Does the jury system fits the Qatari legal system - Research Paper Example

Download file to see previous pages... Qatari Legal System The Qatar Legal System, which is a unique one, is marked by the two unique features. Firstly, being a conservative Muslim country, Qatar’s legal system is based upon the Islamic Law, which is known as Sharia. Next, subsequent to the country’s independence in 1971, the civil court (Adlia Court) was formed, to address issues resulting from the end of the British control. (1) The legal scene of Qatar is in start contrast to that of the four neighboring Islamic societies: United Arab Emirates, Saudi Arabia, Kuwait and Bahrain. In these four zones, special courts or committees regulate the matters of non-Muslim citizens. But it Qatar, it is the aforementioned Adlia Court that is empowered to pass all laws and regulations governing people belonging to religions other than Islam. (1) For the duration of the preceding few centuries, Qatar’s legal system evolved through three phases and reached its present position. The following are the three patterns of law that had governed the three phases: tribal law, sharia law and modern law. During the phase of the tribal law, some of the judgments handed out were barbaric, to say the least. In that stage, the tribal laws and customs were enforced with utmost severity. Subsequently, there was the advent of the stage where, the Sharia, which is the divine revelation of the regulations to be followed, was adhered to. After that, the British ruled Qatar for the period 1916-1971, and during this time, their (British) laws were the ones that governed the country. And after end of the British regime, the Sharia Law regained its position of supremacy, in the country’s realm of Law. (1) It was almost at the time of independence that the revenue that Qatar derived from oil started to display a rapid growth, and thus paving the way for modernization. And along with this modernization came many new problems warranting immediate attention. As mentioned earlier, the Adlia Court came into being primarily with the objective of addressing these problems. (1) Absence of Jury It has been seen that the modern-day legal system of Qatar is the one that is based on Sharia, which is the word of God. Owing to that, the aspect of referring to previous cases, for arriving at the judgment is conspicuous by its absence in the nation’s legal scenario. To put it in other words, as the Sharia is the law given by the Almighty, there is no scope for both ambiguity and also seeking other sources for guidance, in legal matters. In Qatar Courts, the judge arrives at his decision, fully relying upon their knowledge of the Holy Shraia, and hence this judgment cannot be challenged. As it is the divine word that is the source of the country’s (Qatar) law, both the plaintiffs and defendants cannot use the services of lawyers. They (plaintiffs and defendants) are necessitated to directly present their respective arguments, on their own. (2) At this juncture, it needs to be noted that jury was not followed by Qatar, in any of the three stages of the legal system. The reason behind that is very simple to understand. When it is divine revelation that is the foundation on which the law rests, there is no scope for too many arguments in the courts. The word of God cannot be questioned. At this point of this write-up, it won’t be out of place in having a brief look at the jury system that is being followed in the United States. This would be of ...Download file to see next pagesRead More