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Qatar
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
There appears to be no legislation in Qatar that addresses forced marriage.
Consent to marriage
Provisions requiring consent to marriage in Qatar are found in the Family law , section 13 of which states that the following conditions shall be required for the validity of offer and acceptance: Both must be borne of full consent in verbal pronouncements, idiomatically or customarily, indicating their understanding of the meaning of marriage. In case of the inability to speak, the law requires that the parties express the understanding of the meanings in writing or any form of acceptable communication. They must be uttered in full sentences denoting perpetual conjugal relation. The offer must remain valid until accepted. Acceptance must agree with and correspond to the offer expressly or by implication. There must be coextension of the contract meeting.
Servile marriage
There appears to be no legislation in Qatar that prohibits servile matrimonial transactions.
Marriage trafficking
Provisions related to marriage trafficking in Qatar are found in the LAW NO. (15) OF YEAR 2011 ON COMBATING TRAFFICKING IN HUMAN BEINGS which prohibits trafficking for practices similar to slavery at at Articles 2 and 14, with a potential penalty of imprisonment up to seven years and a fine not exceeding two hundred fifty thousand (250,000) Riyals.
Minimum age for marriage
The minimum age for marriage in Qatar is 16 for females and 18 for males, as set out on Article 17 of the 2006 Family Law. However, marriages of below these minimum ages are permitted with the approval of the guardian, verification of the consent from both parties and the permission of a competent judge, as set out on Article 17 of the 2006 Family Law.
Region
Asia-Pacific
Regional Court
Not party to a court
Legal System
Mixed
International Instruments
International Obligations
- Slavery
- Servitude
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- Asia Cooperation Dialogue
- Organisation of Islamic Cooperation
- Arab League
Legislative Provisions
AWAD REPORT
Paragraph 536
“Early in 1952…His Highness the Ruler of Qatar, Shaikh Ali Bin Abdullah Bin Jassim Al Thani, considering that slavery is forbidden in all civilized countries of the world, and that in practice is contrary to the principles of human dignity and social justice, and having full intention to ensure an equitable social system of life to all his subjects, issued a proclamation abolishing slavery in Qatar as from 10 April 1952.
This proclamation expressly declares that it is an offence punishable by law to buy, sell, import, export, give as a gift, or in any way dispose of or be a part of the disposal of any person as a slave or any person who is intended by that transaction to become a slave.
ENGEN REPORT
Paragraph 31
The slave-trade has been totally prohibited in Bahrain, Qatar and Kuwait… The proclamations issued in Bahrain [1937], Kuwait [1949] and Qatar [1952] are thought to have been completely effective.
PERMANENT CONSTITUTION OF THE STATE OF QATAR 2003
Article 18
The Qatari society is based upon the pillars of justice, charity, freedom, equality, and good morals.
Article 26
Ownership, capital, and labor are basic components for the State’s social entity. They are all individual rights having social function, regulated by law.
Article 36
Personal freedom is inviolable. No one can be arrested, or jailed, or searched, or having his residence confined, or having his freedom of residence or mobility restricted, except according to the provisions of the law.
No one shall be subjected to torture or humiliating treatment. Torture is a crime punishable by law.Qatar Constitution
LAW NO. (11) OF 2004 PENAL CODE
Article (318)
One is convicted to no more than ten years in prison in case of kidnapping, arresting, detaining or depriving a person from their freedom in contrast with the stipulations of the law.
The penalty is no more than fifteen years in prison in the following cases:
1- If the culprit wears a costume, holds a public employee’s badge, impersonates, or shows a fake order of arrest pretending that is issued by competent victim to commit adultery or crime authorities.
2- If the crime takes place by ruse, force or under duress, or by physical or psychological torture.
3- If the crime is committed by more than two people or an armed person
4- If the period of abduction, arrest, detention or deprivation of freedom exceeds fifteen days.
5- If the purpose of the deed is to get a ransom, to assault, hurt, oblige the
6- If the crime is committed on a public employee during or due to their duties.
7- If the victim is a woman, a minor, a crazy or a mentally unstable person.
The penalty is capital punishment or life imprisonment if the crime leads to the victim’s death.
Article (321)
One is convicted to no more than seven years in prison in case of entering or taking out of Qatar a person as a slave, or buying, selling, donating a person as a slave.
Article (322)
One is convicted to no more than six months in prison and to a fine of no more than three thousand riyals, or to one of these two penalties, in case of forcing a person to work with or without a salary. If the victim is under sixteen, the penalty is no more than six years in prison in addition to a fine of no more than ten thousand riyals, or to one of these two penalties.
