Qatari Legal System and the Jury - Research Paper Example

?Qatari Legal System and the Jury Introduction This paper elaborates on the implications of introducing the system of jury, into the legal system of Qatar. For this purpose, the paper would first elaborate on the background details pertaining to the country’s (Qatar) legal scenario. This is to highlight the fact that the jury system was never a part of the nation’s legal structure. After that, the paper would move on to briefly focus upon the jury system, as followed in the United States. It (paper) would then, backed by examples and reasons, emphasize on the fact that the jury system is not at all compatible with Qatar’s legal avenue. 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 immense help in understanding the striking variation between the two countries (USA and Qatar), with regard to the respective legal systems. Jury system of the United States There is no hesitation in emphatically maintaining that the jury system followed in the United States is unique, throughout the World. Nowhere else in the World is the jury as effective as it is the US. It is now strongly believed by a major chunk of the US population that the chances of arriving at the right judgment are much higher when the jury system is followed, than when it is just one judge handling the case. There indeed is a very strong reason for stating so, and the subsequent paragraph would elaborate it. (3) Nearly, all the states of the US have their own official jury instructions, which are related to common legal issues. The following are the three terms by which these instructions are known: Pattern, Model or Approved Jury instructions. Likewise, Model criminal jury instructions and Model civil jury instructions are there with several federal circuits. Also, some federal courts at the district level are guided by jury instructions, which are exclusive for them. All these points highlight on the aspect that, the US jury system is a predominantly systematic one, and which has been designed in a manner so as to ensure a fair trial as well as a proper decision. (11) As per the American legal system, the members of a jury come from diverse social backgrounds. All the members (jurors) discuss about the crucial points of the case, and only then arrive at a collective decision. This decision has inputs from people of different profiles, and there is hence a very slim chance of it (decision) being an improper one. In a significant chunk of cases, the jury decision turns out to be the right one where, the aggrieved part is assured of justice. (3) In spite of the uniqueness of the country’s jury system, yet, it also has to be understood that it (the US jury system) is indeed a complex one. The following example best focuses on the complexity of the jury of the United States. There were three different cases where, the defendants filed an appeal against the jury decision arguing that the police officers still in service and CPS solicitors were included in the jury. Here, a reference has to be made to a committee of the year 1965 coming out with recommendations about the manner in which rules of jury need to be framed. This committee strongly suggested that professionals serving in the avenues of justice and administration should not be included in juries. It was argued that when such profiles are authorized to be jurors, the same could lead to a scenario where the jury decisions result from bias, favoritism, etc. In two of the above cases, the appeals of the defendants were upheld, as there emerged a strong chance of the jury decisions being biased. However, in the third case the appeal was struck off as the decision of jury was not considered to be a prejudiced one, based upon facts of the case. (12) The contents of the above paragraph effectively highlight the intricacies involved in the American Jury System. Several complicated aspects have to addressed to make sure that juries come to proper decisions, and thus justifying the purpose for which they (juries) are existing. The primary objective of the United States Jury System is to safeguard the common citizens from oppressive practices by the government. As a matter of fact, it is this very objective that has been guiding country’s (USA) jury system since several centuries. Here, it has to be understood that when judges are considered as being the sole interpreters of the constitution and law, the same could endanger individual rights. (4) A leading expert in the American realm of law forcefully argues that a fair number of government officials are of questionable integrity, and hence are vulnerable to bribes and other forms of corruption. The same applies also to the judges, as they too are rendering services for the government. Using this as the basis, this expert stresses on the relevance of the jury system of the United States. He (the expert) also subtly states that the government can interpret laws as per its own convenience, whenever it intends to function in an autocratic manner. And the presence of a sound jury system goes a long