New Legislation and Laws in the State of Qatar

The legislative authority in the State of Qatar has continuously adapted to global and societal developments to keep pace with modernization in individual and community life, as well as the evolution of governmental, semi-governmental, and private sector institutions. The year 2024 witnessed significant legal achievements, including the Public Referendum Law, constitutional amendments to the Permanent Constitution, and a series of service-related laws and regulations.

The year 2024 was among the most prolific in terms of legislative issuances, with 21 new legislations enacted, including 20 laws and one law decree. These legislations involved amendments to existing laws, repealing some previous laws, and introducing new laws addressing previously unregulated subjects, such as the State Budget Law.

The enacted legislation covers various fields, strengthening the legal and institutional framework of the state. Some laws are specific to certain sectors, such as Law No. 2 of 2024 extending the exclusive rights granted to Qatar Fuel (Woqod) for the marketing, sale, transportation, and distribution of gas and petroleum products, which came into effect one month after its issuance on March 3, 2024. Other notable laws include Law No. 6 of 2024, which provides exemptions and facilitations for hosting international sports championships, effective from May 12, 2024, and Law No. 10 of 2024, amending Law No. 9 of 2017 on the regulation of schools, effective from July 31, 2024.

This article will focus on key laws directly related to the judicial system and legal disputes, which are of interest to citizens and investors alike, including:

Judicial Enforcement Law (Law No. 4 of 2024)

Amendments to the Commercial Law (Law No. 1 of 2024)

Amendments to the Penal Code (Law No. 14 of 2024)

First: Law No. 4 of 2024 Issuing the Judicial Enforcement Law

Law No. 4 of 2024 was introduced as part of the state's efforts to develop its legislative and judicial framework. Previously, enforcement provisions were governed by the Civil and Commercial Procedure Law No. 13 of 1990 in its third book (Articles 362 to 518). However, the rapid evolution of practical circumstances necessitated the issuance of a new law providing a comprehensive framework for judicial enforcement.

This law complements the legislative reforms introduced within the national initiative to develop justice systems, which in the past three years has seen the issuance of several laws regulating judicial work. It also aligns with the vision of the Supreme Judicial Council in achieving swift justice through the development of litigation procedures, digital transformation, and the acceleration of judicial proceedings and enforcement of judgments, ensuring justice and granting each party their due right.

The new law consists of 17 chapters and introduces new sections that were not previously included, such as:

Chapter Five: “Powers of the Enforcement Judge” (Articles 34-44)

Chapter Seven: “Insolvency” (Articles 49-50)

Chapter Eight: “Enforcement in Family Matters” (Articles 45-48)

One of the key features of this law is the inclusion of executory instruments such as cheques and lease agreements, facilitating debt collection and reducing the burden on courts. Additionally, it allows landlords to initiate eviction proceedings immediately upon lease expiration, provided that the contract is registered according to applicable laws.

Regarding Cheques: The new Judicial Enforcement Law introduces updated procedures for cheque collection, allowing holders of signed cheques that meet legal conditions to collect their value directly from the Enforcement Court without the need for a prior court ruling. Under this law, cheques are granted the same legal value as an executory instrument, allowing their holders to recover the due amount quickly and directly.

Although this amendment may seem new to some, the legislator has always considered cheques as enforceable instruments that can be subject to summary proceedings. In practice, a cheque becomes enforceable within a few days upon submission of a request. The only difference in the new enforcement law is that cheques no longer require any prior judicial procedures. Instead, the cheque holder may directly file an enforcement claim upon the cheque’s due date against the drawer or any other liable party.

Potential Challenges and Issues in Considering Cheques as Executory Instruments under the New Enforcement Law:

Declaring a cheque as an executory instrument without the need for prior legal proceedings is an important step toward expediting procedures and achieving justice. However, this amendment may raise several practical concerns that could affect individual rights. While a cheque is generally considered an enforceable instrument, the judiciary has distinguished between two types of cheques:

Cheques payable upon presentation

Cheques issued as a guarantee

Given that courts are filled with cases where parties dispute the classification of cheques—whether they are guarantee cheques or payment cheques—allowing all cheques to be enforced without distinction could lead to the misuse of guaranteed cheques for claims arising from bad faith, exposing other parties to legal risks.

