Qatar – 2014 results

The minimum legal age of marriage in Qatar is 18 for males and 16 for females under Article 17 of the Family Act (2006).^[7] A woman is free to choose her own spouse, but the written consent of either her male guardian or a sharia judge is required.^[8]A girl may marry below the age of 16 with the consent of both her guardian and a judge. In terms of early marriage, data from 2010 reported by the UN indicate 9.8% of girls aged 15-19 were married.^[9]Muslim women do not have the right to marry outside the faith, although Muslim men are free to marry Muslim, Christian, and Jewish women.^[10]

In terms of parental authority, in Qatar, a male is the legal guardian of children.^[11] He is expected to take financial responsibility for them, with duties and responsibilities for their financial affairs, education, travel, and other areas where they may meet the public world outside the home.^[12]

Mothers, provided they are Muslim, are favoured for physical custody of young children in the case of divorce. Under the law, the custody extends to when boys reach 13 years-old and girls reach 15 years-old, while allowing for extension to 15 years-old for boys and until a female’s consummation of her marriage, if it is in the interest of the child. In deciding the child’s interests, the judge is instructed to consider several issues, including the custodian’s affection for the child; ability to raise him or her; ability to provide the child with the best education, medical care, and protection from delinquency; and ability to impart morals and customs to the child.^[13] A mother who has been granted custody has the right to child support.^[14]Under the law, a mother loses her right to custody if she remarries a man who is not a close relative of the child; however, a judge may allow custody to remain with the mother in such cases if it is deemed in the best interest of the child. A non-Muslim mother may be granted custody until the child is seven years-old, provided she does not renounce Islam and there is no fear that the child will acquire a non-Muslim religion while in her custody.^[15]

Women do not have equal inheritance rights in Qatar, as inheritance is governed by sharia law, which allows women to inherit half what a similarly situated male relative would receive (e.g. daughters receive half the amount that sons receive).^[16]

Men in Qatar have the right to divorce (repudiate) their wives unilaterally for any reason, although judges are instructed to attempt reconciliation of the couple prior to hearing the husband’s divorce pronouncement. Still a repudiation pronounced out of court can be established by means of acknowledgement or proof.^[17]Women’s rights to divorce are restricted. They can obtain a divorce if they can prove to a court that their husband has failed to uphold his marital duties (e.g. by providing insufficient financial support, or by deserting her). Alternatively, they can request the court to grant a khula divorce, although this entails renouncing all future financial support and the women giving up her dowry.^[18] Even in such cases, courts are instructed to seek the consent of the husband. If he does not give his consent, it is mandatory that the couple attempt to reconcile before the court will consider issuing the divorce.^[19] According to Freedom House, divorced women are stigmatized more than divorced men and are considered less desirable to male suitors, potentially limiting their ability to remarry.^[20]