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RELIGION AND THE LAW

The Omanis have been significant contributors to human civilization throughout


their history and have sought to develop good relations with people across the
globe. The Omani character, along with the influences of heritage and traditions, is
based on a spirit of tolerance and a willingness to accept and respect other people
and their beliefs.
Religious tolerance is a distinctive feature of the Omani character, which totally
rejects fanaticism and extremism, while the Basic Law of the State guarantees
personal freedoms, including the legal right to practise one’s religion.
Article 28 of the Basic Law of the State affirms that ‘the freedom to practise
religious rites in accordance with established custom is guaranteed, provided that
it does not infringe on public order or decency.’ This freedom is further supported
by Oman’s Personal Status Law.
There are several houses of worship in the Sultanate where non Muslims –
Christians, Hindus and others - can practise their religion in freedom and safety.
Inspired by this enlightened vision, which reflects the essence of Omani
society, the Ministry of Awqaf and Religious Affairs has initiated a number of
activities aimed at promoting a proper understanding of Islam while safeguarding
Oman’s traditions and heritage.
In view of the challenges facing Arab and Islamic states in these often troubled
times, it is essential that the true religion of Islam, which rejects immoderation and
extremism be more clearly understood.
The Sultan Qaboos Centre for Islamic Culture, which is attached to the Sultan
Qaboos Grand Mosque in Muscat, plays a vital role in promoting cultural contacts
and dialogue with other societies and helping familiarise them with the civilization
and teachings of Islam. It hosts lectures by scholars, intellectuals and academics
from around the world and regularly holds seminars and symposiums.
The Ministry of Awqaf and Religious Affairs staged a seminar entitled
‘Legislation and renewal in contemporary Islamic fiqh (jurisprudence)’ from 5th
to 8th April 2008 as part of a series of seminars on the ‘The development of fiqh
sciences in Oman.’ Preparations for the series – which aims to study and revive the
Islamic fiqh heritage and devise a more flexible and realistic fiqh culture - began
some years ago. The Omani government also promotes dialogue and the study of
Arab and Islamic culture in prominent universities around the world including
Harvard in the US, Britain’s Oxford and Cambridge Universities, Melbourne in
Australia, China’s Beijing University, and Jordan’s Aal al Bayt as well as other
academic institutions.
The Sultan Qaboos Cultural Centre in Washington organises cultural events and
takes part in exhibitions in the United States to help foster greater understanding
between the Omani and American peoples. In 2007 the Centre sponsored ‘The
Indian Ocean: from Muscat to the Spice Islands’ exhibition, which formed part
of a wider exposition staged by the Smithsonian group of galleries. The Sultan
Qaboos Cultural Centre also plans to take part in the Arab folklore performances
in the US capital early in 2009, along with several other Arab countries.
Responsibility for building and maintaining the Sultanate’s 13,950 mosques
falls within the remit of the Ministry. However, in September 2008 His Majesty
ordered two Royal Grants: one, worth RO12 million, will be allocated for the
renovation of mosques in the Sultanate. Another, worth RO31 million, will be
allocated for the purchase of two buildings to replace the Al Rabat houses which
were affected by the expansion projects in the Holy City of Mecca. The Al Rabat

68 OMAN
houses cater to the needs of Omanis visiting the Holy City.
The Ministry also sponsors and organises welfare services for Omani pilgrims
during the Hajj season and supervises the Qur’an memorisation schools and
summer centres in various parts of the country. In addition to setting up an
electronic library project, the Ministry publishes the quarterly Islamic magazine
‘Al Tasamuh’ (Tolerance).
The Office of His Eminence the Grand Mufti of the Sultanate propagates
religious knowledge, issues fatwas (religious rulings) and represents the Sultanate
at Islamic events and conferences. The Ministry of Awqaf and Religious Affairs
oversees the Institute of Sharia Sciences, which trains imams and preachers and
awards a bachelor’s degree in Sharia Sciences (jurisprudence and preaching).
The Ministry invests Awqaf (endowments) and Bait al Mal (treasury) funds in
productive projects and provides facilities for the collection and distribution of
Zakat.

The Law
The rule and sovereignty of the law and the independence of the judiciary
are fundamental principles put in place to safeguard the rights of every Omani
citizen. The Sultanate’s modern, integrated judicial authority protects the status
of the judiciary and upholds its independence; it is structured in a way that
enables citizens and residents to exercise their legal rights as determined by the
constitution.
The role and neutrality of Oman’s judiciary is reinforced by the safeguards
contained in the Basic Law of the State which guarantee the rights of individual
citizens. An accused person is considered innocent until proven guilty in a legal
trial, with all the necessary guarantees put in place to ensure the rights of the
defendant are upheld.
No accused person may be subjected to physical or psychological abuse, and
there can be no crime or punishment except in accordance with the Law, before
which all citizens are equal. These and other safeguards are covered by the
provisions of Articles 17 to 27 of the Basic Law of the State.
A Supreme Judicial Council has been set up and other steps have been taken
to upgrade the judicial sector and make the right to legal recourse more easily
accessible to all citizens and residents. These steps include the training of members
of the judiciary, the renovation of court complexes and the construction of new
complexes and premises.
The Law on Conciliation and Settlement, promulgated under Royal Decree
No. 58/2005, made provision for the establishment of conciliation and settlement
committees in various parts of the country, thereby providing an additional channel
for resolving civil, commercial and personal status disputes within the context of
established Omani custom and enabling litigants to reach a settlement by mutual
consent without recourse to the full judicial process.
The conciliation and settlement committees have a social as well as a judicial
character. Each committee is headed by a judge and includes members with relevant
experience. In February 2008 the Minister of Justice, who is Deputy Chairman of
Overleaf: His Majesty the Supreme Judicial Council, issued a Ministerial Decision setting up a number
joins the Eid Prayers of additional conciliation and settlement committees; there are currently 31 such
at the A’Zulfa Mosque committees in different areas of the Sultanate.
in Seeb On 10th March 2008, Royal Decree No. 30/2008 promulgated the Juvenile
Accountability Law which came into effect six months after the date of its
publication in the Official Gazette.

OMAN 69

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