Law Decree no. (21) of 1989 Regarding the Regulation of Marriage to Foreigners

Law Summary Record Type: LawNumber: 21Date: 25/12/1989 Corresponding to 27/05/1410 HijriNumber of Articles: 13Status: In force

Official Gazette :Issue: 16Offcial Journal Issue Publication Date: 01/01/1989 Corresponding to 24/05/1409 HijriPage from: 620

طباعة

Articles (1-13)

We, Khalifa bin Hamad Al Thani, Emir of the State of Qatar
Having considered the following legislations:
The Amended Provisional Constitution, in particular Articles 23, 34, and 51 thereof;
The Qatari Citizenship Law No. 2 of 1961, as amended, and the Law No. 3 of 1963 and the amending laws;
Law No. 3 of 1963 organising foreigners’ entry and residence in Qatar, and the amending laws thereof;
Law No. 1 of1964 establishing public housing, as amended;
Decree-Law No. 9 of 1967) promulgating the Law on Civil Service, and the amending laws thereof;
Law No. 5 of 1970 assigning the powers of ministers and the functions of ministries and other government agencies, and the amending laws thereof,
Law No. 10 of 1970 identifying the authority to be responsible for the appointment and removal from public office,

Law No. 6 of 1976 organizing the Ministry of Foreign Affairs as amended by Law No. 1 of 1978,
Law No. 9 of 1976, organising scholarships, and the amending laws thereof,
Law No. 1 of 1981 organising officers’ service in the Armed Forces, as amended by Law No. 9 1985,
Law No. 8 of 1987 organising the presidency of Islamic Courts and Religious Affairs,
The Decree No. 7 of 1977 organising the housing of senior staff and the amending decrees,
The proposal of the Minister of Interior, and
The draft law submitted by the Council of Ministers, and
Having consulted the Shoura Council,
Have decided the following:

Articles

Article 1 (Amended By Law 8/2005) (Amended By Law 11/1994)

Qatari citizens from any of the categories set out below are not allowed to marry persons of foreign nationalities except citizens of the Gulf Cooperation Council (GCC):

1. Ministers and Deputy Ministers, heads of boards of institutions, public bodies and their deputies.
2. The diplomatic staff and consular corps.
3. Subject to the approval of the Minister of Defence, the Minister of the Interior or the competent head of security, as the situation may require; officers, non-commissioned officers and members of the Armed Forces, Police and other security agencies, with the exception of the cases where the wife is of the categories in Article 3 (b) of the present Law.
4. Students on scholarship who are studying abroad, whether supported by the State or studying at their own expense.
The Council of Ministers may decide to add some public offices and other functions to the aforementioned categories, as the public interest may require.
In all cases, at the Emir's discretion and whenever public interest so requires, some Qatari citizens who are married to a foreign national may be exempted from the prohibition provided for in this Article.

Article 2

2-1. Subject to the approval of the Minister of Interior, any Qatari male not belonging to one of the categories specified in Article 1 of the present law may marry foreign nationals on the following conditions:

There must be social reasons calling for such a marriage.
The age difference between the Qatari male and the female foreign national must be appropriate.
The Qatari male must be free from Sexually Transmitted Disease (STD).
The Qatari male must not be having more than one wife, or divorced more than one wife.
He must not have been convicted of a crime carrying a custodial sentence or involving dishonesty or immoral behaviour in the State of Qatar.
The Qatari male must be financially viable to support his dependents.

2-2. For a foreign national female intending to marry a Qatari:

Must be free from Sexually Transmitted Disease (STD).
Must have not been convicted of a crime carrying a custodial sentence or involving dishonesty or immoral behaviour in the State of Qatar.
Must not be included in the lists of persons barred from entering the State of Qatar.

Article 3 (Amended By Law 11/1994)

The conditions stipulated in Article 2-1 of the present Law shall not apply in the following cases:

If the intended female marriage partner is a national of one of the Gulf Cooperation Council States.
If the woman is a cousin of the Qatari male.
If the woman is born of a Qatari mother.

