Guidance

Family law in Qatar

Published 22 October 2024

This is a guide to family law topics in Qatar, such as marriage, divorce, child custody and inheritance. Qatar has an extensive legal framework to protect families, including Family Law No. (22) of 2006. All Muslims, regardless of nationality, are subject to Sharia law.

Marriage

Marriage in Qatar is a legally recognised contract between a man and woman. To prove you are married, you must have a formal legal contract. In some cases, a judge may accept other evidence as proof of marriage.

In Qatar, a marriage contract is valid if:

• both partners are free from disabilities and have full mental capacity – there is no specific list of disabilities, but they often relate to permanent or total disabilities which limit one’s ability to learn, rehabilitate or work
• both partners consent
• for Muslim marriages, the woman’s guardian meets the Family Court’s legal requirements
• for Muslim marriages, 2 Muslim males of sound mind witness the marriage, having heard the offer and acceptance and understood that marriage is intended

Both partners must give spoken consent showing they understand the meaning of marriage. If you cannot speak, the law requires you to give written consent or to use another form of acceptable communication such as sign language.

Legal ages

The legal age for marriage is 18 for men and 16 for women.

Marriages between non-Muslims and Muslims

A Muslim man can marry a non-Muslim woman if she is of the Christian or Jewish faith. A non-Muslim man must convert to Islam to marry a Muslim woman.

Muslim marriages

The Qatar Family Court performs Muslim marriages.

To get married at the family court, you must get medical tests to rule out any infectious diseases, blood disorders or any other diseases you could pass to children.

The groom, bride, her guardian and both witnesses must be at the marriage ceremony. If the guardian is not available, the judge will act as the guardian, and the court will appoint witnesses.

Non-Muslim marriages

Christian marriages are the only non-Muslim marriages that can take place in Qatar. Only the Anglican Church or Catholic Church, or clergy recognised by the Ministry of Foreign Affairs, can perform non-Muslim marriages.

You must get medical tests to rule out any infectious diseases, blood disorders or any other diseases you could pass to children.

You can also get married at a foreign embassy. Embassy weddings are civil marriages, and you do not need medical tests.

British nationals marrying in Qatar

If you are a British national and want to marry in Qatar, you must provide an affirmation (marital status document), sworn before a consular officer at the British Embassy, stating there is no impediment to marriage.

To get a marital status document, you must make an appointment online and bring:

• your British passport
• a copy of your partner’s passport
• proof any previous marriages have ended (divorce decree or death certificate)

A Qatari marriage certificate is valid in the UK if you get it translated into English and stamped (‘attested’) at the Qatari Ministry of Foreign Affairs.

The British Embassy in Doha cannot provide paperwork for a marriage outside Qatar.

Polygamy

In Qatar, a Muslim man is allowed up to 4 wives at once. Qatari law requires a man to treat his wives equally.

Polygamy is illegal in the UK.

Spousal disputes and divorce

Divorce and custody matters are complex in Qatar and often take years to resolve. The Islamic Sharia principles of the Family Law govern divorce in Qatar. If you want to divorce, it is important you to understand:

• the legal grounds of filing for divorce
• divorce legal proceedings
• the potential consequences including child custody, division of assets and residency

If you or your spouse are British citizens, you may be able to divorce in the UK.

If you want to divorce in Qatar, the British Embassy in Doha strongly recommends you get legal advice.

The legal grounds for divorce in Qatar are:

• khul’ (redemptive divorce)
• defect or illness, including impotence
• detriment and breach
• non-support and insolvency
• being absent, missing or imprisoned

Khul’ (redemptive divorce)

Redemptive divorce allows a woman to dissolve the marriage by agreeing to repay her dowry to her husband or something else that she received from him. This does not affect the financial rights of her children.

Defect or illness

A partner can request a divorce on the grounds of a chronic illness or defect present in either partner. Article (123) of the Qatari Family Law states: “Each of the spouses may request separation on the ground of a defect or chronic illness which makes the marital life impossible to continue.”

A wife can request a divorce based on her husband’s impotence. The husband will need to get a medical examination to prove his impotence is permanent. The court will rule based on the results of the medical examination.

Detriment and breach, including domestic abuse

A wife has a right to request separation on the grounds of detriment which makes marital life impossible for her.

Detriment and breach include but are not limited to:

• physical abuse
• mental abuse
• emotional abuse
• negligence of the wife or her children

If the judge cannot get the couple to reconcile and detriment is proved, the court will declare them divorced . A divorce on grounds of detriment entitles the wife to all her legal financial rights from the husband.

This type of separation requires the breached spouse to present evidence to the judge.

Domestic abuse is difficult to prove to a court. The Protection and Social Rehabilitation Centre (AMAN) provides some services to victims of domestic abuse. There are currently no non-governmental organisations in Qatar that can provide support or assistance to victims of domestic violence.

If detriment is not proven, and breaches between the spouses continue, the judge may appoint arbitrators with the aim of reconciliation. The judge will try to appoint arbitrators from the couple’s families. If that is not possible, they will appoint arbitrators from outside the families. The judge decides how long the arbitration will last.

Non-support and insolvency

In Qatar, a husband is legally responsible for his family’s upkeep. His wife can request separation on the grounds of lack of spending on necessities such as:

• housing
• food
• healthcare
• children’s education

If the husband refuses to provide and claims insolvency without proof, the judge fixes a period for him, not longer than 3 months, to provide financially for his wife. If the husband does not do this, the judge declares them separated.

Absent, missing or imprisoned

If a husband goes to prison at any point during a marriage, his wife can request a divorce. However, the court will only grant this one year from the date of imprisonment.

