DOHA: Even seven years after Qatar’s Family Law was put into force, there are no supportive Rules of Procedure to help implement its provisions, says a prominent lawyer.
The result is that family disputes involving divorce, custody of children and maintenance claims by divorced women linger in the courts for years.
“We urgently need rules of procedure without which disputes cannot be resolved and the courts will continue to have huge backlogs,” said Yusuf Al Zaman.
He said it was strange that the new Family Law was issued in 2006 (Law No. 20) but so far Rules of Procedure haven’t been framed and implemented.
“The Family Law without rules of procedure is like a train without an engine,” the lawyer told the local daily Al Raya in comments published yesterday.
A procedures code consists of rules by which courts conduct trials. It is different from substantive law which defines the rights and duties of the parties involved in a dispute. A procedural system, called rules of procedure, provides the mechanism for applying substantive law to disputes.
Al Zaman said in the absence of Rules of Procedure, courts depend on Rules of Procedure of other law, like personal law, Shariah law and civil and commercial laws.
The absence of Rules of Procedure in respect of Family Law means that cases like divorce, custody of children and maintenance claims by divorced women drag in the courts for months, sometimes years.
Courts keep adjourning hearings. “This is creating a lot of bitterness among couples and families involved in disputes. Quick disposal of cases would not let it happen,” said the lawyer.
The Cabinet has approved draft Family Law Rules of Procedure and referred it to the Advisory Council for review and recommendations.
Former Central Municipal Council member and lawyer, Abdul Rahman Al Jefairi, said a lot of people take undue advantage of the absence of Family Law Rules of Procedure and look for pretexts to get hearings adjourned.
These are the parties to a dispute who benefit if the case takes time to decide, said Al Jefairi. “We need Rules of Procedure for the Family Law at the earliest.”
The Peninsula
