, not in the state of ritual consecration (Ihram) for (Hajj or Umrah), and a Muslim if the guardianship is for a Muslim woman.

المادة 27

If matrimonial guardians are two and equal in relationship, either of them may conclude the marriage in accordance with its conditions. If the contract is concluded by a distant guardian while the closest guardian was present, the marriage shall be valid, unless the closest guardian is the father. In that case the contract shall only be concluded with the approval of the father. The father has the right to annul the marriage if he does not approve the marriage contract. In this case, the Judge shall decree as may be deemed suitable in the circumstances and for the requirements of interest.

المادة 28

A guardian of a woman shall conclude her marriage with her consent.

المادة 29

Subject to the judge permission, the distant guardian shall conclude the Marriage in the following two cases: 1. If the woman's closest guardian prevented her from marriage, or if there are several guardians of the same degree who have all withheld their approval or disagreed among themselves. If the close guardian is absent and the Judge is of the opinion that waiting for the view of the absent closest guardian may adversely affect the marriage.

المادة 30

The judge shall act as a guardian to all those without guardians. The Judge may not marry himself to a woman under his guardianship.

المادة 31

Matching/competence in marriage shall be a condition for enforceability focusing on piety and good manner at the time of contracting.

المادة 32

Matching is a private right for the woman and her guardian.

المادة 33

The guardian for matching shall be an agnate according to the order provided for in the first paragraph of Article 26 of this Law

المادة 34

Should the husband found to have misrepresented himself in terms of matchability, the wife and her guardian shall have the right to request revocation of the marriage

المادة 35

The right to claim rescission shall lapse upon the wife getting pregnant or the passage of one Year after the marriage conclusion.

المادة 36

There shall be two Muslim male witnesses in every marriage contract. The witnesses shall be of sound mind and mature and competent, having heard the offer and acceptance and having understood that marriage is intended.

المادة 37

Dowry is the money and/or whatever is deemed legally valid, paid by the husband for the purpose of marriage

المادة 38

Dowry belongs to the wife; she may dispose thereof as she wishes.

المادة 39

Dowry may be paid promptly at the time of concluding the marriage contract or deferred in whole or in part. Dowry shall become payable at the conclusion of a proper marriage contract. Dowry shall be confirmed in whole upon consummation of marriage, valid seclusion or death. The deferred part of the dowry shall fall due by the elapse of the time specified therefore, and such time shall have elapsed on the occurrence of irrevocable divorce or death, in which cases the deferred dowry shall become due. Divorcees shall be entitled before the consummation of the marriage to half of the dowry if specified; if not or if invalidly specified, the Judge shall grant her an enjoyment consideration not exceeding half of the comparable appropriate dowry.

المادة 40

The wife may refuse to consummate marriage until dowry is paid. However if the wife agrees to copulate with her husband before receiving the dowry, it becomes a debt upon the husband.

المادة 41

The entire dowry or the enjoyment consideration shall be an ed if the separation was initiated by the side of the wife before consummation of the marriage or being together in proper marital privacy.

المادة 42

If the spouses, before consummation of marriage, dispute on the delivery of immediate dowry, the onus of proof shall be on the husband; if he fails, the dispute shall be decided upon the wife's word on her oath. If such dispute is after consummation, the onus of proof shall be on the wife; if she fails, the dispute shall be decided upon the husband's word on his oath. Should they disagree over the essence of naming the dowry after its confirmation and the claimant was unable to show proof, the named dowry at the time of retracting the oath will be decided or a dowry similar to that at the time of taking the oath. The similar dowry is compared to the dowry of precedent among women under like circumstances.

المادة 43

If the spouses dispute over the amount of the dowry, the onus of proof shall be on the wife; if she fails, the dispute shall be decided upon the husband's word on oath, unless what he claims, customarily, cannot be a dowry for her like; in which case, a dowry of her like shall be decreed. The same applies to disputes between one of the spouses and the heirs of the other, or between the heirs of both.

المادة 44

Should the couple dispute over property received, because the husband claimed it was a trust and the wife claimed it as a dowry. They shall be expected to produce evidence. Whosoever amongst them provides sufficient evidence, the court shall judge in his/her favor. Should none provide sufficient she/he shall take an oath. If the disputed property is the same kind of the dowry, the dispute shall be decided upon the wife's word on oath. If the property is not the same kind of dowry, the dispute shall be decided upon the husband's word on oath.

المادة 45

Should the couple dispute over property received, where the husband claims it was a dowry and the wife claims it was a gift. They shall be expected to produce evidence. Each one of them shall be judged upon the established evidence. Should they fail to provide sufficient evidence. The court will look at the norm prevailing with the custom and society of the gestures. , Whomsoever testifies by norms shall take an oath..

المادة 46

The husband shall be bound to provide the matrimonial home. If the wife provides something of it then it shall belong to her. The wife may have recourse to her husband for her contribution in building the marital home. Such contribution may not be considered a gift from her except by express acknowledgment. The husband may make use of the trousseau belonging to the wife as long as the marital status persists. If he wilfully damages it, he shall be liable therefore.

المادة 47

If, during wedlock or after separation, the spouses dispute over household belongings that are more suited to one of them than the other, then each of them who establishes proof shall be decreed the owner, even if the disputed belongings are of a kind fitting the other. If they adduce Evidence, the proof that is supported by the ostensible state of things shall prevail. If they both fail to adduce Evidence, then the property that is suited to women shall be decreed for the wife on her oath, and that which is suited to men shall be decreed for the husband on his oath.

المادة 48

If the spouses or their heirs dispute over household belongings that suit them both, then either party of them who establishes proof shall be decreed the owner. If both adduce Evidence of equal weight, or both fail, the disputed belongings shall be decreed on their oaths to be divided equally between them.

المادة 49

A marriage contract may be proper or improper. An improper marriage shall include invalid (Fasid) and void or (Batil) marriages.

المادة 50

A proper marriage shall be the marriage that meets its preconditions and conditions without any legal disabilities and shall give rise to its full legal effects on conclusion.