Spouses can divorce on the basis of absence, for example, if one spouse abandons the other for more than a year without a valid reason.

Temporary arrangements during divorce

During divorce proceedings, which are often lengthy, the wife can request temporary arrangements (filing an order issued on petition) against the husband. Orders filed on petition are often related to quick and urgent matters such as:

• temporary child custody
• temporary residence
• financial support

To file an order issued on petition, the wife must:

• present a detailed document explaining the situation along with the relevant laws and evidence – she can go through this process without a lawyer or legal representative
• clearly state her demands on the petition order

Once an order issued on petition is filed:

• judgements are usually released within a period of 10 to 15 days
• the judge either accepts or rejects the order – if accepted the other party is notified, if rejected, the wife can only submit an appeal within 7 days of the judgement
• the judgement is temporary until the judge issues a final ruling on the separation case

Starting divorce proceedings

To get a divorce in Qatar, you can contact the family court for advice on next steps or get advice from a lawyer in Qatar.

You must register the case on the Supreme Judicial Court Tawtheeq portal (link only works in Qatar). You need a Tawtheeq account to do this. If you have a lawyer, they may do this for you.

The Tawtheeq portal lists these divorce services:

• divorce proof certificate
• divorce (to initiate divorce proceedings)
• dislocation document (khul’/redemptive divorce)
• return friendly (remarrying after divorcing)

Documents you may be asked to submit include residence permits , a marriage certificate and passport copies.

You must pay 100 Qatari riyal online. You cannot pay in cash at the court.

Once you’ve registered, you will get a text message confirmation in Arabic. Track the status of the case and the timing of any hearings on the Tawtheeq portal.

The Family Court may refer couples to attend sessions at Wifaq, the Qatar social work organisation for family life. This is at the judge’s discretion. Divorce can only be pronounced after the judge has attempted reconciliation which has been unsuccessful.

When the divorce is finalised, the Family Court will record it.

Child custody

Qatari courts decide all child custody disputes based on Islamic Sharia law, regardless of the religion of the parents.

Qatari law gives a mother who is Muslim greater custodial rights than a non-Muslim mother.

Muslim mothers are allowed to have custody of male children until they are 13 or female children until they are 15 unless the court rules otherwise.

Non-Muslim mothers are allowed to have custody until children are 7 if they raise them as Muslims.

Should the parents separate, even without divorce, the mother has priority for child custody, unless the judge decides otherwise in the interest of the child.

To have custody of a child, you must be:

• a mature adult
• of sound mind
• honest and trustworthy
• able to nurture, raise, maintain and care for them
• free from dangerous or contagious diseases
• be a ‘mahram’ of the child in the case of different sexes

A mahram is a person to whom marriage is illegal due to a blood relationship, breastfeeding or being related by marriage. For a male child, this may include his mother, sisters, aunts and grandmothers. For a female child, this may include her father, brothers, uncles and grandfathers.

A judge will grant child custody in this order:

• mother
• father
• paternal grandmother
• maternal grandmother
• grandfather, however remote, upwards
• mothers of grandfathers, starting with the closest
• full sister
• maternal half-sister
• paternal half-sister
• maternal aunts, starting with the closest
• paternal aunts, starting with the closest

If custodians are equal in order, for example, multiple sisters, Qatari law says the one most suitable for child custody and the most pious gets preference. If they are equal in suitability and piety, the eldest gets custody.

Rights to residency after divorce

If a divorced woman custodian is a foreign national living with her relatives in Qatar or resident under the sponsorship of another before marrying, her former partner must transfer her sponsorship to another suitable sponsor. If he refuses, the court will order the transfer of her sponsorship. The guardian may not cancel the sponsorship of the child under custody until custody expires.

If a divorced person is a foreign national and does not have relatives or an employer in Qatar to sponsor them, they will lose their residency. However, Qatari law also says the nationality of the father applies to the substantive issues relating to the guardianship and custody of any children.

Inheritance laws

Qatar’s inheritance laws are specific and subject to Islamic Sharia law.

In Qatar, the law of the nationality of the person who died governs inheritance. For British people living in Qatar, the UK inheritance laws under Inheritance Act 1975 apply.

If there are no heirs, Qatari law applies.

Wills

If there is no will, it is likely the family court will freeze the assets of the person who died until it gets proof of entitlement from the heirs. You may want to get legal advice on this process.

The proof of entitlement is a legal statement obtained from the country of nationality of the person who died. You must have it authenticated in Qatar through the consular legalisation services department at the Ministry of Foreign Affairs in Doha or government service centres throughout Qatar. Foreign documents that can be legalised include:

• inheritance enumeration certificates
• certifications of wills
• records of will reception and unsealing

You must often have documents translated at an authorised translation office.

If there is a will, the court will distribute assets according to the will. This also applies to assets in Qatar.

Guardianship

There are currently no clear laws on the guardianship of foreign nationals. Therefore, guardianship, custodianship and the protection of minors is governed by the law of the father’s nationality. Parents living abroad should include provisions in their will for childcare if something happens to both parents.

Online resources

Protection and Social Rehabilitation Centre (Aman)

The Family Consulting Centre (Wifaq)

Qatar Legal Portal (Al Meezan) 

Find a lawyer in Qatar

Guide for British nationals living in Qatar

Disclaimer

The British Embassy in Doha provides this information to help British nationals. It is a non-official translation of some sections from Qatari Family Law and other related laws. The British Embassy does not assume or undertake any legal responsibility or liability, to you, or those affected, in connection with this information. For all legal matters, you should get legal advice from qualified practitioners.