Article 4

Subject to the approval of the Minister of the Interior and the consent of her legal guardian, any Qatari female not belonging to any of the categories specified in Article 1 of the present law may marry a foreign national for social reasons on the following conditions:

the foreign male must be free from Sexually Transmitted Disease (STD).
the foreign male must not have been convicted of a crime carrying a custodial sentence or involving dishonesty or immoral behaviour in the State of Qatar.
must not be included in the lists of persons barred from entering the State of Qatar.
the foreign male must be financially viable to support his dependents

Article 5

5-1. The marriage of any Qatari citizen to a foreign national prior to the date this Law has come to force, shall be valid provided that the marriage has been officially authenticated, in accordance with the provisions of the Islamic Law, and that the foreign spouse meets the following conditions:

1. That the foreign national is free from Sexually Transmitted Diseases (STD).
2. Not to have been convicted of a crime carrying a custodial sentence or involving dishonesty or immoral behaviour.
3. That the foreign national is not included in the lists of persons barred from entering the country.
4. That the foreign national is financially viable to support all his dependents.
The marriage shall be sanctioned by a decision from the Minister of Interior.
Applications of foreign marriages seeking approval shall be submitted to the Ministry of Interior, accompanied by the required documents, within a period of three months from the effective date of this law.
This period may be extended, where appropriate, to a similar period or longer by the Minister of Interior.

Article 6

6-1. Subject to the provision of authenticated documentation, any Qatari female whose foreign husband has died or permanently left the country prior to the effective date of this Law, may request the endorsement of her marriage from the Ministry of Interior, provided that the marriage was in accordance with the provisions of Islamic Law:

6-2. The marriage shall be endorsed by a decision of the Minister of the Interior.

6-3. Applications for the endorsement of marriages to foreign nationals shall be submitted to the Ministry of Interior, accompanied by the required documents as detailed in Article 6-1 of this law, within three months from the effective date of the present law.

6-4. The Minister of Interior reserves the right to extend this period.

The decision to endorse any marriage to a foreign national shall entail the following:

When the mother lives in Qatar, granting the children Qatari residence.
Granting Qatari travelling documents to minor children.
Children shall be treated as Qataris in relation to education, healthcare and employment.
Adult children shall have priority in the acquisition of Qatari nationality.

Article 7

7-1. All marriages which are in violation of this law after its enactment shall be deemed null and void. Violators of this law after its enactment will face legal consequences.

7-2. Without prejudice to the disciplinary action determined by the Law and regulations in this regard, the competent authority shall take the necessary legal measures against anyone who violates this law from the first three categories in Article 1 of this law as follows:

(a) Removal from office.

(b) Termination of employment.

7-3. Any student benefiting from scholarship who violates this law will have his scholarship cancelled. Furthermore he/she will be required to refund all expenses and salaries which were accrued to him/her from the scholarship. In all cases, the offender shall be deprived of the benefit of the aforementioned provisions of the Law No. 1 of 1964 and the Decree No. 7 of 1977.

Article 8 (Amended By Cabinet Decision 36/2007) (Amended By Law 8/2005)

8-1. Applications for approval of marriages to foreign nationals or the endorsement thereof in accordance with the provisions of the present Law, shall be considered by a Commission formed of:

Two representatives from the Ministry of Interior, one, a Chairman of the Commission and the other, a rapporteur of the Commission.
One representative of the Ministry of Labour and Social Affairs.
One representative of the Ministry of Awqaf and Islamic Affairs.
One representative of the Ministry of Justice.
One representative of the Supreme Council for Family Affairs.

8-2. The Council of Ministers may amend the membership of the Commission.

8-3. Representatives mentioned in Article 8.1 shall be nominated by their respective bodies. The Ministry of Interior shall be responsible for the appointment of the chairperson of the commission, members and the rapporteur.

8-4. Furthermore the Ministry of Interior shall be responsible for assigning the operations and procedures of the commission.

8-5. All recommendations made by the commission shall be submitted to the Minister of Interior for his/her final decision on the applications.

Article 9

9-1. The applicant shall be notified of the result of the application by a registered letter from the Minister of Interior, whether the application has been accepted or rejected.

9-2. The application shall be deemed to be rejected if three (3) months have elapsed since the submission with no response.

Article 10

10-1. The applicant may appeal against the decision to reject the application for approval or endorsement of the marriage within thirty days from the date of notification of rejection, or when three (3) months have elapsed since the submission of the application with no response.

10-2. All appeal applications must be submitted to the Minister of Interior. The decision of the minister of Interior regarding the appeal shall be final and cannot be further appealed to any other body.

Article 11

The Minister of Interior may issue decisions necessary to implement the present Law, in accordance with its provisions and for the achievement of purposes thereof.

Article 12

Any provision contrary to the provisions of the present Law shall be rendered invalid.

Article 13

All competent authorities, each within its own competence, shall implement this Law. The present law shall come into force from the date of publication in the Official Gazette.