Qatar tops MENA region in female literacy rate

Qatar is the only country in the MENA region where female adult literacy is higher than male adult literacy, which confirms the vital role women have come to play in nation building, says Qatari writer and Faculty Member of Carnegie Mellon University in Qatar, Dr Amal Mohammed al Malki. Excerpts:

Q: How would you assess the present status of Arab women?

A: Arab women have achieved some critical rights, such as a more equal personal status code for women in Morocco, the right to divorce in Egypt, the right to vote and run in elections in Oman, Bahrain and Kuwait over the last decade or so.

However, there is so much more to be done. Women are still caught between politics and culture.

There is the need to institutionalise their rights to ensure they are not left to be hijacked by political factions or outdated traditions.

How would you rate the role of Qatari women in the process of nation building?

Qatari women are a central resource in Qatar’s strategy of national development.

According to World Bank statistics on women and development in the Middle East, Qatar is a leader in women’s advancement in the MENA region. Qatar closed the malefemale secondary school enrollment gap back in 1980, much, much before any other MENA country.

UNESCO figures for 2000 put Qatar as one of the only six MENA countries (along with the UAE, Kuwait, Lebanon, Bahrain, and Jordan) where adult female literacy is over 80 percent. It is the only country in MENA where female adult literacy surpasses male adult literacy.

Among the school-age population, Qatar stands third in the ratio of female to male literacy, second only to Palestine and Saudi Arabia. More than any other MENA country, Qatar has encouraged women to continue their education after high school, with three Qatari women attending a post-secondary college or university for every male who does so. Qatari women study the humanities, arts, and education at the tertiary level by a ratio of 9:1 over men, suggesting that Qatar, already and will for decades to come, rely primarily on experts drawn from its female population to design and implement its core educational strategies.

What are the stages of development Arab women have passed through in the past one to two decades?

Arab women’s recent development has been mainly tied to politics and economy, and thus we see that women in stable economies and political atmospheres have been granted more freedom and equality, especially in terms of education and employment.

The two main global agreements in recent history that have benefited Arab women are the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), a universal “bill of rights” for women that requires all signatories to abolish all laws that are inconsistent with women’s equality with men and the Fourth World Conference on Women, better known as the Beijing Declaration and Platform for Action (Beijing Declaration 1995).

What has been the impact of Arab Spring on Women in the Arab world?

Nothing that is positive so far. On the contrary actually, women rights are further jeopardised due to change of political ideologies and women themselves are the first victims of any political unrest, so until the Arab Spring settles down and we see its results on women’s struggle for equality, I’m afraid any claim of it having positive impact on women is just hypocrisy.

However, I would like to reverse the question and talk about the impact of women on the Arab Spring.

Women have proved that they are in fact equal citizens with political consciousness and can be major players in the political scenes.

Men and women stood side by side in every venue calling for freedom and political reform. They talked to the world east and west and utilised traditional media as well as new media.

They proved to the world and their own societies that they aren’t passive and that they have voices which they used in all languages.

Why is it that you are the only Qatari faculty member of the Education City?

It happened that I had the right qualifications and wouldn’t take “no” for an answer. The moment I knew what I wanted and that is to teach in Education City, I was determined to achieve my aim.

I believe nothing is impossible and you can overcome any obstacle with determination and hard work. To teach in a branch campus here in Qatar, I had to go through the main campus, which meant that I had to teach in Carnegie Mellon- Pittsburgh before teaching here. It was one of the most fulfilling experiences that shaped who I am today.

Do you think that Qatari women are unwilling to take up such responsibilities?

I believe in the will and power of Qatari women and I believe that many will follow in my footsteps.

What kind of role do you foresee for the Qatari woman by 2030?

I see her working as a partner and a leader. She will be the wife and mother, student, educator, manager, minister, politician, economist, pilot, athletic, and many more. She will demand the respect of the world and will break all stereotypes about her.

(Source: Qatar Tribune)

33 Qataris are aged 100 or more: QSA data

According to data released by the Qatar Statistics Authority (QSA) there are 33 Qatari senior citizens who are aged 100 or more. They are part of the 7,347 citizens aged 65 years and above – 3,506 men and 3,841 women.

Senior citizens were the focus of attention as Qatar marked the World Health Day yesterday under the theme “Ageing and health - good health adds life to years.”

The number of senior citizens in the country is on the rise, with an increase in life expectancy.

According to 2010 census, there are 13,817 senior citizens (aged 65 and above) in Qatar. Of them 6,470 are non-Qataris - 4,643 men and 1,827 women.

Qatar has been providing the best services to senior citizens. There are 12 citizens and 11 expatriates at the Qatar Foundation for Elderly Care.  Another 64 Qataris and 38 non-Qataris are admitted at the Rumaila Hospital and 64 Qataris and 38 expatriates are at the Hamad Medical City.  

In a statement issued on the occasion of the World Health Day, Minister of Health and Secretary General of the Supreme Council of Health HE Abdulla bin Khalid Al Qahtani said that Qatar has paid great attention to the issue of ageing, which was clear in Article 21 of the Qatari constitution that deals with the care to be given to the elderly people.

He said that the National Health Strategy 2011-2016 launched last year will positively contribute to the achievement of Qatar National Vision 2030, which puts the provision of a comprehensive health system as a main target. “Ageing and health” is a very important issue because the world is expected to see a four times hike in the number of people aged 80 and above  between 2000 and 2050,  reaching about 395 millions, he added.

The Minister called for using the World Health Day to unite efforts to promote healthy lifestyle from birth to death, so as to prevent or delay the incidence of non-communicable and chronic diseases, in addition to disability in advanced stages of life.

(Source: The Peninsula)

Qatar: The Duality of the Legal System

This article by A. Nizar Hamzeh first appeared in the Middle Eastern Studies, Vol. 30, No.1, January 1994, pp.79-90. The article analyses the background of Qatar's legal development and its organization of the judiciary. The article is made available through the Documentation Center, American University of Beirut in collaboration with Al Mashriq project.

