BUSINESS LAW AND ETHICS

1-2
INTRO TO BUSINESS LAW
AND THE QATARI LEGAL
SYSTEM
DR. RAFAEL DEAN BROWN
CLINICAL ASSOCIATE PROFESSOR OF LAW
 WEEK 1

01. Introduction and Overview

02. Intro to Business Law and the

Qatar Legal System
 Today’s Class
Intro to Business Law and Qatar Legal System
 What is law?
 Legal Philosophies, Legal Traditions, Legal Systems
 Areas of Law
 Qatar Structure of Government and Legal System
What is law?
law
a set of rules created under the
authority of government
What is the difference
among these three?:

rule
law
regulation
 RULE / LAW / REGULATION
rule
a principle governing conduct or activity

law
a rule created by government

regulation
a specific rule created by an agency or ministry
 Law or Custom

How does law differ from custom?

 IS IT KNOWABLE?

How do we know what is the law?

Why is it important to know what the law is?

Is not knowing the law an excuse to its

enforcement?
IS IT ENFORCEABLE?

Custom

Rule

Regulation / Law
Who enforces the law?
 ENFORCEMENT
individual enforcement
Individuals and legal persons can enforce legal
rights via a judicial (court) system

governmental enforcement
A public authority ‘executive’ can serve an
enforcement role.
Who interprets the law before
it can be enforced?
 LEGAL PHILOSOPHY

Do judges and legal scholars have the

same theory or philosophy about the
law?
 LEGAL PHILOSPHY
Natural Law Theory
law comes from nature, and merely discovered by man

Positivism
law can be verified, and is binding

Legal Realism
law permissive only, and is shaped by experience,
politics, economy, and social factors
LEGAL TRADITIONS AND SYSTEMS

Are legal traditions and legal

systems universal?
LEGAL TRADITIONS AND SYSTEMS

What are the different

legal systems?
LEGAL TRADITIONS AND SYSTEMS

Sharia Islamic Law Civil Law Common Law

Mixed System Merchant Law Customary Law

(Lex Mercatoria) (Law of Nations)
 Which of these can be found in Qatar?

Sharia Islamic Law Civil Law Common Law

Mixed System Merchant Law Customary Law

(Lex Mercatoria) (Law of Nations)
 LEGAL SYSTEMS

How do civil law and common

law differ?
 COMMON LAW v. CIVIL LAW SYSTEMS

SOURCES OF ROLE OF ROLE OF

LAWmade
legislative JUDICIARY
applies the law PRECEDENT
persuasive only
v. v. v.
judge made interprets the law binding
v.
creates law
 DIFFERENT AREAS OF LAW

Public Law
law that relates to or affects the public in some way
(constitutional or criminal law)

Private law (‘civil law’)

law that is more immediately concerned with the
individual parties involved in a dispute (i.e. contract
law)
 CONSTITUTIONAL LAW (PUBLIC)

organize the entity and the structure of the state

The ‘political rule book’ of the state

1. The Legislature exercised by the Parliament (Advisory

Council);
2. The Executive exercised by the Head of State, the chief of
government and ministers and
3. The Judiciary exercised by the different courts.
 ADMINISTRATIVE LAW (PUBLIC)

It comprises the legal rules which organize the public bodies and services
i.e. issuing a drivers license

Define the status of the public employees, and govern the relations between
the different public bodies and services and their relations with private persons

Traffic department official vs applicant

lay down the process of administrative disputes settlement.

 OTHER PUBLIC LAW AREAS
Criminal law
○ Criminal Law defines the actions and omissions which
constitute crimes and the punishment of each crime.

Public International law

○ The rules that govern the relations between states and other
entities with international personality (UN, ICJ, GCC)
○ Not enforceable rules unless enacted into domestic law
(treaties) or the UN approves actions
QATARI LEGAL SYSTEM
 History
 Constitution
 Branches of Government
 Executive
 Legislative
 Judicial
BRIEF HISTORY OF QATAR
 Founder of Modern Qatar –
Sheikh Jassim bin Mohammed Al Thani
 Independence 1971
 Ottoman and British influence
 Legal system reflects legacy and
history
 QATARI CONSTITUTION
• Adopted in 2003 by referendum
• Effective since 2004
• Provides the political and governmental framework for the country
• Officially grants all Qatari Citizens equality before the law ‘rule of law’
• Several rights and freedoms are also contained in the document
What is separation of powers?
 Is there
separation of powers
in Qatar?
 SEPARATION OF POWERS

• Executive – Office of the Emir and Council of Ministers

• Legislative – Al Shura Council
• Judicial – Supreme Judicial Council and Courts
 OFFICE OF THE EMIR
• Head of state
• Commander of armed forces
• Representative of Qatar inside and outside the country
• Constitution provides must be from the Al Thani family
• Constitutional Monarchy – so in theory bounded by the constitution
 AL SHURA COUNCIL
• 45 members (30 elected) 15 appointed
• Draft laws, review laws from cabinet
• Question or recall ministers (even remove ministers)
• Every law must be ratified by the Emir
• Shura Council and Elections
 COURTS
Civil Courts – Higher, Lower
Criminal Courts – Higher and Lower Criminal Court
Labour Court – Labour disputes
Shar’ia Courts – Family issues involving Muslims
Court of Appeal – Can hear appeals from both the civil and criminal courts.
Court of Cassation – final court of appeal, Constitutional Court Division
Supreme Constitutional Court – No established yet

QFC Courts – Qatar International Court and Regulatory Tribunal

 READING FOR NEXT WEEK
FOR MONDAY
Read Class Activities before class (See
Blackboard Class Activities folder)

FOR WEDNESDAY
Read Reading Lecture 2: Contract Law Under
the Civil Code (See Blackboard Reading
folder)
QUESTIONS?
rbrown@qu.edu.qa