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Law No. 8 of 2003 Autopsy of Human Corpses

Law Summary Record Type: LawNumber: 8Date: 26/07/2003 Corresponding to 27/05/1424 HijriNumber of Articles: 13Status: In force
Official Gazette :Issue: 9Offcial Journal Issue Publication Date: 01/10/2003 Corresponding to 05/08/1424 HijriPage from: 38
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Articles

  • 1 Article

    In the implementation of the provisions of this law, the following words and expressions shall have the following meanings ascribed to each of them:
    “The Ministry” means the Ministry of Public Health.
    “The Minister” means the Minister of Public Health.
    “Death” means the complete cessation of all the vital functions of a person.

  • 2 Article

    An autopsy on a human body shall be prohibited, except in legal cases where possible criminal behaviour is being investigated, or for medical reasons to help establish the cause of death, which may be otherwise unclear, or for educational purposes, and only after clearly ascertaining and certifying that death has occurred, in accordance with the provisions of this law.

  • 3 Article

    The autopsy shall be performed in relation to legal proceedings in the following circumstances:
    1. When there is a suspicion that the death was directly caused by a criminal act.
    2. When there is a suspicion that the death was somehow associated with or linked to a criminal act.
    A forensic physician shall carry out the autopsy in both cases if permission is granted by the competent investigating authority. It is not necessary to obtain the permission of the family of the deceased.

  • 4 Article

    An autopsy for pathological purposes shall be performed in cases where the cause of death remains unclear despite clinical evaluation and examination, laboratory and imaging investigations and other medical analyses. The autopsy shall be carried out in a period not exceeding 24 hours since the time of death or the time when the death was certified. In these circumstances, the autopsy shall be carried out only after permission is granted by the minister or another nominated person, and permission must first be sought from the religious court (Mahkama Shariayah). Moreover, the autopsy shall be performed by a physician who is a qualified pathologist. It is not necessary to obtain the consent of the family of the deceased.

  • 5 Article

    An autopsy for educational purposes may be carried out to further educational objectives. In these circumstances the autopsy shall be carried out by specialist faculty members in medical colleges, with their students under the supervision and guidance of their professors. It is not permissible to carry out an autopsy for educational purposes without documented permission from the deceased person, composed and witnessed before his death, or the permission of his next of kin with the consent of the religious court. It is also possible to perform an autopsy on deceased persons whose identity, or the identities of their next of kin are not known. In all cases, it is not permissible to carry out an autopsy if the deceased has stated in his will that he did not want his corpse to be subjected to an autopsy.

  • 6 Article

    It is prohibited to sell or buy a corpse, or to exchange it for any consideration.

  • 7 Article

    It is prohibited to perform an autopsy on the body of a deceased women except by professional women physicians and except when the autopsy is being performed for educational purposes, or in cases of absolute necessity and when women physicians are not available.

  • 8 Article

    In all cases, the autopsy shall be carried out in accordance with Islamic Shariah rules and provisions defined by the executive resolutions of this law.

  • 9 Article

    An Autopsy shall be carried out in the premises specified by the Ministry for this purpose, in accordance with the terms and resolutions issued by the minister.

  • 10 Article

    Without prejudice to any more severe penalty stipulated by any other law, any person breaching the provisions of Article 6 of this law shall be punished by imprisonment for a period not exceeding five years and a fine not exceeding (50000) QR, or either penalty. Furthermore, any person breaching the provisions of Articles 2, 3, 4, 5 and 7 of this law shall be punished by imprisonment for a period not exceeding one year and a fine not exceeding (10000) QR, or either penalty. In all cases, the court has the right in its ruling, to order the revocation of the doctor's license to practice the profession for a period not exceeding the upper limit of the penalty stipulated for the crime.

  • 11 Article

    Only religious courts (Mahakim Shariayah) are competent to investigate and rule on cases related to the implementation of the provisions of this law.

  • 12 Article

    The minister shall issue the resolutions necessary for the implementation of the provisions of this law.

  • 13 Article

    All competent authorities, each within the scope of its competence, shall implement this law and it shall be published in The Official Gazette.

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