The Sultanate of Oman’s constitution lays the foundation for legal procedure as well as the procedure for the election of a successor. Some western observers were disappointed that it was not as progressive as had been expected. Others pointed out that rapid social development could not be expected to succeed without some basis in tradition.
The constitution is divided into seven parts. The following selection serves to convey the spirit of this Basic Law of the State with its 81 articles.
Article 2 [Religion]: The religion of the State is Islam and the Islamic Shariah is the basis of legislation.
Article 5 [Form of Government]: The system of government is an hereditary Sultanate in which succession passes to a male descendant of Sayyid Turki bin Said bin Sultan. It is a condition that the male who is chosen to rule should be an adult Muslim of sound mind and a legitimate son of Omani Muslim parents.
Article 6 [Succession]: (1) Within three days of the position of Sultan becoming vacant, the Ruling Family Council shall determine upon who will succeed to the Throne. (2) If the Ruling Family Council does not agree upon a successor, the Defense Council shall confirm the appointment of the person designated by the Sultan in his letter to the Family Council.
Article 7 [Oath of the Sultan]: Before exercising his powers the Sultan shall swear the following oath at a joint session of the Oman and Defence Councils: „I swear by Almighty God to respect the Basic Law of the State and the Laws, to fully protect the interests and freedoms of the citizens, and to preserve the independence of the country and its territorial integrity.“
Article 9 [Substantive State Principles]: Rule in the Sultanate shall be based on justice, Shura Consultation, and equality. Citizens shall have the right to take part in public affairs, in accordance with this Basic Law and the conditions and circumstances defined in the Law.
Article 10 [Political Principles]: […] Laying suitable foundations for the establishment of the pillars of genuine Shura Consultation, based on the national heritage, its values and its Islamic Shariah, and on pride in its history, while incorporating such contemporary manifestations as are appropriate. Establishing a sound administrative system that guarantees justice, tranquility and equality for citizens, ensures respect for public order and safeguards the higher interests of the country.
Article 11 [Economic Principles]: The basis of the national economy is justice and the principles of a free economy. The State encourages saving and oversees the regulation of credit. All natural resources are the property of the State. […] Public property is inviolable. […] Private property is protected. […] Confiscation of property is prohibited and the penalty of specific confiscation shall only be imposed by judicial order in circumstances defined by the Law.
Article 12 [Social Principles]: Justice, equality and equality of opportunity between Omanis are the pillars of society, guaranteed by the State. […] The State guarantees assistance for the citizen and his family in cases of emergency, sickness, incapacity and old age in accordance with the social security system. It also encourages society to share the burdens of dealing with the effects of public disasters and calamities. The State enacts laws to protect the employee and the employer, and regulates relations between them. […]
Article 13 [Cultural Principles]: Education is a fundamental element for the progress of society which the State fosters and endeavours to make available to all. […]
Article 16 [Deportation, Right of Entry]: It is not permitted to deport or exile citizens, or prevent them from returning to the Sultanate.
Article 17 [Citizen Equality, No Discrimination]: All citizens are equal before the Law, and they are equal in public rights and duties. There shall be no discrimination between them on the grounds of gender, origin, colour, language, religion, sect, domicile or social status.
Article 20 [Personal Integrity]: No person shall be subjected to physical or psychological torture, enticement or humiliating treatment, and the Law lays down the punishment for anyone who is guilty of such actions. No statement shall be valid if it is established that it has been obtained as a result of torture, enticement or humiliating treatment, or threats of such measures.
Article 22 [Presumption of Innocence, Due Process, Personal Integrity]: An accused person is innocent until proven guilty in a legal trial which ensures him the essential guarantee to exercise his right of defence according to the Law. It is prohibited to harm the accused either bodily or mentally.
Article 27 [Home]: Dwellings are inviolable and it is not permitted to enter them without the permission of the owner or legal occupant, except in the circumstances specified by the Law and in the manner stipulated therein.
Article 28 [Religion]: The freedom to practice religious rites in accordance with recognised customs is guaranteed provided that it does not disrupt public order or conflict with accepted standards of behaviour.
Article 29 [Expression]: Freedom of opinion and expression, whether spoken, written or in other forms, is guaranteed within the limits of the Law.
Excerpt from OMAN (www.oman.de ) - the travel guide by Georg Popp, Arabia Felix Synform GmbH