Introduction : The Islamic system of law

In general, Gulf states operate as largely patriarchal societies, headed and administered by ruling families, whose aim is to maintain the status quo while moving towards increased democracy (although in many cases the authorities seem to follow the old adage: ‘If it ain’t broke, don’t fix it’).

The Islamic system of law, known as Sharia (or Shari’a or Shariah), derives from four sources: the Holy Koran (Qu’ran), Sunnah, Ijma and Qiyas. The Holy Koran, being the word of God (Allah), is the principal source. The Sunnah comprises the accepted deeds and statements of the Prophet Mohammed, accepted by the whole Islamic world (the Ummah). Ijma is a consensus among religious scholars (the Ulema) regarding solutions to matters not specifically covered in either the Koran or the Sunnah. In difficult cases, where there’s no information to provide the basis for a clear decision, ‘analogous consideration’ (Qiyas) is applied in conjunction with the three other sources of the law.

In Sharia law, as in other legal systems, a person is presumed innocent until proven guilty. The plaintiff and defendant are equal before the law – i.e. in a court of law – and it’s incumbent upon the former to provide proof of guilt. This involves producing two or four eyewitnesses, depending on the seriousness of the crime. If a plaintiff isn’t able to produce eyewitnesses, he can insist on the defendant swearing an oath as to his innocence. If the defendant refuses to take this oath, he’s judged to be guilty, as perjurers suffer hellfire and eternal damnation according to Muslim belief. Jews and Christians swear a different oath, but it has equal validity. A judge (qadi) presides over the court and can put questions to all parties at will. There are no juries and often no lawyers to present the case for their clients. There are systems of appeal, which can be used in cases of serious crime and punishment.

According to ancient law, the payment of ‘blood money’ (diya) for injury or death can be requested by the victim’s family as compensation. The amount of blood money required varies between the states (it’s most likely to be exacted in Kuwait, Saudi Arabia and the UAE) and according to the circumstances of the death and to the extent of the hardship that the death will cause. For example, the death of a father of 12 would attract a larger payment than that of a child. A local Muslim’s life will be assessed for a larger financial benefit than people of other religions, faiths or nationalities. For example, in Saudi Arabia, a male Muslim’s life is worth SR100,000 (around $24,000), but Christians are worth only around half as much. And if the incident occurs in the Holy month of Ramadan, the penalty is usually doubled.

Under Islamic law, the crimes that carry defined penalties are murder, apostasy (rejection or desertion of Islam), adultery, fornication, homosexuality and theft. Interpretations of the law and punishments vary from state to state. Lesser offences might include debt, usury, alcohol and drug abuse, and use of pornography.

As an expatriate, you’re subject, of course, to the laws of the country you’re in. If you’re thought to have broken a law, you’re taken under arrest to a police station, questioned and instructed to make a statement. Up to this point, it’s highly unlikely that you will be allowed access to outside help, either legal or consular. If the offence is deemed serious enough to warrant your detention, you might have to wait some time before your case comes up. You will be allowed legal representation, but everything will be conducted in Arabic. Your statement will be translated into Arabic, and it’s important to insist that an appropriate official, e.g. a member of staff from your consulate, checks the accuracy of the translation and the content of anything you’re required to sign. If no one is available to do this, you should refuse to sign, or sign with an endorsement to the effect that you don’t have a clear understanding of the document.

In court, an interpreter will be present to assist you and an official from your embassy or consulate is likely to be present, although only as an observer. If you’re found guilty, the judge will sentence you and ask for your written acceptance of the sentence, unless you want to appeal. Appeals obviously go to higher courts, depend a great deal on the severity of the accusation and sentencing, and can take time. In very serious cases, political influence might be brought to bear on your behalf, provided that your country has sufficient influence, but this is rare. Having influence with a person in authority can be of help to you, although expatriates rarely have such influence. Locals, on the other hand, may be able to petition their ruler to seek his guidance and help. In minor cases, your employer might intervene to help, particularly if you’re valuable to him, as long as he won’t lose face.

If you’re unfortunate enough to be given a custodial sentence, this is intended as a punishment rather than rehabilitation. If you’re found guilty of a serious crime, you may find yourself in a hot, overcrowded prison, where treatment is often harsh and you might have to witness the punishment of others, including their flogging.

Ignorance of the law isn’t accepted as anexcuse before the law, so it’s as well to acquaint yourself with the laws of the country that you choose to live in.

Non-Muslim expatriates sometimes regard Sharia law as unbending and overly punitive, which it often is by western standards – and for good reason. Expatriates are largely expendable commodities and, if you’ve engaged in criminal activity, you’re sent home after punishment.

Kuwait’s legal system is based on Sharia law, Egyptian practice, English law and elements from the Ottoman system. Sharia courts deal mainly with personal and family issues. An appeal system is in place, culminating with the Emir.