way in making sure that all such actions of the government are thwarted, much to the relief of the country’s common people. (4) At this point, it also has to be highlighted that since the recent past, there has been some decline of the power of the jury, in the United States. As a matter of fact, there is a noteworthy drop in the cases that have relied upon a jury trial, since of late. In fact, there is no dearth for people related to the legal avenue, who argue that the jury system needs to be eliminated altogether. (5) Simultaneously, there are also various groups strongly maintaining that the continuance of the jury system is highly imperative. They state that this system enables common people to participate in the legal processes, and this in turn would make them as more enlightened individuals. A research carried out focuses on the point that people who have served in the juries tend to be more responsible citizens of the land. (5) This particular section of the paper can be concluded with the comments that, overall, the jury system of the US has been rendering yeomen service to the country. Notwithstanding the arguments from some sections of the legal realm, it can be said that the jury system should be allowed to continue. It is just that some needed reforms have to be initiated so as to make it even more effective, in ensuring justice for the common people. Jury system incompatible with Qatar Law - Examples As has been mentioned earlier, the system of jury is incompatible with the Qatar law, and there are several real examples that go on to highlight this particular fact. Now, a brief look at some of those (examples) is more or less necessary to be fully appreciating the topic being discussed in this paper. Just a few months back, the central bank of Qatar issued an order where, all banks operating in the country and not guided by the Islamic principles are necessitated to gradually reduce their operations. Here, it needs to be specifically mentioned that, the aforesaid order does not necessitate complete closure of the banks. It is just that the wings of these banks offering Islamic Finance have to wind up their operations in Qatar. (6) This particular regulation is a direct response to the constantly increasing concern resulting from the fact that, many non-Islamic banks were blending their regular operations with Islamic pattern of banking. As a matter of fact, it needs to be mentioned that, this particular order has been issued also for the purpose of safeguarding well-being of Qatar-based banks, with regard to competition from multinational banks. (6) At this juncture, it is necessary to be having a brief understanding of what actually Islamic banking means. Islamic banking is fully based on the Sharia Law, which strongly dictates that interest should not be charged. And it is a universally known fact that interest collected from customers is the major source of revenue for all the multinational banks. It was in the year 2005 that foreign banks were first permitted to open their units in Qatar, and which had to function as per the Sharia. As a direct effect of the above regulation, the very existence of the overseas banks, in the gulf region, could be seriously jeopardized. (6) In the year 2008, a survey revealed that a substantial chunk of the people residing in Qatar feel that, when one is outdoors, they have to be dressed in a decent manner. In this connection, it has to be noted that the related laws of Qatar prohibit wearing of clothes that do not properly cover the body. Based on the above survey, it can be opined that the population of the nation (Qatar) have no problems whatsoever with the dress-related restrictions. In fact, many people (staying in Qatar) strongly opine that, at the airports, the officials have to distribute brochures to travelers arriving from other zones, providing information about Qatar’s modest dress code. In this regard, it needs to be noted that this modest pattern of dressing is also in conformity with the principles of Sharia. (7) In December 2009, a new law came into force, in Qatar. This law makes it mandatory for all expat workers to be presenting themselves before the medical commission for fulfilling the formalities related to residence permit, before the completion of seven business days from the day of entry. Earlier to that, the expats had ninety days limit, for this very purpose. This law also stipulates that, on cancellation of the residence permit, people are entailed to leave Qatar within duration of ninety days. (8) At this point, it is but obvious to be puzzled as to what is the relation between the above examples and the absence of jury system, in Qatar. But a careful reading of the preceding few paragraphs does subtly stress upon the reason for which the jury system is incompatible with the law of Qatar. In this context, some elaboration is necessary for fully comprehending the issue. The first two examples discussed in this particular section speak about the extent to which the principles enumerated in the Sharia dominate the country’s legal