A unique legal system prevails in Qatar in the Arab Gulf states. Two characteristics define Qatar's particularity. First, as a traditional Muslim society, people have settled their disputes according to the sharia court (Islamic court), which applies sharia law (Muslim law). Second, the independence of Qatar in 1971 marked the termination of British protection and with it British jurisdiction over non- Muslim residents. Consequently, the Amir established the Adlia court (civil court) to meet the needs and problems which resulted from the termination of British jurisdiction.¹

The foregoing characteristics, peculiar to Qatar, have produced a viable dualism in its legal system different from that of the other Gulf states. This is not to suggest that dualism does not exist in the legal systems of Saudi Arabia, Kuwait, Bahrain and the United Arab Emirates (UAE). Dualism, however, in these systems is invisible rather than visible. All four dynasties rule on the basis of Islamic legitimacy and the sharia law. Yet, in contrast to the four states where the economic activities and civil matters of non-Muslims are regulated by special committees or courts which are supervised by the King and the Council of Ministers, Qatar's Adlia court is not subordinate to the Amir and his ministers. The court is a rather independent body with a well-defined structure, something which is not present in the legal systems of the other dynasties. In contrast to the prerogatives of the ministers of justice of Saudi Arabia, Bahrain, Kuwait and UAE, Qatar's minister of justice may supervise but does not legislate secular laws, which are the prerogative of the Adlia court itself. This unique phenomenon of dualism which has never been studied consistently or independently will allow us to determine the extent of compatibility between the sharia law and the modem law of the Adlia court. This article will therefore focus on Qatar's legal system as suggested by the background of its legal development, the organization of the judiciary and the implications of dualism.

The territory of the state of Qatar is situated halfway along the west coast of the Gulf, and its territory covers a total area of 4,400 square miles. The oil industry, which developed much faster than the rest of the economy, has raised Qatar to the third highest per capita income in the world. In the 1980s this figure stood at $11,400, with $2 billion drawn from oil revenues. The present population is estimated at 300,000 inhabitants, most of whom reside in Doha, the capital city.²

Over the centuries Qatar's legal system has emerged in three stages: tribal law or desert law, sharia law and modern law.

Scholars are almost unanimous in their opinion that custom is not only the oldest source of law, but also an important one that has shaped the different legal systems in traditional societies.³ Like other Arab Gulf states (Saudi Arabia, Kuwait, Bahrain, United Arab Emirates and Oman), Qatar was made up of Badu (nomads) and Hadar (settled people). While the Badu roamed in the inland region in search of food, the Hadar lived in towns along the coast. Until the end of the eighteenth century, the Qatari tribes settled their disputes according to the customs of desert law recognizing Islam as an article of faith. Each tribe had its own dirah (territory) and its own shaykh (chieftain). The tribe depended on the shaykh for guidance and protection. Thus, the shaykh was the center of power, simultaneously a political chief and the supreme judge of tribal disputes.⁴ For example, in matters such as the amount and form of dowry payments, use of wells, homicide, theft, adultery and rape, the shaykh * was the sole power in settling disputes in the absence of legislation enforced by a centralized government. In the case of homicide, for instance, if a person from a certain tribe was killed by a member of another tribe (whether the killing was intentional or unintentional), both tribes became involved in what was called a 'blood feud'. In this blood feud tribes followed strict desert law. The victim's tribe would pursue revenge the third day after the homicide, hoping to kill in vengeance some member of the killer's tribe. However, if the killer's tribe was weak, it had the right to ask for the protection of another stronger tribe, until the shaykh of that tribe could find an acceptable solution for the victim's tribe. According to desert customary law, if the victim's tribe does not accept material compensation offered by the killer's tribe, the killer must be executed.⁵ Thus, justice was not an institution of peace and harmony but rather a strict enforcement of desert rules and customs. Although the desert law prescribed behavior and set sanctions for deviators, it lacked procedures for the enforcement of the principles of forgiveness and reconciliation. Nevertheless, the distinction between desert law and sharia law becomes increasingly blurred with the coming of sharia law as a sole basis for settling disputes among Qataris.

The second stage of Qatar's legal development extended from the end of the eighteenth century to 1916. This stage was characterized by the dominance of sharia law. Unlike modern Western law, sharia law is not an independent branch of knowledge nor is it the creation of legal scholars or secular institutions. Sharia, which literally means 'the way to follow', was revealed by God to the Prophet Muhammad, the founder of Islam, in AD 570. Thus, the sharia is a religious system in both its sources and rules. ⁶ In this connection, the sharia, contrary to Western laws, does not differentiate between civil obligations and religious ones. The sharia appears to be a one-way legal system from God to the individual. As David and Brierly put it, 'the Shari'a is, therefore, centered around the idea of man's obligations or duties rather than any rights he might have'. ⁷ In addition to this revelation, in a theocratic system there is no separation between state and religion. The role of the state in Islam is only of value as the servant of revealed religion. Although the sharia holds that civil authorities have the power to regulate society to preserve public order, the new regulations should not deviate from or diminish the importance of the sharia as a sole source of law.⁸

However, towards the end of the eighteenth century Shaykh Ibn Abdul Wahhab founded Wahhabism in Saudi Arabia. Wahhabism as an Islamic movement was influenced by the Hanbali rite, one of the four schools of Islamic jurisprudence.⁹ The Hanbali school of law insists upon strict adherence to the Qur'an and Sunna as the major sources of the sharia. It rejects individual reasoning or interpretation as a source of sharia law.¹⁰ Following the Hanbali rite, Ibn Abdul Wahhab rejected innovations running counter to pure Islamic faith. He sought to return Muslims to the 'Right Path' and eliminate negative practices of customs and tribal distinction, binding the Arabian peninsula into a unity based on purity and true religion. In fact, followers of Wahhabism thought so highly of their teacher that they refer to the era before him as jahiliyya (ignorance). ¹¹ The Wahhabi movement was responsible for the emergence of the Al-Thani family as rulers of Qatar since 1878. The Al-Thani family, adherents of Wahhabism, used the movement to legitimize their power. Also, with the help of the Ottoman Empire, which was the dominant power at that time, they centralized authority and brought Qatar under sharia law as it was interpreted by Wahhabism. The sitting judges of the sharia court at that time had full jurisdiction over civil and criminal matters. The judges applied the sharia law in resolving the disputes arising. If individuals were dissatisfied with the verdict, they had the right to appeal their cases to the Amir of the ruling family, who had full judicial power as a court of appeal. Thus, there was no separation between the judicial power and the executive power of the Amir.