Another potential challenge regarding cheques as executory instruments is the issue of forgery claims, which may arise during enforcement proceedings.

Lease Agreements as Executory Instruments: Another matter addressed by the new Judicial Enforcement Law is the classification of lease agreements as executory instruments in eviction cases. The law aims to facilitate and expedite the eviction process for registered or notarized lease agreements once the contract term expires, thereby reducing procedural obstacles to eviction enforcement. For a lease agreement to be considered an executory instrument, the law requires two conditions:

The lease agreement must be registered under the provisions of the Real Estate Lease Law No. 4 of 2008 or notarized by the competent authority if it is not subject to that law.

The enforcement request must be limited to evicting the tenant due to the expiration of the lease term.

While landlords may view this as a favorable legal measure, it poses a significant threat to the rights of well-intentioned tenants. Evictions could be carried out based on a particular lease agreement, and after completing the eviction process, it may emerge that the parties were still in a rental relationship under a new contract signed after enforcement. Some lease agreements may not contain a renewal clause, but in practice, the rental relationship continues, with the tenant remaining in the property and the landlord continuing to collect rent. In such cases, some landlords may exploit the absence of a new contract or renewal clause as a pretext to file an enforcement claim for eviction, even though they implicitly agreed to renew the lease.

Since these legal amendments remain subject to refinement, it is essential to consider these details, as they may create serious legal and practical issues in the future, affecting many well-intentioned individuals. Additionally, they could lead to an increase in legal disputes that were not previously anticipated.

Furthermore, as the law is still new, not all of its provisions have been practically implemented yet. The challenges mentioned above are potential issues that could arise in practice, and other practical difficulties may emerge later. We believe that it is still too early to fully evaluate the Judicial Enforcement Law regarding these issues.

However, the legislator granted the party against whom enforcement is sought the right to object within 10 working days from the date of notification of the enforcement claim, as stipulated in Article 33, which states: "The party against whom enforcement is sought may object to the enforcement by claiming full or partial fulfillment, forgery, or any other defense within ten working days from the date of notification. The judge may grant the party against whom enforcement is sought a period not exceeding ninety working days to file a substantive lawsuit to prove their claim and suspend enforcement during that period. The judge or the competent court may also, as the case may be, extend the period of suspension. In all cases, the judge may reject the enforcement request if they deem that enforcement requires adjudication of substantive issues."

In general, the new Judicial Enforcement Law represents a significant step toward improving the judicial system and facilitating the enforcement of judicial rulings. The key benefits it offers to citizens and residents include:

Enhancing justice: The law ensures that judicial rulings are enforced more quickly and efficiently, strengthening confidence in the judicial system and confirming that justice will be achieved without undue delays or complications.

Protecting rights: The law enables litigants to obtain their financial and legal rights more swiftly, whether in financial, labor, or commercial cases.

Increasing transparency: The law provides clear procedures for citizens and residents regarding the enforcement of rulings, reducing ambiguity that may arise in some cases.

Facilitating procedures: The enforcement of rulings is carried out more swiftly and in a more organized manner, reducing procedural complexity within the Enforcement Court.

Enhancing economic stability: By expediting debt collection and judgment enforcement, this law contributes to market and economic stability, benefiting both citizens and residents.

Supporting the business and investment environment: The Judicial Enforcement Law provides a stable legal environment, strengthening confidence among investors and the business community.

These advantages contribute to improving the daily lives of citizens and residents by ensuring their rights and regulating their transactions more effectively. It also serves as an encouraging step for investment in Qatar, aligning with the state’s vision of fostering investment.

Second: Law No. 14 of 2024 Amending Certain Provisions of the Penal Code

Law No. 14 of 2024 introduced amendments to certain provisions of the Qatari Penal Code, promulgated by Law No. 11 of 2004. The key amendments include:

Article 68: The introduction of a penalty prohibiting the practice of a profession for up to seven years for anyone who commits a crime during or due to the exercise of their profession.