sector. As already stated in this write-up, the Sharia is considered to have been directly revealed by God, and hence there is no way in which it can be questioned. To put it in other words, the question of relying on a jury arises when there is lot of ambiguity involved in interpretation of law, and when many precedents have to be meticulously examined. Staunch adherents of Islam argue that, when it is God who has directly given the laws to be followed by humans, no human has the right to interpret them. The logical inference to all that is, there is no possibility of the format of jury finding its way into the Qatar legal system. In fact, it needs to be mentioned that the above-mentioned are just few of the countless examples that stress on the comparative rigidity of laws of Qatar – a rigidity that does not permit usage of a jury. More about legal system of Qatar When compared with the corresponding scenario of other gulf counties like Saudi Arabia, the laws of Qatar can be considered as being less stringent. But, the legal system of the country is not that liberal that the format of jury can get included in it. Introduction of jury signifies as being a very big transformation in the related state of affairs, and such a change does not conform to the views of the population, which is predominantly orthodox. Although the legal system of Qatar has become more liberal, over the past few years, yet, utmost care is exercised in making sure that the country’s laws never get excessively flexible. This subtly speaks about the predominant conservative nature of the society in Qatar. (9) The initial Article of Qatar’s permanent constitution proclaims that the religion of the country is Islam and the Sharia is the primary source for all the laws. The Article also emphasizes on the point that Qatar is included in the Arabic society, and that the official language of the nation is Arabic. (10) Qatar is a monarchy that is ruled by the Al Thani Dynasty, which started residing in the country in the initial part of the eighteenth century. As a matter of fact, another Article of the country’s permanent constitution declares that, only the male descendants of the Al Thani Family have the right to rule Qatar. In situations where no such male descendant is present, it is the Amir who has the power to name the heir apparent. (10) The contents mentioned in the last four paragraphs once again add strength to the primary argument of this write-up: the Qatar legal system is not at all conducive for having a jury system. The custom adhered to in Qatar is globally known as being extremely strict and rigid. All the people staying in the country mandatorily need to follow the stipulations and traditional injunctions. The obvious conclusion to this is that, as the entire population abides by the same customs and rules, the question of diversity does not arise. And it is this very diversity in population that is needed for successful implementation of the jury system. The primary objective of having a jury can be fulfilled only when all the jurors are from varying social backgrounds. For, only then would the jury be in a position to arrive at appropriate decisions, after considering the different inputs of varied profiles of jurors. But owing to the dominant custom-centric approach of the people of Qatar, there is simply no way in which people of different backgrounds can be identified. (13) When the overall scenario of the Globe is considered, it is seen that jury system has been successful only in democratic societies where, individual rights are given more importance than anything else. And it is but an incontrovertible fact that, when the scenario in such democracies is compared with Qatar, it needs to be candidly admitted that rights are not given that importance (in Qatar). It is seen that, even though Qatar is not totally averse to modernization, still, it is extremely cautious that it does not become too modern. This hints at the fact that the society in Qatar is not receptive to changes. And the introduction of jury system in Qatar is nothing short of a radical change. The subsequent section of this paper would be succinctly elaborating on the possible implications; if at all the jury system is incorporated into the country’s law. Implications of incorporating the jury system in Qatar First of all, it has to be admitted that it is extremely tough to be introducing the jury system in Qatar law. Even in case of the system (jury) finding its way into the legal realm of Qatar, it won’t be too long before it is discarded. This particular contention is not without a valid reason. The people of the land (Qatar) have been adhering to a law that is based on the Sharia, since several centuries. Because of that, there is no way in which they would welcome the jury system, which is something very drastic for the scenario of Qatar. Majority of the citizens of the nation revere Sharia as being the word of God. Hence, they would just not permit the entry of any new system that directly challenges the word of god, by speaking about referring to