The enforcement of sharia law limited desert law to a certain extent. One major limitation was that the authority of the shaykh of the tribe came to an end. Second, the application of sharia brought such customs to an end as blood feud, superstitions, black magic and bida' ([undesirable] innovations). For example, the blood feud was outlawed by the sharia court. However, other customs of desert law were integrated within it: aspects such as principles of reconciliation, payment of dowries, use of water wells and business contracts. Despite the fact that the sitting judge applied the sharia, he applied custom in matters that were not covered by the sharia law. Thus, one might argue that regular customs as opposed to irregular ones were incorporated in the sharia. In this connection, it should be noted that while custom is not part of Fiqh, the sharia does not condemn it.¹² Nevertheless, sharia law as a dominant legal system had to face a critical third stage of legal development.

The third stage of Qatar's legal development extends from 1916 up to the present. With the intrusion of British political influence and the discovery of oil in 1940 came the introduction of Western laws. The British involvement in Qatar from 1916 to 1971 brought British legal institutions. Under the British Foreign Acts, British legislation was given extraterritorial validity in the principalities of the Gulf.¹³ In the case of Qatar, British jurisdiction did not supplant local jurisdiction (i.e. sharia law) but instead was parallel to it, governing British and non-Muslim residents in Qatar, who worked for British oil companies and businesses, while Muslim residents remained subject to the jurisdiction of the sharia court. The British court was located inside the British consulate, its judges administered justice by applying the principles of the English common law, including the right to be represented by a lawyer in disputes. Final appeal against a decision of the British court was to the Privy Council in London . ¹⁴ However, after the independence of Qatar in 1971, British jurisdiction over non-Muslim foreigners ceased. Consequently, the sharia court regained full jurisdiction in all civil and criminal matters over all foreigners in Qatar. Thus, the status of non-Muslims became incompatible with the law applied by the sharia court. In response to the new situation the Amir, Shaykh Khalifa Bin Hamad Al-Thani created the Adlia court, as distinct from the sharia court, to deal with the backlog or disputes among foreigners and Qatar's nationals. In addition, with the increase in oil revenue, the government began to experience modernization in various fields. Modernization took place in the areas of education, medical services, housing, social welfare programs, state administration, transportation and communication. Thus new laws and new judicial techniques were urgently required to deal with consequences and problems of modernization that were unknown not only to sharia law but to the sharia court as well. Therefore, the Adlia court was deemed necessary in the absence of British jurisdiction for non-Muslims, and in the light of a changing society. Qatar's legal development has culminated in a dual judicial system.

The constitution apparently marked the beginning of an attempt to organize the judiciary. This organization had resulted in a division of Qatar's judicial system: while the sharia court applied sharia law, the Adlia court applied Western civil law.

The amended Provisional Constitution of 19 April 1972 which superseded the Provisional Constitution of 2 April 1970 defines the new state of Qatar in Article 1 as an 'independent sovereign Arab state; its religion is Islam and the Islamic Shari'a is the main source of legislation'.¹⁵ With exception to Article 1, however, there is no reference to the sharia law, neither in the procedural Articles 9, 10, 11 or the Judges' Article 65 which states that 'Judges shall be independent in the exercise of their power and that there shall be no interference in the administration of justice by any one'. ¹⁶ Thus, it is apparent that the constitution avoided specific reference to the kind of judicial system, which became an apparent dualism. However, according to the regulations of the presidium of the sharia courts and religious affairs, sharia judges are required to have a degree in sharia studies from an Islamic school. Currently most of the sharia judges and personnel are graduates from either Saudi Arabia or from al- Azhar University in Egypt. ¹⁷ The sharia court, according to the same regulations, has full jurisdiction in all civil and criminal disputes over Qatar's nationals and Muslims from other countries. The following is an institutional and jurisdictional division of the sharia court (see Figure 1).¹⁸

SHARIA COURT

Petty Sharia Court

This court consists of the first and the second court. Each court has two judges. The first court has jurisdiction over cases that need prompt action, such as felony, assaults and theft. The second court handles cases of personal status, such as divorce, marriage and contracts among people.

Grand Sharia Court

This court is headed by a chief judge who is also the president of the presidium of the sharia courts and religious affairs. The court acts as an appellate court to the Petty Sharia and has jurisdiction over major criminal cases such as homicide and serious theft. In cases of personal status, it has a wide jurisdiction on matters of inheritance and family disputes, and it also handles land and property disputes among Muslims. The court acts as a trustee for the property of minors and persons of diminished capacity. The court issues Fatwas on various matters. Its decision is final and cannot be overturned.

Presidium of the Sharia Courts

The presidium is an administrative body rather than a court. It is headed by the chief judge of the Grand Sharia court. The presidium supervises the work of the sharia courts and the chief judge selects their judges, who are appointed to their posts by royal decree.

Therefore, unlike the common law court, the sharia court is not based on case law, the judge does not have to follow precedents and is not bound by the decision of previous cases. The significance of the sharia judge is further highlighted by the absence of the jury system which is a dominant feature of the common law court. The judge applies the verdict of God by virtue of his knowledge of the sharia law. As for procedures, the sharia courts require neither the plaintiff nor the defendent to be represented by a lawyer before the court, Muslims represent themselves directly.

