A Quick Look at the Islamic Legal System
Expatriates taking up Gulf jobs have some major transitions to navigate. A new culture, a new climate, a new home – each and every one of these requires an appreciable degree of adjustment. But one area which it would be wise to be well informed about before stepping in to your new Qatar job or Dubai IT job is the new legal system you’ll be entering. The Islamic system of law (known as Sharia Law) shares with other legal systems the presumption of innocence. But there are some very important differences, too.
All cases are presided over by a judge (or ‘qadi)’ – there are no juries – and both plaintiff and defendant can be asked questions by him in order to determine guilt or innocence. The plaintiff must establish proof of guilt, and generally is required to produce two to four eyewitnesses (the number depends on the seriousness of the alleged wrongdoing). In the absence of eyewitnesses, the qadi may require the defendant to undertake an oath of innocence; refusal to do so will be regarded as proof of guilt. Visitors from Western countries to Gulf States need to be aware that these largely patriarchal societies do not yet share the same degree of sexual liberalism as Westerners may be accustomed to: homosexuality, adultery and ‘fornication’ each carry fixed, and frequently severe, penalties, as indeed do theft, murder and ‘apostasy’ (deserting or rejecting Islam). Lesser penalties are issued for drug and alcohol consumption, debt and usury or viewing pornography – but all are considered illegal. As in Western countries (only more so), ignorance of the law is not considered a defence – it’s advisable to be very familiar with the specific laws of the Gulf country you are about to enter.
Posted August 3, 2010 by jobplan under Dubai, Gulf Jobs, Qatar