THE REGULATION OF FAMILY LIFE IN THE GULF: LITIGANT STRATEGIES AND JUDICIAL RULINGS IN QATAR (2005-2016)

Abstract

The codification of family law in the Gulf, and particularly in Qatar, marks a pivotal development in the region’s legal evolution, embodying efforts to balance tradition with the demands of a rapidly modernizing society. Qatar’s Family Law, enacted in 2006 after a decade of deliberation and a trial implementation period, has been celebrated in academic discourse for its progressive adjustments to family structures, notably through more egalitarian divorce procedures and a focus on child welfare. Judges and scholars alike underscore the harmony achieved between the law’s provisions and Qatar’s social fabric. This thesis delves into the operationalization of Qatari family law by analyzing litigant strategies and judicial decisions in family-related cases between 2005 and 2016. Using a socio-legal methodology, this research spanned 1,449 Cassation Court rulings to identify 34 cases that pertain to marriage, divorce, and custody. I start by examining the key provisions of Qatar’s Family Law; to illuminates how judicial discretion navigates legal ambiguities and adapts to the diverse social realities within Qatari society. Then I shift the discussion to litigant strategies, describing how they are profoundly gendered. Litigants’ distinct approaches underscore the nuanced role that Qatar’s family law plays in mediating between codified legal standards and lived social expectations. Structurally, this thesis first situates the Qatari Family Law within the existing body of literature on Islamic family law, then explores its procedural and interpretive frameworks, and concludes with a case law analysis that reflects how family law in Qatar operates as both a site of contestation and a tool for negotiating social norm. This thesis contributes to the fields of socio-legal studies, Islamic family law, and women’s studies by analyzing how codified legal frameworks are applied and contested in practice. It bridges the gap between legal theory and the lived experiences of litigants, offering critical insights into the intersection of gender, judicial discretion, societal norms, and women’s agency within the legal system.

Date of Award	2024
Original language	American English
Awarding Institution	HBKU College of Islamic Studies