ADLIA COURT

The Adlia court was established in 1971 by royal decree No. 13. The court was supplemented by Qatar criminal laws (decree No. 14), which specified the jurisdictional responsibilities of the Adlia court in criminal cases. Thus, according to both decrees, the following is an institutional and jurisdictional outline of the Adlia court (see Figure 1):¹⁹

Petty Penal Court

This court consists of two departments. Each one is headed by a chief judge. The Petty Penal court has jurisdiction over cases such as felony, misdemeanours, traffic accidents, theft and cases that involve violation of the behavioral moral code.

Grand Penal Court

The court is headed by a chief judge called 'the president of the Grand Penal Court'. It has jurisdiction over major crimes such as homicide and serious offenses such as grand theft. It also acts as a court of appeal for suits tried by the Petty Penal court. However, Articles 17, 22, and 23 of the criminal laws specify that in certain crimes, such as intentional or unintentional homicide, and sex crimes such as rape, homosexuality and prostitution, if the accused is a Muslim, only the sharia court has jurisdiction over such crimes. However, the Petty and Grand Penal courts have jurisdiction over non-Muslims.

Civil Court

This court consists of three departments. Each department is headed by a single judge. One department reviews and rules on cases related to rental and lease properties. The other two departments rule on civil, commercial and personal status of non-Muslims. In this connection, the sharia court retains its jurisdiction over the personal status of Muslims. 

 
Figure 1: Insitution of the Judicial System in Qatar

Labor Court

The court was established in 1962 by royal decree No.3.20 The labor court has jurisdiction over all disputes brought to it under the labor law irrespective of the religion of the plaintiff and the defendent. Thus, the sharia court has lost jurisdiction over labor disputes among muslims, which is a part of its jurisdiction according to sharia law.

Court of Appeal

This is the highest court in the Adlia court in Qatar. The judge of the Court of Appeal is also the president of the presidium of the Adlia courts. He is appointed by the Amir and assisted by two judges appointed by him. The Court of Appeal is located within the presidium of the Adlia courts. It reviews appellate cases from the various courts, penal, civil, as well as labor. The ruling of the court of appeal is final and binding.

Presidium of the Adlia Courts

The presidium , which is headed by the chief of the Court of Appeal as stated above, is responsible to the minister of justice. The president selects justices of the courts and organizes the judicial apparatus of the Adlia court.

Unlike the sharia court, the Adlia court sources of law are based on a modern Western concept of law, where rules have been taken from Romano-Germanic legal systems. The judges of the Adlia court issue their verdict in accordance with the precepts of civil law, in which the rule of law is perceived as a rule of conduct according to the concept of justice. Thus, contrary to the sharia judges who apply the verdict of God, the judges of the Adlia court are more concerned with a general rule of conduct for the future. Furthermore, decree No. 13 in Article 6 (section b, c) requires judges and lawyers of these courts to have a law degree from a law school of an accredited university. The decree also requires the judges to have practised law for a requisite period of time. Moreover, the law requires that both the plaintiff and defendant be represented by lawyers in the court.²¹

Dualism is probably understood as the outcome of ambiguity rather than harmony in the judicial system. Yet it appears that every legal system has certain implications. However, the scarcity of the data makes it difficult sometimes for specific assessment of the obvious dualism. Nevertheless, the implications of the dualism of Qatar's legal system can be seen in the eclipse of the role of the sharia court, the rise of 'legal notables' and the rise of Islamic fundamentalism.

The increasing numbers of civil, criminal and labor laws which are under the jurisdiction of the Adlia court, have gradually contributed to the eclipse of the role of the sharia court. One might even argue that its role has been restricted to matters related to family law. A review of statistical reports published by the Presidium of the sharia Courts indicates that while there has been an increase in cases related to family law and Muslim personal status, there has been a decrease on the other hand in cases related to crimes and felonies.²² The reports show that cases of personal status such as marriage, divorce, inheritance and property rights have increased from 60 per cent in 1984 to 85 per cent in 1988, while the cases of homicide and felonies have dropped from 40 per cent in 1984 to 15 per cent in 1988.²³ However, the reports do not explain what the reasons behind this decline are. One possible explanation is that most cases of major crimes and serious offenses have been transferred to the Petty and Grand Penal courts of the Adlia, which probably handle these cases in a more sophisticated way not known to the sharia court. Overall, the statistical reports for the same period do not show the sharia court's jurisdiction over matters related to trade, labor, business and other related matters. The lack of jurisdiction over such areas is due to their having been taken over by the Adlia labor court. Consequently, this has led not only to the eclipse of the role of the sharia court but more importantly to a differentiation between religious duties and civil obligations, whereas they are inseparable according to Islamic sharia law as stated earlier. By the same token the ulama or sharia judges who issue fatwas in matters not covered by the sharia have become of no importance to the Qataris, since there have been other channels through the Adlia court where matters of criminal, trade, labor and business are well defined and the general rule of conduct is well established.

Furthermore, the sharia courts have always influenced government policies. For example, the sharia requires that every Muslim pay zakat (compulsory alms giving); however, neither the Adlia court nor government regulations force them to do that. Moreover, sharia law according to its main source, the Qur'an, forbids the taking of interest by individuals. Despite its clear condemnation, there are a total of 15 commercial banks operating in Qatar. Their operations are monitored by the Qatar Monetary Agency, its laws are secular and entirely divorced from Islamic regulations or influences. However, the banks offer their services to individuals, including Muslims, charging interest on loans and paying interest on savings.²⁴