Article (325)
One is convicted to no more than three years in prison and to a fine of no more than ten thousand riyals or to one of these two penalties in case of threatening others to hurt oneself or distort one’s reputation, or to hurt someone and distort their reputation whether orally or in writing or through deeds determining to hurt oneself or distort the reputation obliging the victim to do something or abstain from doing it. If it is a threat to kill, the penalty is no more than five years in prison.Qatar Penal Code
LABOUR LAW
Article 86
A Juvenile who has not attained the age of sixteen may not be employed in Work of whatever nature and shall not be permitted to enter into any of place of Work.Qatar Labour Law
QATARI LAW NO. (15) OF YEAR 2011 ON COMBATING TRAFFICKING IN HUMAN BEINGS
Article (2):
Whoever recruits , transports, submits, harbors, receives a natural person in any form, whether inside a state territory or across its national borders, through the use of force, violence or threat to use any of them or through abduction, fraud, misrepresentations or through the abuse of power or by exploiting a position of vulnerability or need or by promising to provide or receive of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation in whatever form, is committing the crime of trafficking in human beings.
Exploitation shall include the exploitation of the prostitution of others or any forms of sexual exploitation and sex trafficking of children, pornography or begging, forced labor or services, slavery or practices similar to slavery servitude or removal of human organs, tissues or parts of it, commits a crime of trafficking in human beings.
Article (3):
The consent of the victim of the crime of trafficking in human beings shall be considered as irrelevant where any of the means set forth in the above article have been used.
The use of the above mentioned means are not considered as prerequisite for the commission of the crime of trafficking in children or persons who lack capacity.
Article (13)
Without prejudice to any more severe penalty provided by another law, penalties provided by this law shall be applied.
Article (14)
A person who has committed one of human trafficking offences provided by Article (2) of this Law shall be punished by imprisonment for a period not exceeding seven (7) years and a fine not exceeding two hundred fifty thousand (250,000) Riyals.
Article (15)
A person who has committed an offence of human trafficking shall be punished by imprisonment for a period not exceeding fifteen (15) years and a fine not exceeding three hundred thousand (300,000) Riyals, in the following cases:
1- If the victim was a female, a child, an incapable person or a person with disabilities.
2- If the crime resulted in the death of the victim or caused him to suffer a permanent disability or an incurable disease.
3- If the perpetrator was a spouse, one of the ascendants or descendants, custodian or guardian of the victim, or has authority over the victim.
4- If the act was committed by threat of death, serious harm or physical or psychological torture; or by a person carrying a weapon.
5- If the perpetrator was a public employee or was assigned to carry out a public service and committed the crime by exploiting this capacity.
6- If the crime was committed by an organized criminal group and the accused person was one of its members.
7- If the crime was of a transnational nature.Qatar Trafficking in Persons Law (English)
DOMESTIC WORKER LAW 2018
Section 3
A domestic worker may not be employed other than by virtue of a labour contract, which is written and certified by the department, in three copies. One copy shall be handed to each party, and the third copy shall be deposited at the department.
Section 5
Recruitment from abroad of domestic workers of both sexes, under the age of eighteen years old or over the age of sixty, shall be prohibited. The Minister or person mandated by him/her, shall have the authority to exempt the maximum age limit from recruitment.
Section 8
An employer shall be responsible for paying the monthly wage in Qatari Riyals agreed upon with the domestic worker at the end of the month, or at the latest on the third day of the consecutive month. An employer shall not be considered as having met his/her duties unless he/she proves that he/she had deposited the worker’s wage in his/her bank account, or handed him /her the wage in cash, by virtue of a receipt signed by the worker, which confirms his/her receipt of the wage in full. An employer shall be prohibited from deducting any fees, expenses or commissions from a worker’s wage in return for the procedures of recruitment from abroadQatar Domestic Workers Law
LAW NO. (11) OF 2004 PENAL CODE
Article (321)
One is convicted to no more than seven years in prison in case of entering or taking out of Qatar a person as a slave, or buying, selling, or donating a person as a slave.
Article (322)
One is convicted to no more than six months in prison and to a fine of no more than three thousand riyals, or to one of these two penalties, in case of forcing a person to work with or without a salary. If the victim is under sixteen, the penalty is no more than six years in prison in addition to a fine of no more than ten thousand riyals, or to one of these two penalties.
QATARI LAW NO. (15) OF YEAR 2011 ON COMBATING TRAFFICKING IN HUMAN BEINGS
Article (2):
Whoever recruits, transports, submits, harbors, receives a natural person in any form, whether inside a state territory or across its national borders, through the use of force, violence or threat to use any of them or through abduction, fraud, misrepresentations or through the abuse of power or by exploiting a position of vulnerability or need or by promising to provide or receive of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation in whatever form, is committing the crime of trafficking in human beings.
Exploitation shall include the exploitation of the prostitution of others or any forms of sexual exploitation and sex trafficking of children, pornography or begging, forced labor or services, slavery or practices similar to slavery, servitude, or removal of human organs, tissues, or parts of them, which commits a crime of trafficking in human beings.
Article (3):
The consent of the victim of the crime of trafficking in human beings shall be considered irrelevant where any of the means set forth in the above article have been used.
The use of the above-mentioned means is not considered a prerequisite for the commission of the crime of trafficking in children or persons who lack capacity.
Article (13)
Without prejudice to any more severe penalty provided by another law, penalties provided by this law shall be applied.
Article (14)
A person who has committed one of the human trafficking offences provided by Article (2) of this Law shall be punished by imprisonment for a period not exceeding seven (7) years and a fine not exceeding two hundred fifty thousand (250,000) riyals.
