The Rule of Law

Basic Statute of the State

This most important piece of legislation was enacted in 1996. The purpose of the Basic Statute of the State, is to provide a force for political and social stability, while at the same time guaranteeing the rights and freedoms of the individual. Besides laying down a procedure for the successor to the throne, the Statute provided for the formation of a State Council, which with the Majlis al-Shura now forms the Council of Oman. It is a comprehensive document defining the role of Government and the judiciary, as well as laying down the policy of the State towards the economy, security, education and social development of the nation.

The Public Prosecutor's Office

Royal Decree 92/99, promulgated in November 1999, establishes an independent Prosecution Service in accordance with the Basic Statute of the State. The new organisation to be implemented shortly will be headed by a public prosecutor, who for the time being will be responsible to the Inspector-General of Police & Customs.

Under the current system the Directorate-General of Public Prosecutions has offices in each of the Regional Headquarters and brings cases before the criminal courts as appropriate. There are two prisons in Oman, where those convicted of serious crimes are sent, in Salalah and at al-Manoumah on the Batinah Coast. Given the low crime rate one prison would suffice, but consideration is given to the families who would have to travel long distances to visit their relatives in prison if there was only one such establishment for the whole country. A new prisons' law was issued by Royal Decree in 1998, which stipulates rules for the treatment and discipline of prisoners. Education and vocational training are to be given and wages paid to prisoners who are capable of work. Prisoners who have served four years or more of their sentence are given rehabilitation training to reintegrate them into society. There are no political prisoners in Oman.

Regulation of the Legal Profession

In May 1997, in accordance with the Royal Decree 108/96 regulating the Legal Profession, the Ministry established a committee under the chairmanship of the Undersecretary to regulate the activities and appearances in court of both Omani and non-Omani lawyers.

The Law is studied at the College of Sharia and Jurisprudence, which runs a three-year course. Having completed this course, students may be employed in the Ministry or in the courts, but can go on to specialise in Sharia Jurisprudence in order to qualify for appointment as a deputy judge in one of the courts. Preparations are being made for a higher institute for training judges to be established during the next Five -Year Plan in 2001.

Justice

In his address to the people of Oman on National Day 1997, His Majesty reiterated the importance of the Basic Statute of the State which was promulgated by Royal Decree 101/96. In November 1998, His Majesty again referred to the Basic Statute as a way forward for domestic harmony and a means of avoiding conflicts in society.

Basic Statute  

The Basic Statute of the country establishes a legal framework for the Sultanate on which all future legislation will be based. An important aspect of this legislation is the reform of the criminal justice system which is now taking place. His Majesty has made clear his intention to organise the judiciary along modern lines to meet the demands of the 21st century. This includes the establishment of a supreme court to protect the collective and individual rights of the people of Oman.

Royal Decree 84/97 separated the Ministry of Justice from the Ministry of Justice, Awqaf and Islamic Affairs, which was renamed Ministry of Awqaf and Religious Affairs.

The principles derived from the Sharia law are the basis for all laws in Oman, but in recent years, separate bodies have been established to deal with matters like arbitration in civil and commercial disputes to which Sharia law cannot always be applied. The Sharia law remains the basis for family law and deals with such matters as divorce and inheritance. In June 1997, the Personal Status Law was promulgated by Royal Decree 32/97 with the aim of unifying judgments on matters like marriage and divorce, which had been open to differing interpretations under the existing customary laws. The Personal Status Law stipulates that no man or woman under the age of 18 shall be forced to marry without his or her consent and that having reached that age there is freedom of choice in marriage subject to certain conditions.

The Ministry of Justice represented Oman at an international symposium on the Islamic view of the international declaration of human rights convened in Geneva in November 1998 by the Islamic Conference and the UN Commission for Human Rights.

Development of the Legal System

In November 1999, four Royal Decrees, 90, 91, 92 and 93/99 were issued which make fundamental changes to the legal system in line with the provisions of the Basic Statute. These four Royal Decrees demonstrate the commitment made by His Majesty to reforming the Judiciary into an independent and reliable legal system.

Courts of Law

Royal Decree 90/99 which came into force in June 2000 establishes four levels of courts in Oman:

- Supreme Court

- Appeal Courts

- Preliminary Courts

- Courts of Summary Jurisdiction

These courts will hear all criminal, civil and commercial cases, but personal matters will continue to be referred to the Sharia courts. The Commercial Court will continue to function as before during the period of transition to the new courts.

Royal Decree 91/99 establishes the Administrative Court which is an independent judicial body with the power to review all decisions made by Government bodies. The purpose of the Court is to prevent the misinterpretation or misuse of authority. Administration of this Court comes under the Diwan of Royal Court.

Royal Decree 92/99 sets up the Public Prosecution Authority, which is an independent body under the supervision of the Inspector General of Police and Customs. Its functions are to act in criminal cases on behalf of the public, to monitor the enforcement of the penal code, the surveillance of culprits and the enforcement of judgements.

Royal Decree 93/99 establishes the Supreme Judicial Council, which will formulate the general policy of the Judiciary and ensure its independence and further development. The Council convenes under the chairmanship of His Majesty the Sultan.

Extradition

Royal Decree 4/2000 stipulates the handing over of criminals to the country demanding their extradition. Extradition of a person granted political asylum in the Sultanate is excluded and Omani citizens cannot be extradited.

Death Penalty

In 1998, a committee comprising the State Advisers for Justice and Penal Affairs and the Grand Mufti of the Sultanate was formed by Royal Decree to give a religious opinion on death sentences before they are issued and approved.

Wards of Court

The Ministry is responsible for safeguarding the finances of orphans and has established a department to deal with such matters. The money coming to orphans through inheritance is properly invested for their future. To this end the Ministry has, over the years, purchased residential and commercial buildings in Muscat and Muttrah. This has added substantially to the value of the funds held on behalf of orphans.

Legal Affairs

In 1975, the Diwan of Legislation was formed to review all laws and to draft Royal Decrees, international agreements and government contracts. In 1994, the Ministry of Legal Affairs was established to match the legal framework of the State with the development and progress seen throughout the Sultanate. The Ministry is responsible for the preparation of Royal Decrees and for reviewing all draft laws, regulations and Ministerial Decisions before they are promulgated and published in the Official Gazette. In March 2000, the Ministry published the 28th Legislative Volume, which includes all Royal Decrees, Ministerial Decisions and Government circulars issued during 1999. For the first time it has been issued in two parts. The first part includes the Royal Decrees and the second part Ministerial directives, financial circulars and other administrative documents. An attachment to this volume gives complete references to all public appointments since 1972. In April, the Ministry issued the fourth edition of its annual legal principles series. This edition includes some of the most important legal opinions issued in 1999 along with the principles upon which these opinions were based.

The Ministry issues the Official Gazette and gives legal opinion and advice to the Government on the interpretation of Royal Decrees and Laws and any other matter referred to it by His Majesty the Sultan. Another important responsibility is the scrutiny of any contract committing the Government to expenditure of over RO500,000.

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