The rise of the new elite of lawyers is another important implication of the dualism in Qatar's legal system. While the sharia court structure is made up of the traditional religious elite such as the ulama and judges, the Adlia court on the other- hand, as soon as its court judges and personnel became independent of the sharia court has prompted the emergence of a new elite of judges and lawyers as opposed to the traditional ones. The new elite has become what Ehrman calls 'the legal notables'.²⁵ The legal notables of Qatar are made up of judges and official public prosecutors and lawyers, trained personnel employed in government and private business, and the legal services groups. Although statistical figures about the legal notables are not available, speculation can be made about them by using related figures of Qatari students who study abroad in various fields such as modern law and business administration which are neither available nor well established in Qatar. Out of 1,300 students studying abroad, 387 are in social sciences and humanities.²⁶ Out of these 387, 96 students are majoring in business administration, followed by 43 students majoring in Western law, in comparison to 13 students studying sharia law. Then come political science and economics majors (27 students each). The rest of the students (94) are majoring in humanities." However, contrary to the sharia law, students who study in Saudi Arabia and Egypt (al-Azhar Sharia University), students studying Western law, business administration and related fields get their degrees from Western countries or from Arab countries with Western educational influences such as Lebanon, Jordan and Egypt. Thus it can be assumed that posts of judges, lawyers, trained personnel and higher adminstrative posts of the legal notables are supplied from the same student, who in turn become the legal notables. However, there are at least seven established law firms in Doha, which offer legal services for Qatar's nationals and businesses.²⁷ More importantly, having been exposed to liberal ideas and different concepts of Western law, the new elite are put in competition and are naturally in conflict with the traditional religious elite of the sharia court.

A third probable implication is the rise of Islamic fundamentalism. The impact of the present dualism on the rise of Islamic fundamentalism seems to be insignificant so far. However, the separate judiciary of Qatar's legal system may reinforce certain interests and alienate others. This is not to suggest that Islamic fundamentalist trends do not exist in Qatari society. However, possibly owing to the establishment of the sharia court and its judges who are usually government appointees, they tend to reinforce the legitimacy of the political authority in their interpretation of the sharia. Thus the responses of the establishment sharia may sound conservative rather than militant.

Nevertheless, the ensuing tension and ambiguity between legal norms and behavior as a result of dualism can alienate certain people in Qatar. In this respect, Ehrmann notices that 'institutions that are deeply rooted in tradition and values ... will be generally more resistant to modern law'.²⁸ Thus one would expect that Qatari Islamic fundamentalists are to be more alienated and resistant to the Western law of the Adlia court than the establishment sharia, Furthermore, fundamentalist Muslims believe that power in Islam is ascribed only to God and only the sharia court executes God's law.²⁹ Consequently, modern legal systems are alien to the existing Qatari fundamentalists such as the Muslim Brotherhood, at Takfir wal- hijrah, Hizb al-da'wah al-islamiyyah, and Hizb tahrir al-jazirah. While the first two parties are Sunni-based, the second two are Shiite-based.³⁰ Although much of their activities are covert and underground, it is well established among Qataris that the declining role of the sharia court will increase the militancy of Islamic fundamentalism, especially among the lower strata such as rural households and the badu.

The purpose of this article has been to investigate and to determine the extent of dualism in Qatar's legal system. It is found that dualism is visible and significant owing to two distinct types of judicial organization, the Adlia court and the sharia court. While the sharia court's sources and procedures are based on Islamic sharia, the court of the Adlia is based on a Western concept of law. The fact, however, remains that the Adlia court is neither part of the sharia court, nor supplementary to it. It is entirely independent and belongs to the modern legal sytem, the civil law. Thus the belief that Qatar is still governed by the sharia only, and the Adlia court is supplementary and incompatible with the sharia can be disputed.³¹ While the sharia court is still a viable source of moral guidance to many Qataris, there is more than a little evidence to support the fact that the sharia court's jurisdiction has been limited and even excluded from certain areas, such as labor, trade and business. In practice the sharia court entertains issues of Muslim personal status such as marriage, divorce, inheritance and crimes related to the family. However, its role in influencing individual behavior and state policies has been increasingly limited. Moreover, the presence of dualism has led to the rise of legal notables, as opposed to traditional religious ones. Furthermore, the presence of the modern legal system of the Adlia court may also increase the already alienated militant fundamentalist groups, which consider the Adlia court alien to the sharia. Thus the gap between the two laws will continue to increase as neither the sharia nor the civil law is applied on an integral basis. In the end, it depends on the state responses towards managing the dualism. Perhaps the civil law needs to be asserted over the sharia law. Whichever is the alternative, it is essential to have a legal system that is harmonious and embodies practical solutions to legal problems which might not find answers in religious faith only.

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NOTES

1. For more details on Qatar political institutions, see Yousef M. Abiden, al-Muassasat al siyassiya fi Qatar (Political Institutions in Qatar) (Beirut, 1979), p.290; see also Ahmad Rashid and Yousef M. Abiden Idarat al-tanmia fi dawlat Qatar (Development of Administration in Qatar) (Doha, 1975). Back

2. Qatar Yearbook 1984-1985 (Doha, 1985), pp. 19-22. Back

3. R. David and J. Brierly, Major Legal Systems in tile World Today: An Introduction to the Comparative Study of Law. (New York, 1978), p.423; Henry W. Ehrmann, Comparative Legal Cultures (New Jersey, 1976), p.21; J.E. Peterson, (Tribes and Politics in Eastern Arabia), Middle East Journal, Vol. 3 1, No. 3 (1977), pp. 297-3 10. Back

4. Rosemarie Said Zahlan, The Creation of Qatar (London, 1979), pp. 16-18. Back

5. Muhammad A. Ganim, al-Tahhadur fi Qatar (Urbanization in Qatar (Cairo, 1982), pp-235-6. Back

6. Muslim law or sharia has four sources: 1) Qur'an (Muslim holy book); 2) Sunna (Prophet Sayings [Hadith]); 3) Ijma' (consensus of Muslim Legal Schools [Fuqahal); 4) Qias (analogical reasoning). For more details see S.E. Abdel Wahab, An Introduction to Islamic Jurisprudence (Cairo, 1963), pp.30- 40. Back

7. David and Brierly, Major Legal Systems, p.421. Back

8. Abdel Wahab, An Introduction to Islamic Jurisprudence, p.15. Back

9. The four Orthodox Sunni rites or schools of law in Islam are named after the teachers who founded them: the Hanbali school was founded by Imam Ibn Hanbal (780-855); the Hanafi School by Imam Abu Hanifa of Kufa in Iraq (696-767); the Maliki School by Imam Maliki (715-95); the Shafi'i School by Imam al-Shafi' (767-820); for more details see J.N. Coulson, A History of 1slamic Law (Edinburgh, 1964), pp.38-91. Back

