Royal Decree No. 90/1999 established the Supreme Court as the highest court in the country. In addition, the Superior Council of Magistracy was established by Royal Decree No. (9/2012) under the presidency of the Sultan. The Sultan chooses the other members of the Council and ensures that the values and ethics of the judiciary are respected and that the system is independent. The Public Prosecutor`s Office conducts judicial proceedings on behalf of the Community and supervises prosecutions, while remaining vigilant in the application of the Criminal Code, the prosecution of perpetrators and the enforcement of judgments. The Constitution refers to the law governing the Public Prosecutor`s Office and its competences, as well as to the conditions applicable to those who exercise their functions. The Constitution provides for an exception to the competence of the Public Prosecutor`s Office in cases of administrative offences, in which the public security services may be legally authorized to prosecute such cases under the conditions established by law (Article 64). The judiciary consists of a High Council that supervises the proper functioning of the courts and auxiliary bodies. The powers of the Council with regard to the tasks of judges and prosecutors shall be determined by law (Article 66). Civil, criminal and commercial cases are all heard by the courts of first instance. Decisions of the courts of first instance can be appealed to one of Muscat`s six courts of appeal. The latter courts are composed of three judges.
The Supreme Court is the court of last resort, which is also responsible for the unification of legal principles. Although Oman`s judicial system is based on Sharia law, they are used in commercial courts as principles and not as a basis for decision. Although Sharia principles can be used to deal with issues before commercial courts that are not covered by existing Omani law. Another crucial element of the Omani judicial system is that of the Sharia courts. Sharia courts operate within the framework of Islamic Sharia and deal mainly with personal matters such as marriage, divorce, inheritance and other family disputes. The Basic Statute stipulates that the system of government is hereditary from the male descendants of Sayyid Turki bin Said bin Sultan, that the Sultan is the Head of State and Commander-in-Chief of the Armed Forces, that he presides over the Council of Ministers and that he is responsible for the promulgation of laws and the appointment of judges. Khalil Mechantaf is a lawyer in Beirut, Lebanon. He is currently an associate lawyer in private practice with a focus on international law and agreements. Previously, he worked at the International Criminal Court and published several studies on judicial systems in the Middle East. Prior to 1971, Sharia (Islamic) courts had jurisdiction over civil and criminal matters, in addition to civil status cases.
Sultan Qaboos bin Said Al Said ushered in a new era of judicial and administrative reform of the sultanate`s judicial system. The legal system of the Sultanate of Oman was largely codified in a Constitution promulgated by Royal Decree No. 101/96 of 6 November 1996. The legal system of the Sultanate of Oman was codified in a constitution by Royal Decree No. (101/1996) of 6 November 1996 and is known as the Basic Law of the State. The Basic Law consists of 81 articles that define the legal and political framework within which the State operates. It defines the tasks and responsibilities of the State and establishes the political, economic and social principles that guide its policies. The Basic Law also guarantees fundamental rights and freedoms, protects property rights and preserves the independence of the judiciary.
The Constitution was amended on 20 October 2011 by Royal Decree No. 99/2011 to update the succession process and expand the role and tasks of the Council in Oman. The constitution also provided for various civil rights that must be respected when managing the system of government. These rights include, inter alia, the equality of citizens before the law, their equality with regard to public rights and duties and the prohibition of discrimination between them on grounds of sex, origin, colour, language, religion, sect, residence or social status (Article 17). Other civil rights provided for in the Constitution relate to the prosecution and conduct of criminal courts, such as the prohibition of arbitrary detention (Articles 18 and 24), the integrity of the person and the prohibition of torture and other inhuman treatment (Article 20), the presumption of innocence and respect for the right to due process (Article 22). Access to justice (Article 25), freedom of religion (Article 28), expression of opinion (Article 29), communication (Article 30), the press (Article 31), meetings and associations (Articles 32 and 33), all in accordance with the law and with respect for public order. Extradition is also prohibited for political refugees as long as it is subject to the provisions of international law and conventions relating to offenders (Article 36). The Fundamental Status of the State[1][2] (also known as the Basic Law) is the cornerstone of the Omani legal system and acts as the country`s constitution. The Basic Statute was adopted in 1996 and has been amended twice: once in 2011 in response to the Arab Spring protests[3] and once in 2021 to introduce procedures for appointing a crown prince and new rules for parliament. [4] [5] The rule of law, state sovereignty and the independence of the judiciary are among the most important principles established to protect the rights of every Omani citizen. Each accused is presumed innocent until proven guilty by trial.
The use of physical and/or psychological abuse is prohibited. All sanctions must be carried out in accordance with the law, before which all citizens are equal. The Omani legal system consists of a mixture of a civil code and Islamic law. The religion of the State is Islam and the Islamic Sharia is the basis of legislation (Article 2 of the Constitution). There are two types of legislation in Oman: primary law in the form of royal decrees and secondary law in the form of ministerial decisions. Transparency in international relations is protected by the Constitution, as no treaty or agreement may contain secret clauses that contradict declared conditions. While the Constitution places treaties at the top of the legal hierarchy, all laws and procedures developed in Oman must conform to the provisions of the Constitution (Article 79). The legislation of the Sultanate of Oman consists of two types: primary law and secondary law.
The primary law is that promulgated by the sultan, known as the royal decree. Secondary legislation is adopted on the basis of ministerial decisions in accordance with the specific powers conferred by the Royal Decrees on the executive or ministerial body concerned. Oman`s legal system is composed of a mixture of Anglo-Saxon law and Islamic law. The religion of the State is Islam and the Islamic Sharia is the basis of legislation (Article 2 of the Constitution). Article 72 of the Constitution places treaties and agreements between the Sultanate of Oman and other States and international bodies and organizations above the Constitution, as it provides that the application of the Constitution “shall not violate such agreements”.