Qatar Judicial System

The State of Qatar has adopted a new and permanent Constitution that defines the rights and obligations of individuals, whereby the States Institutions are based on the separation of Powers.

The Executive Authority is vested in the Emir HH Sheikh Hamad Bin Khalifa Al Thani and he shall be assisted by the Council of Ministers as specified in the Constitution.

The Legislative Authority is invested in a democratically elected Legislative Council.

The Judicial Authority is vested in Courts of Laws, and Court Judgments shall be pronounced in the name of the Emir.

On 12th  August 2003, His Highness the Emir issued Law No. 10 for the year 2003 promulgating the Judicial Authority Law, published in the Official Gazette on the 1st October 2003, and it shall be enforced on 1st October 2004. This new law established a council named The High Judicial Council which is formed of:

- The President of the Cassation Court

- Senior Deputy President of the Cassation Court

- Senior Judge in the Cassation Court

- The President of the Court of Appeal

- Senior Deputy President of the Court of Appeal

- Senior Judge of the Court of Appeal

- The President of the First Instance Court

In addition to its other authorities, The High Judicial Council is competent of giving opinions pertaining to judicial matters and proposing special legislations for the development of the Judicial System.

Under this law, the courts in Qatar shall be composed of:

Cassation Court: A Judgment passed by the Court of Appeal can be challenged before the Court of Cassation, which will only consider a wrong application or interpretation of the rules of law.

The Court of Appeal: The Court of Appeal is competent to decide on the appeals objecting to the Judgments delivered by the First Instance Court. The Court of Appeal is composed of a president and a significant number of presidents and deputies for the president and judges. It shall contain circuits to decide on the appeals objecting the judgments delivered by the First Instance Court pertaining to doctrinal provisions and Punishments provided under the Islamic Shariah, criminal cases, civil and commercial cases, personal statutes, estates, administrative disputes and other issues. The circuits and their jurisdiction shall be determined through a decision passed by The High Judicial council.

Court of First Instance: The Court of First instant is composed from a president and a significant number of presidents and deputies for the president and judges. It contains circuits to decide on doctrinal provisions and Punishments provided under the Islamic Shariah cases (Qesas and Hudood), criminal cases, civil and commercial cases, personal statutes cases, estates cases, administrative disputes and other issues. The circuits and their jurisdiction shall be determined by a decision passed by The High Judicial council.

Qatar New Laws

In the past few years, the state of Qatar witnessed a legislative revolution, which reflects the Qatari desire to attract foreign investments and to create confidence for the local established businesses, and some of the most significant laws, which were issued recently, are:

- New Commercial Companies No. 5 for the year 2002

- Commercial Agencies Law No. 8 for the year 2002

- Law No. 13 for the year 2000 regulating Non-Qatari capital Investment in Economic activities, Trade Marks & Commercial Indications

- Trade Names, Geographical indications and Industrial Designs Law No. 9 for the year 2002

- Law No. 25 for the year 2002 protecting Intellectual Property & Author's Rights

- Customs Law No. 40 for the year 2002

- Investments Funds law No. 25 for the year 2002

- Law No. 11 for the year 2001 regulating the Engineering Profession

- Law No. 24 for the year 2002 regarding Retirement & Pensions

- Labor Law No. 14 for the year 2004

- Law No. 25 for the year 2004 combating the concealment of non-Qatari practicing Commercial, Economical and Professional activities in contrary to the law

- Law No. 28 for the year 2002 combating money laundering

- Law No. 4 for the year 2004 regulating navigation agencies practices

- Law No. 17 for the year 2004 regulating the ownership and utilization of lands of non-Qatari

- Civil Law No. 22 for the year 2004