10. Ibid., p.71. Back

11. Michael Curtis (ed.), Religion and Politics in the Middle East (Boulder, Colorado, 1981),p.277. Back

12. David and Brierly, Major Legal Systems, p.432. Back

13. John A. Sanwick, The Gulf Cooperation Council (Boulder, Colorado, 1987), pp. 107-12. Back

14. Ibid., p. 108. Back

15. al-Jaridah al-Rasmiyah (Qatar Official Gazette) No.5, 22 April 1972. Back

16. Ibid. Back

17. Ri'asat al-mahakim al-shariyyah wal-shu'un al diniyyah (Presidium of the Sharia Courts and Religious Affairs), Statistical Report for 1983-1984 (Qatar 1984), pp. 15-17. Back

18. Ibid., pp.26-8. Back

19. Majmu'at qawanin Qatar (Collection of Qatar Laws for the Years 1961-1985) (Doha, 1988). Vol.3, decree No. 13, specifies the institutions of the Adlia Courts on pages 317-22. Decree No. 14 establishes Qatar criminal laws on pages 1126-60. Back

20. Ibid., Vol.3, pp. 1161-94. Back

21. Ibid., Vol.6, p.318. Back

22. Riasat al-mahakim al-shar'iyyah wal-shu'un al-diniyyah (Presidium of the Sharia Courts and Religious Affairs), Statistical Report for 1987-1988) (Doha, 1988), p. 93. Back

23. Ibid.,pp.100-1. Back

24. Collection of Qatar Laws, op. cit., Vol. No.3, decree No.7, pp. 1505-21. Back

25. For discussion of legal notables, see Ehrmann, Comparative Legal Cultures, pp. 12-15. Back

26. Yaum al-'ilm, al-Taqrir al-thanawi (The Day of Education, Annual Report) (Doha, 1986), pp. 191-3. Back

27. lbid.,p.199. Back

28. Ehrmann, Comparative Legal Cultures, p. 148. Back

29. Richard H. Dekmejian, Islam in Revolution (Syracuse, 1985), p.21. Back

30. Ibid., p. 145. Back

31. Abidan, p.290, see n. I above.Back

When life is pre-destined...

Sometimes I wonder, if I was destined to come and settle in the Gulf. Often I keep wondering how things in life make me to wonder if my fate was written earlier itself. All started when I was just in class one. I still remember how one day I had put the nappies of my small brother in a basket and told everybody at home that I'm going to foreign, to my husband's house and asked my mom to get me "tindi" snacks when she comes to see me. My mom's mom had bursted into laughter seeing me holding the basket, telling such dialogues. Everybody at home, including me, remember how tears were coming in her eyes while she was heartily laughing at my innocence. I sometimes hear my dad telling my mom that later he never saw such a hearty laughter coming from his mother-in-law. After that incident, my parents used to wonder if it would turn out to be real one day or the other, as they always think and believe that whatever small children tell innocently will become true at a later stage in the life.

Adding to this there was an another incident, which had my parents very angry. It was only the beginning of everything, I believe. My brother was around four or five-year-old then and we were staying in the village. He had this habit of going inside the village to play with other kids and it was difficult to catch him. So my mom had an idea to stop him from going inside the village, she used to put my frock and he never used to go in that attire and used to stay at home. But one day, after bath, my mom had forgotten to dress him and he had gone inside the village naked. When my parents got hold of him and my father beat him, he screamed in front of neighbours that your daughter will marry a foreigner and go away from you, then you will stop beating me... Hearing that, my dad had given him two or three extra thrashes. And now they remember how it has come true and how i married a guy who is from other state and now settled in the gulf.

During my school days, as far as I remember there were only two Muslim girls and in class 10, we all girls had gone for lunch to one of the girls' house during Ramadan. But then also, neither I nor my parents had any clue that one day  I would go and settle in the gulf. But much more obvious things happened during my college days. When I was in I PU, I had more than five to six Muslim girls who became my friends. One even tried teaching me Arabic and Urdu as I was eager to learn a new language. Azra, yes, her name was Azra Tahseen. She used to check my Arabic letters and yes, somehow i had picked up the alphabets until one day I forgot all of them,thanks to my studies and other activities. And then I didn't know that one day I would be learning Arabic in the Gulf. Yes, now I have passed the beginner's level of Arabic and I can read and write the alphabets and hold very basic conversations with Arabs with my broken language. Trust me I never knew that learning it would be that difficult... Had I had a fraction of clue about my living in Qatar in future, maybe I would have seriously learnt the language during my college days itself!

In the same gang, there was a Malayali girl, Mary Sharmila, who tried teaching me Malayalam, as it was very close to Tamil. I knew to read and write Tamil very well and she thought it would be easy for me to pick up Malayalam than Arabic, but don't know, somehow I didn't pay much attention towards that language as all the words had to nasal effect and we literally laughed at people when they talked in that language. Then also, Neither I nor my friends had any clue that one day I would end up marrying a Mallu and would move to Malayalais' favourite destination, the Middle East! And today I not only understand Malayalam, but also talk to Malayalis in their own language, hmm though never given a try to learn their alphabets, and there is no need as well, as Vij can read and write his language, I can read and write my language, besides Tamil, who often comes in handy while travelling in Tamil Nadu.

After my degree, I moved to Mysore to do my post graduation and then also I had a big gang of friends, of course, 90 per cent of them again Muslims. As I stayed and spent most of the time with them, many had even thought that I'm a Muslim! Some had thought that I might be in love with some Muslim guy, so I'm always with Muslims! Though I was not in love with any Muslim guy, yes there was a guy who was very serious about me and had even proposed to me, will tell about that incident in some other post sometimes later. Then also I didn't realise that all was pre-destined and one day I would move to the Islam country!