Marriage & Divorce

All you need to know about Muslim marriages

Although Gulf Arabs are entitled to marry as soon as they reach puberty, the average age at which people marry has increased considerably in recent years, to around 20.

Traditionally, the ideal marriage was tribal, related families encouraging their offspring to marry cousins or other relatives in

order to increase and strengthen the tribe, or occasionally to marry into another tribe in order to heal rifts between families. Another reason for such marriages was that families knew the background of the partner.

As is the case in some Latin countries, young couples in the region are allowed to meet under the watchful eye of a chaperon. In some of the stricter Gulf societies, however, the marriage is arranged without any part of the female partner’s body (including her face) having been seen by the prospective groom, who must rely on the reports of his female relatives as to his wife’s appearance.

There are three main elements in an Arab marriage. First, the groom must discuss and agree the dowry with the bride’s father. This might include gold, jewellery and clothing and is usually of considerable value. After the dowry settlement comes the actual marriage contract, which is conducted by a legal or religious representative. The bride is asked in the absence of the prospective groom if she agrees to the marriage and this question is then put to the groom.

After agreement, the groom joins hands with his future father-in-law and, with two witnesses present, the marriage becomes official. However, there’s another stage before the couple actually meet as man and wife: the wedding party. Celebrations are segregated, with the women in one section of the house and the men in another. Finally, on the last night of celebrations, the couple meet, accompanied by all their friends, and eventually leave on their honeymoon. On their return, they either set up home with the groom’s parents and become members of the extended family or – as is increasingly the case – set up home by themselves.

According to Sharia law, a Muslim man may have four wives, provided that he can look after them materially and treats them equally. This practice is now dying out, however, not only because only a few can afford it, but also because women are becoming more independent and assertive and many refuse accept it. In fact, a Muslim woman can insert a clause in the marriage contract that restricts her husband from marrying another woman for as long as the contract is valid.

The wife also retains her own name after marriage. Although gender roles have always been clearly defined in the Islamic world, with the man as ‘provider’ and the woman as ‘nurturer’, both man and wife are increasingly going out to work, although this is much less common in Saudi Arabia, where there are restrictions on women working, except in culturally ‘acceptable’ occupations such as medicine and teaching. However, many Saudi men are reluctant to marry doctors and nurses, who have been exposed to male bodies.

A man can divorce his wife simply by saying ‘I divorce you’ three times. He can rescind the divorce if this was done in the heat of the moment, but only if the wife agrees (and only on three occasions!). On the other hand, even if a wife has good reason to seek a divorce (e.g. if her husband has been unfaithful, abused or deserted her, or engaged in criminal activity), she must go to a court for the case to be heard. The husband must maintain a divorced wife and any children from the marriage if the wife is unable to support herself. He can claim custody of any sons when they reach the age of ten. A female divorcee usually returns to her family, and few remarry.

Although a Muslim woman may not marry a non-Muslim man unless he converts to Islam, the reverse isn’t the case. However, non-Muslim women are often pressurised into converting, and there have been many cases of foreign women marrying Arabs and then discovering that the local culture and lifestyle are unacceptably restrictive. It should also be noted that, in the event of the breakdown of such a union, the children are usually kept by the husband in his home country.

Expatriate workers can usually be married in the Gulf, provided that they meet the civil and religious requirements of their home country. Embassy and consulate staff sometimes perform civil marriage ceremonies, again provided that certain requirements are met.

Religious ceremonies can be arranged, but only in countries that allow churches or similar non-Muslim places of worship. This isn’t the case in Saudi Arabia. If people of different nationalities marry, the authorities sometimes scrutinise the circumstances to ensure that marriages of convenience aren’t taking place in order to circumvent immigration requirements.

Embassy, consular & legal assistance

Where to obtain legal information

The embassy or consulate of your home country can provide legal information and other assistance and it’s wise to register with it on arrival in the Gulf – so that it has a record of your presence, if nothing else.


If you fall foul of the law while in the region, you must notify your embassy or consulate as soon as possible. If you’re held by the police, a representative of the embassy or consulate will visit you and liaise with your relatives, although he will be unable to provide or pay for legal advice or assistance and you shouldn’t expect to be ‘bailed out’, as your individual plight might be considered of little importance. Note also that embassies and consulates won’t intervene in any dispute between an employee and his employer.

In the event of a serious accident or illness, the embassy or consulate will contact your doctor in your home country and help to arrange repatriation if necessary, although again it won’t pay for this or other medical assistance, except perhaps in extreme circumstances; even then, you will be asked for security against the ‘loan’ and will have to pay a stiff surcharge in addition to repaying the loan itself. In extreme situations (such as that which arose in Kuwait when it was invaded by Iraq), the embassy or consulate might be called upon to evacuate its citizens.