Article 134: An amendment increasing the penalty to imprisonment for up to seven years for anyone who challenges the Emir’s exercise of his rights or objects to his authority.

Articles 308 and 309: Addressing assault on the bodily integrity of others and specifying penalties in cases of intent, premeditation, or ambush, as well as in cases where the assault results in illness or disability preventing the victim from performing personal tasks for 20 days. The penalties include imprisonment, fines, or both.

Articles 311 and 312: Concerning causing death through mistake, negligence, recklessness, or lack of precaution, as well as violating laws and regulations. The penalties have been amended to include imprisonment and fines, or one of these penalties.

Notably, the penalties of imprisonment and fines apply even in cases where the victim or the victim’s guardian pardons the offender or accepts blood money, in incidents leading to death or harm as stated in Article 312.

Article 2 of the law introduced new provisions to Law No. 11 of 2004, the most prominent of which include a seven-year imprisonment penalty for anyone who insults or harms the reputation of the judiciary or the Public Prosecution in any way.

The same penalty applies to individuals who enter the country illegally.

Article 333: Imposes a three-year imprisonment sentence on any person who broadcasts, facilitates the broadcasting, or uses—whether publicly or privately—any recording, document, or images obtained through acts criminalized under Law No. 11 of 2004.

These amendments to the Qatari Penal Code align with the state’s vision of enforcing the rule of law and combating crime. The evolution of technology and modernity has led to the emergence of more sophisticated forms of crime. Consequently, criminal laws must adapt to these advancements to effectively address actions that harm individuals and society. The rapid technological developments have introduced various new types of crimes that require specific legal provisions to combat and eliminate them.

Additionally, since the general legal principle dictates that there is no crime or penalty without a prior legislative text, the legislator deemed it necessary to introduce new provisions in the Penal Code to criminalize these acts and mitigate their risks. This approach reflects Qatar’s commitment to maintaining security and stability, as Qatar is recognized as one of the safest countries in the world.

Third: Law No. 1 of 2024 Amending Certain Provisions of the Commercial Law

The amendments to Commercial Law No. 27 of 2006 focused on Article 585 concerning the partial payment of cheques. The amendment stipulates that a portion of a cheque’s value may be paid, provided that such payments are recorded on the back of the cheque and certified with an official receipt.

Notably, the legislator required that for the partial payment rule to apply, the cheque holder must consent to the partial payment. The holder also retains the right to claim the remaining unpaid value of the cheque from the drawee, using both the official receipt and the original cheque as proof.

In our view, this is a highly significant step, as partial cheque payments contribute to economic growth in several ways, particularly in improving liquidity and strengthening trust in the financial system. The benefits include:

Enhancing liquidity: When a portion of a cheque’s value is paid, the beneficiary can use this partial amount to meet urgent financial needs, such as salary payments or operational expenses. This ensures the continued circulation of money in the economy and stimulates economic activity.

Encouraging individuals and businesses to honor cheques: If the cheque issuer faces financial difficulties, partial payment allows them to fulfill part of their financial obligations, reducing financial strain and preventing insolvency or larger financial issues.

Strengthening confidence in the financial system: Allowing partial payment reassures cheque beneficiaries that they can recover at least part of their money, increasing trust in the banking system. This trust can encourage more commercial transactions and investments.

Improving commercial relationships: In some cases, partial payment may serve as a step toward resolving disputes or avoiding conflicts between business parties. Rather than completely dishonoring a cheque, partial payment can facilitate negotiations and compromise.

Enhancing financial market stability: If cheques represent a significant portion of commercial transactions, enabling partial payment can alleviate pressure on the financial system, thereby contributing to its stability.

Overall, partial cheque payments provide the necessary flexibility in financial and commercial transactions, supporting economic growth and attracting investors—aligning with Qatar’s vision of fostering investment.

Conclusion:

Qatar continues to develop its legal and legislative framework in line with international standards, reinforcing investor and citizen confidence in the judicial system. These amendments are expected to expedite the enforcement of judicial rulings and enhance justice, thereby contributing to social and economic stability and sustainable development in the country.