After finishing my post graduation I moved to Bangalore to join Krishik Foundation which trained civil service aspirants. There I met a girl who was a Malayali who was working as a journalist in one of the reputed English newspapers. She often talked about finding me a Malayali boy. How can I forget she even tried to play the role of matchmaker, yes, even to the extent of introducing me to one of her aged colleagues who kept on calling me later for a few months, even while he was drunk till I openly told him that I'm not interested in marriage and would like to pursue my studies. Later, my roommate's brother proposed to me telling that he wants to marry me. And funnily, it was the same girl who opposed her brother's idea of marrying me and he silently withdrew from the relationship, giving me a big jolt and it took me sometime to come out of that emotional attachment and to the fact that he's not gonna come back at all! Hehehe, that's a big story, yes an emotional one, and will share about that in some other post...

After the break-up, I didn't think that again I would meet a guy who again would turn out to be a Malayali and who would never leave me in between. Meeting this guy, Vij, my hubby was one of the most memorable days in my life and even when I met him, I had no clue that I would marry him one day... Friendship turned to love and ended in marriage and yes this happens to be another big story and was not like any other love story, as in most cases, we too faced so many hurdles before tying the knot, and September 23, 2007 united us in a strong bond, together forever and ever, not just emotionally, but also legally, we became husband and wife in the eyes of the world.

When we were dating, Vij's friends were moving to Dubai and he even I insisted that he go along with them as he could get better opportunities there, but no, he didn't dare to go, for he feared of losing me. Even when I assured him of waiting for his return, he didn't trust me, for he feared that my parents would marry me to somebody else and he would lose me. Hmm, then also no clue that one day the same guy would move to the Gulf in search of better opportunities. Nearly after one-and-a-half years of our wedding, he felt the need of moving abroad, circumstances were like that, he was not after money or job, but he wanted some sort of reloef and freedom, freedom from the pressure he was undergoing from his native, his people, me, my people, everyone and everything... It had become too much for him untilone day he decided to move to Qatar. Qatar, a tiny dot on the world map, never gained my attention except for the Doha conference which I had read in my civil service coaching classes. I had not dreamt that one day my fate would take me to the same tiny peninsula. Vij got better opportunities and it took him nearly one year and four to five months to convince me that I join him. I also felt very lonely without him, even though we talked to each other and saw each other every day over skype.

And it was last December I said goodbye to the job at Deccan Chronicle before joining Vij in Qatar in the last week of January 2011. Life took me from the IT hub, Garden City, which I loved and wanted to live forever, to desert. And today, we are making the desert look greener because we are together and our love is getting stronger and stronger with each passing day in the Middle East...

Now, shouldn't I call this as fate? Was my life not pre-destined? Whtever it is, I feel that there was some force which looked after my life and made me to Vij, who stood by my side through my ups and downs and took me to the Gulf. I have realised that whatever happens is for good and it will definitely have a purpose and sometimes we get to know and see them, and sometimes we don't get to know them, as we fail to recognise them...

Alone in the city? How about renting friends?

Read an article on the Guardian which was about renting a friend, trust me “renting a friend”! The article said about how a guy meets his friend at a café and over a cup of coffee thy chat about music, current events and the ups and downs of their working lives. But they don’t spend a lot of time talking about their feelings or their relationship, or rehashing the past. It’s just not that kind of friendship. And the interesting part comes from the fact that the duo feel the same and they prefer it that way, as the guy who has invited his friend to the café is paying him to feel the same. In fact, he’s paying him £40 an hour to feel the same!

Not so long ago, friendship meant lot of happiness, wisdom and good weather that money cannot buy. In a cold and indifferent world, a friend was someone we had to make for ourselves. But after reading this article, I don’t think it is required anymore, as we can buy friendship at our own convenience, that too by the hour! It’s like for a certain consideration, we can hire some friend to go to a museum with us, or hang out at the gym, or keep us company while we shop.

Wonder where this concept originated in? In Japan. But the idea is becoming popular across the world, including the US. There’s a website – rentafriend.com – which maintains a database of 417,000 names, people for hire from all over the US and Canada. And astonishingly, some 2,000 people pay to subscribe in order to find friends to take to dinner or to invite round for some scrapbooking. 

The website says: “Rent a Friend to attend a social event, wedding, or party with you. Hire someone to introduce you to new people, or someone to go to a movie or a restaurant with. Hire a Friend to show you around an unfamiliar town, teach you a new skill or hobby, or just someone for companionship. You can view all of the profiles & photos on RentAFriend.com right now for free!”

The website doesn’t forget to update the status. It says: “As of Friday, February 10th, 2012, there are over 417,000 Friends available for rent worldwide!” and goes on saying that where and all they have been featured and how famous the website is: “We have been featured on CNN, ABC, AOL, The Today Show, MSNBC, Fox News, Associated Press, CBS and thousands of other newspapers, television stations, radio programs, websites, and magazines from around the world.”

And recently, the website was launched in the United Kingdom and it says: “We are proud to announce that RentAFriend.com is now available in United Kingdom! We will be adding thousands of new Friends over the next few weeks, so please be patient as we expand globally!”

Maybe this idea will help for people who go abroad and find it difficult to socialize. If Asians are going to the Western countries, they might find it difficult to socialize with the Westerners and then this website might come in handy. Instead of feeling lonely and worrying how to socialize, maybe it is easy to find a friend on the website, of course coming at a price! Yes, when I came to Qatar last year, I longed for friends, a friend with whom I can talk and express my feelings. All the day I stayed at home and waited and waited for my hubby to return home. The whole day, I was alone at home. It was in such days I got to know about a girl from Bangalore who also had worked with the same newspaper where I began my journalism career. My joys knew no boundaries, as I thought here is a girl who is from Bangalore and I could talk to her in my mother tongue, Kannada.