previous cases, etc. As stated in the previous section, for the jury system to be successful, it is indispensable that all the jurors hail from diverse social backgrounds, and it is this very diversity that cannot be found in Qatar. Because of that and in case of incorporating the jury, the chances of giving a right decision are very minimal, almost non-existent. The jurors would be giving more weight to the customs and rules to which they conform than the facts of the case. Also, there are high chances of the jury getting carried away by the emotions, while discussing the case, and thus reaching a wrong decision. Additionally, the fact that the population of the country is small is also a reason for which it is tough to find people from varying backgrounds. All these points lead to the obvious conclusion that, in the event of introducing the jury in Qatar, right judgments cannot be given in a major chunk of the cases. In addition, there are some highly powerful fundamentalist groups in Qatar. The chief objective of all these groups is to ensure that Sharia continues to be the dominant force in the Qatar’s legal system – a force that is not questioned by any man-made system. As a matter of fact, in the event of the jury format getting incorporated into Qatar legal system, these groups would leave no stone unturned in making sure that it (jury) is eliminated promptly. They (the fundamentalist groups) argue that the modern laws of the western societies totally contradict and disregard the principles of the Sharia, and hence they should not be followed. Here, there is no hesitation in stating that, attempts to bring in the jury would be facing stiff opposition in the country. There would be widespread political and social unrest in the country, and normalcy can be brought back only when the jury system is removed from the country’s law. (1) Here, a mention has to be made of the fact that in Qatar the Adlia courts, which are closer to the modern legal norms, handle various civil and criminal cases. On the other hand, the Sharia courts deal with matters such as inheritance, marriage, divorce and crimes in family, etc. As it is, the above-mentioned fundamentalist groups oppose the Adlia courts, as they follow the western laws, to some extent. In light of that, if the jury system is introduced, these groups would be opposing the move with even more aggression. The fact that this leads to many serious disturbances in the society imperiling the people warrants no special mention. (1) Conclusion This paper can be concluded with the comments that there is no compatibility between the Qatar legal system and the jury. Even the various trends of modernization witnessed in Qatar are not in favor of incorporating the jury in the law. It has to be stated that the country is essentially a conservative one ruled by a monarch. And in such an ambience, there is simply no way in which major changes like introduction of jury can be made. Based on the current state of affairs, it can be maintained that at least in the near future, there is no chance of the jury becoming a part of the Qatar legal system. The topic of this paper is an exhaustive one and it is just not possible to cover all its aspects in a brief write-up such as this one. Yet, a sincere attempt has been made to encompass the most salient of all the relevant points. Sources 1) A. NIZAR HAMZEH, Qatar: The Duality of the Legal System (January 1994), http://ddc.aub.edu.lb/projects/pspa/qatar.html. 2) Ahcuk, Doha Qatar and what a Nightmare (September 2010), http://ahcuk.blogspot.com/2010/09/qatar-duality-of-legal-system.html. 3) DiscoverAbroad.com, US Jury System (2001), http://www.discoverabroad.com/us/livingabroad/Law/USjurySystem.htm. 4) Michael Nystrom, Ron Paul on the Importance of America’s Jury System (May 17, 2007), http://www.bullnotbull.com/archive/paul-jury-1.html. 5) la.psa.edu, The Jury and Democracy Project (2001), http://www.la.psu.edu/cas/jurydem/background.html. 6) Mamta Badkar and Gregory White, Qatar Just Kicked Out Sharia Law Abiding International Banks (February 8, 2011), http://www.businessinsider.com/qatar-banks-sharia-law-2011-2. 7) archive.peninsulaqatar.com, Doha residents prefer to dress decently (July 9, 2008), http://archive.thepeninsulaqatar.com/component/content/article/349-qatar-newsarchive/89789.html. 8) qatarliving.com, New residency law for Qatar expatriates by 2010 (December 19, 2009), http://www.qatarliving.com/node/846483. 9) Stenden.com, Qatari Law (2011), http://www.stenden.com/en/stenden/Locations/qatar/aboutstateofqatar/Pages/Qatarilaw.aspx. 10) Ahmed Aly Khedr, A guide to Qatar’s Legal System (July 2009), http://www.nyulawglobal.org/Globalex/Qatar.htm. 11) LexisNexis, Jury Instructions (2011), http://law.lexisnexis.com/infopro/zimmermans/disp.aspx?z=1602. 12) R V ABDROIKOV, West Law Report (October 24, 2007), http://westlawreports.wordpress.com/category/jury/. 13) Compare Infobase Limited, Qatar Custom (2009), http://www.mapsofworld.com/qatar/people-culture-festivals/custom.html. 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