'File 18/4 Jurisdiction Over Foreigners in Qatar: Qatar Order in Council' [‎216r] (431/520)

RESTRICTED.
17/13/50.
British Agency An office of the East India Company and, later, of the British Raj, headed by an agent. ,
Doha,
20th September, 1950
You will recall that when you were visiting
^ hvLii'A*
Qatar I questioned the interpretation of the expression
"Qatar Subject" in the Order-in-Council.
Order-in-Council (Part 1 Artcile 4) is "a subject of the
Shaikh of Qatar or any Muslim person not being a British
Subject". My question concerns only the "Muslim person".
I do not know what the intention or policy was at the time
the Order was drawn up, but it seems to me that Muslem
person can only be interpreted to mean one whose relgion
is Islam. In other words it does not mean a subject of
a Muslim State as in the case I believe in other Orders-in-
Council. If this so it would follow that any Muslim not
a British subject is a Qatar subject under the order-in-
Council e.g. a French Muslim could be subject to the juris
diction of the Shaikh of Qatar.
3. Apart from the need for a clear definition of this
question to clarify any doubts that may arise if cases are
brought to me, there is ^point of policy. As you know well,
Qatar lacks skilled workers of all sorts, clerks,, mechanics,
engineers and so on. Until the local population^educated
it is therefore necessary to import these types or workers
and a good proportion have so far come from that part of
Palestine that is now Jordan.
4. It is in the interest of Qatar that this Ordo-y fUtUJ
continue. If it is known, however, that a Christian Jor
danian is subject to the jurisdiction of the Ruler of Qatar
there may possibly be a drop in the number of people willing
to come. It is well known that the amenities of Doha are very
few, that the Adviser has not yet got the Government working
properly and above all that there is no proper system of
Justice. The Ruler is able to refuse to hear a case afti the
Qadi is not a good man. It is therefore at great risk that
a Christian Jordanian for example comes to Qatar, if the
Order-in-Council is interpreted to mean that a subject of
Muslim State is subject to the Ruler’s Jurisdiction.
5. I recommend that the expression "Muslim person" in
the Order be interpreted to mean that any person whatever
his nationality whose religion is Islam is subject to the
Ruler’s jurisdiction^ The chance of a Muslim from a country
outside the Middle East wisiting Qatar and getting involved
. in a Court case is so remote at present that we need not
consider it.
2
The meaning given to this expression by the
6
I shall be grateful for your views
R. McC. Andrew, Esq.,
Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. ,
Bahrain.