But I didn’t realize the consequences of such a friendship. Every time I called her, she refused to pick my calls or answer my messages, making me feel that I’m troubling her and then I kept quiet. I thought maybe she’s busy and maybe she’s thinking that I’m calling her to ask if she came to know about any job openings, for I had sent her my CV, seeking her help to find me a job. But later I came to know when I went for an interview that she had not even mentioned my name when the Editor of a magazine had asked her if she knows any person who is interested to work. Will tell in another post why I didn’t accept the job offer from that magazine.

Coming back to the point, I had to go for a conference in India and requested her hubby if he could help me in getting some discount in air tickets. He promised me to do so by assuring that he would give the name and contact number of a travel agent. And I followed up with him for about 15 days, but in vain. All he had to do was just let me know that he couldn’t help me, but he took me for granted. But by the time I realized it, only two days were left for my journey and I had to pay twice the amount to get the tickets. Yes, a loss, economically and mental stress too!

Then, I sent her a message sarcastically thanking her husband for his “help” in getting me a “great discount” and asked if she needs anything from back home. And she was more than happy to know that her husband had helped me, when in fact he had not even bothered to just give me the name of the agent! She asked me to buy a bag for her, which fortunately or unfortunately I did, and returned to Doha. After my return, I tried contacting her, but in vain.

Later, she lost her job and she kept on calling me, and it was my turn to make her know how I used to feel when she was indifferent to my calls. Then, she and her hubby started posting personal comments to my casual status messages which surprised me. One fine day, I picked her call and finished my talk within two minutes and she felt I was rude to her by limiting myself to yes and no over the phone. And after that call, I felt bad and in the evening I tried calling her to visit us for the Laxmi puja, and no surprise, she didn’t answer my call and didn’t even bother to reply my text message.

I just left that issue at that and moved on till I found a good job at a repute company which matched her profile. I tried calling several times, but no answer and then I texted her, expecting no reply, but there it came, suddenly, asking me why I was so interested in helping her out. I replied, “Unlike others, who pretend to help and then turn their backs, I always help friends whenever I get an opportunity.” Then I sent her a mail telling her openly why I behaved indifferent, which only enraged her. Instead of accepting her follies, she wrote me back telling that I was “childish”. Emotions and “such kinda stuff has stopped bothering me 15 years ago.”

Then I wondered is she the same person who used to lecture: “I believe in the circle of life, because how else would you describe 'what goes around, comes around’...” “I believe that I'm responsible for my own actions because that alone will keep me from blaming others and causing strained relationships. I believe that relationships are built on respect, trust and love - strictly in that order. I believe that in a world of individuals comparison makes no sense at all…” and went on to say: “Sometimes, you wonder if all that you say falls on deaf ears. Sometimes, you wonder whether you took it for granted that someone will understand you when you poured your heart out…  You feel let down, you feel like you deserved more, you feel like you're entitled to an answer. But most of all, you feel like you were talking to a wall. Because, sometimes, that’s all it takes - a patient ear, and an encouraging word- to let you know that the way you feel matters. No advise, no rationalizing, no logical explanations, just listening to what you have to say. That's all it takes. And then you realize, it's unfair to expect others to react the way you want them to. It's stupid to think that they would treat you like an 8-year-old if you didn’t agree with everything they said. It's even more stupid to believe that they don’t actually care…” blah, blah blah.

Her lectures never stopped there, she went on: “We all need friends. Sometimes, we need just that one friend to make it easier for us to get through troubled times. Now, trouble need not necessarily mean something catastrophic, but it does mean that you’re in need of some advice. And that call for help must be taken seriously, no matter what the situation - whether it’s a break-up, a low –attendance-at-college issue, a quarrel at home because you weren’t allowed to go out and party, victim of office gossip, misunderstanding with the spouse, not knowing what to wear for an interview, or simply trouble with choosing the right pair of shoes… So, if I call someone a ‘close friend’, she’d have to be someone who tells me the truth about that little piece of spinach caught in the gap between my front teeth, someone who gives me her honest opinion about my wearing anything luminescent and pink - the colors may be in style, but she has the ‘permission’ to say that I look like a psychedelic ice-cream cone… To me, a close friend is someone who I can pour my heart out to, someone who listens to me before dishing out any sort of advice, who does not negate every feeling that I am going through in an effort to make me feel better, who ‘empathizes’ (as opposed to sympathize), who I can call at 4 am to pick me up from the airport, who I can invite home without having to worry about the mess…all this and so much more. We might move on from college talk and gossip, but in our hearts, we’ll always remember one another the way we used to be, no strings attached. Girlfriends! You can’t live without them…” blah blah blah.

And then, I saw both she and her hubby had disappeared from my Facebook, good for me, as I and my friends no more get to see their unnecessary personal comments on my wall. As whatever she lectured, she had never followed. I agree not everyone can become Ramakrishna Paramahamsa! And now, friends, from Bangalore, I run a mile away. She has taught me a good lesson, never to trust or rely on Bangaloreans and I think twice even before I talk to any Kannadigas in Doha now!

Coming back to renting a friend, maybe I would have not been hurt or insulted by a friend had I merely rented out a friend. But I have experienced how it feels to move to a new town and not know anybody, somewhat daunting and more than a bit lonely. And now, I don’t need to search any friends, as I have met like-minded friends, I get invitations for social gatherings and I’m enjoying my stay here.

But when given a good thought, don’t you think that it’s a shame that services such as renting a friend even have to exist? A friend is someone with whom a relationship has been developed and I wonder at the very concept of buying that. And see the sad state of affairs that a day has come where people can’t even make friends for themselves!

But I wonder if all is that easy. Will the so-called paid friendship stop at that and no emotions and feelings attached? Don’t they get used to the idea, or say an obligation to keep the paid friend happy and amused always? Don’t they have the fear of losing him/her if someone else pays them better? Will this paid friendship not too selfish and self-centered, not caring about each other or not getting attached emotionally? Don’t they feel that the paid friends merely act or pretend to be a friend, while all the attention is on the money paid on the basis of hours spent with each other?