Article (15)
A person who has committed an offence of human trafficking shall be punished by imprisonment for a period not exceeding fifteen (15) years and a fine not exceeding three hundred thousand (300,000) Riyals in the following cases:
1. If the victim was a female, a child, an incapable person, or a person with disabilities.
2: If the crime resulted in the death of the victim or caused him to suffer a permanent disability or an incurable disease.
3: If the perpetrator was a spouse, one of the ascendants or descendants, custodian or guardian of the victim, or has authority over the victim.
4: If the act was committed by threat of death, serious harm, or physical or psychological torture; or by a person carrying a weapon.
5: If the perpetrator was a public employee or was assigned to carry out a public service and committed the crime by exploiting this capacity.
6: If the crime was committed by an organized criminal group and the accused person was one of its members.
7: If the crime was of a transnational nature.
Qatar Trafficking in Persons Law (English)-English-PDF.
FAMILY LAW 2006
Article 9
Marriage is a legitimate contract between a man and woman on the basis of sustainability, and its aim is cohabitation and securing chastity
Article 13
The following conditions shall be required for the validity of the offer and acceptance:
Both must be borne of full consent in verbal pronouncements, idiomatically or customarily, indicating their understanding of the meaning of marriage. In case of the inability to speak, the law requires that the parties express their understanding of the meanings in writing or any form of acceptable communication.
They must be uttered in full sentences denoting perpetual conjugal relations.
The offer must remain valid until accepted.
Acceptance must agree with and correspond to the offer, expressly or by implication.
There must be coextension of the contract meeting.
Article 17
Males are not allowed to enter into marriage contracts before the age of eighteen (18). Females are not allowed to enter into marriage contracts before the age of sixteen (16). All marriages of males and females over the age of eighteen (18) and sixteen (16), respectively, shall only be allowed after the approval of the guardian, verification of the consent from both parties to the contract, and the permission of a competent judge.
Article 26
The matrimonial guardian shall be the father, then the ancestor grandfather, the son, the full brother, the paternal half-brother, the full uncle, and then the paternal uncle, respectively. The guardian shall be a male of sound mind, mature, not in the state of ritual consecration (Ihram) for (Hajj or Umrah), and a Muslim if the guardianship is for a Muslim woman.
Article 27
If matrimonial guardians are two and equal in relationship, either of them may conclude the marriage in accordance with its conditions.
If the contract is concluded by a distant guardian while the closest guardian is present, the marriage shall be valid, unless the closest guardian is the father. In that case, the contract shall only be concluded with the approval of the father. The father has the right to annul the marriage if he does not approve the marriage contract. In this case, the judge shall decree as may be deemed suitable in the circumstances and for the requirements of interest.
Article 28
A guardian of a woman shall conclude her marriage with her consent.
Article 29
Subject to the judge’s permission, the distant guardian shall conclude the marriage in the following two cases:
If the woman’s closest guardian prevented her from marriage, or if there are several guardians of the same degree who have all withheld their approval or disagreed among themselves.
If the close guardian is absent and the judge is of the opinion that waiting for the view of the absent closest guardian may adversely affect the marriage,.
Article 30
The judge shall act as a guardian to all those without guardians. The judge may not marry himself to a woman under his guardianship.
Article 50
A proper marriage shall be the marriage that meets its preconditions and conditions without any legal disabilities and shall give rise to its full legal effects on conclusion.
Article 51
An invalid marriage shall be the marriage that fails to fulfil one of its conditions and shall give rise to no legal effect before consummation.
Article 52
A void () marriage shall be the marriage that fails to fulfil one of its preconditions and shall not give rise to any legal effects.
Article 56
The mutual rights of spouses:
Freedom of sexual union in accordance with Sharia.
Protection of the chastity of each by the other.
Lawful cohabitation.
Good company, mutual respect, kindness, intimacy, and conservation of the family’s welfare.
Caring for, nurturing, and raising the children to ensure their best development.
Mutual respect by each to the parents and relatives of the other.
Article 57
Rights of the wife as against her husband:
Dowry.
Legal support or maintenance (permanent alimony).
Permission to exchange friendly visits with her parents and relatives.
Nonintervention in her private property.
Refraining from hurting her physically or morally.
Equal treatment to the other wives in the case of polygamy.
Article 58
Rights of the husband as against his wife:
Take care and obey him.
Look after her and his property well.
Look after the household and regulate affairs thereof.
Take care of his children and breastfeed them, unless there is a legal disability.
Article 68
The husband shall allow his wife to complete her compulsory education and facilitate continuation of her university education within the state, provided that this shall not conflict with her family duties.
Article 69
The wife shall be considered disobedient so as to be disentitled to marital support in the following circumstances:
If she refuses to surrender herself to the husband or to move to the marital home without legitimate reason.
If she leaves her marital home without a legitimate reason.
If she prevents the husband from entering the marital home without a legitimate reason.
If she refuses to travel with her husband when moving to another dwelling without a legitimate excuse or if she travels without his permission.
If she works outside the home without the permission of her husband, unless he is abusing his right by preventing her from working.