Omani society has been influenced by its language and religion. These two factors are reflected in the structure of the Basic Statute.145 The first
article of the OBSS146 states that ‘the Sultanate of Oman is an Arab,
Islamic, independent State’. This article gives importance to the cultural character of Omani society related to its language and religion.147 The
Arabic language is dominant in Oman, though other languages exist and are in use. In the capital of Oman, ‘Muscat’ English is widely spoken, particularly in business spheres. Furthermore, a small number of individuals speak their own languages, such as Asian languages.148
144 Culture can be defined as an ‘integrated pattern of human knowledge, beliefs, and
behaviour that is both a result of and integral to the human capacity for learning and transmitting knowledge to succeeding generations. Culture thus consists of language, ideas, beliefs, customs, taboos, codes, institutions, tools, techniques, works of art, rituals, ceremonies, symbols.’ See Encyclopaedia Britannica, Britannica Concise Encyclopedia (Shanghai Foreign Language Education Press, Shanghai 2006) 430.
145 David Pimentel states in his conclusion, ‘Some cultures have features that may be
helpful and supportive in the effort to establish the Rule of Law, such as respect for authority, or extra-legal incentives to avoid anti-social behaviour. Some cultures have components that are inherently destructive of the Rule of Law, such as a longstanding tradition of public corruption. Local culture can, therefore, present either opportunities or obstacles for the Rule of Law promotion efforts. The constitution must be drafted with this in mind, leveraging and building upon those aspects of existing culture that serve Rule of Law objectives, while accommodating and mitigating those that threaten to undermine the Rule of Law.’ See David Pimentel, ‘Culture and the Rule of Law: Cautions for Constitution-Making’ (Works.bepress.com 2012) <http://works.bepress.com/david_pimentel/13/> accessed 29 September 2015.
146 R.D. 101/96.
147 The question must be asked why the Omani government chose the phrase ‘the Basic
Statute’ rather the more usual phrase ‘Constitution of the State’. ‘Constitution’ – dustur in Arabic – is not the correct Arabic word. It has a Persian origin and it is not mentioned in previous wholly Arabic lexicons before 1869. On the other hand, ‘Basic Statute’ – netham asasi in Arabic – is a term with an Arabic origin. This was a result of the current sultan’s efforts, where he avoids the use of terminologies which have no source or are not used in the Arabic language in order to preserve the culture of the country. According to N. Siegfried (2000), ‘… the connotation of the term dustur bears a European influence. Therefore, governments wanting to emphasise the importance of Islamic principles in the basic law also avoid the term dustur’. See Nikolaus A. Siegfried. ‘Legislation and Legitimation in Oman: The Basic Law’ (2000) 7(3) Islamic Law and Society 362.
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Minorities of Omanis speak Swahili, especially those who came from Tanzania. The Mehri language is spoken in the south of Oman.
Article 3 of the OBSS states that Arabic is the official language.149 As a
result, the Omani government implemented this requirement in its laws; for example,150 according to Article 3 of the Criminal Procedures Law,151
the conduct of all procedures stipulated in that law must be conducted in the Arabic language, and the court should hear the statements of litigants and witnesses in Arabic. When litigants or witnesses are not Arabic speakers, the courts should rely on a translator after the oath. Furthermore, in Article 27 of the Civil and Commercial Legal Procedures Law, Arabic is the language of litigation and courts will not accept any papers or documents, unless they are edited in Arabic or accompanied by Arabic translation. It applies the same requirement when litigants and witnesses are not Arabic speakers as stated in the Criminal Procedures Law, mentioned above.152
One consideration that must feature prominently when any domestic laws are drafted is that they must rely on Sharia or Islamic law. The basic statue mentions the phrase ‘Islam’ and ‘Islamic’ several times. The first article of the OBSS states that ‘the Sultanate of Oman is an Arab, Islamic and independent State’, which refers to the state belonging to the Islamic nation.153 In addition, the OBSS contains a clause which states that ‘[t]he
State’s religion is Islam and the Islamic Shari’a is the basis of legislation’.154 The classification of Sharia law as the basis of legislation
does not mean that it is as a main or principal source of legislation. However, this clause of the OBSS can be considered to be of prescriptive
149 R.D. 97/99
150 Marashaha, M. (2005). Views over the Basic Statute. The Basic Statute
Characteristics (in Arabic).
151 R.D. 101/96. 152 R.D. 97/99.
153 OBSS, R.D. 101/96. 154 R.D. 101/96, art 2.
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rather than descriptive character. Therefore, lawmakers should take into consideration that when they draft any law, particularly related to IP laws, they should comply with Sharia law. This enhances the important role of Sharia in Omani public life.
It should be noted that the Oman government stressed the importance of protecting Omani culture over its OBSS, 155 in particular when
implementing international agreements into domestic laws, which must be implemented in Arabic. Additionally, the procedures must be followed when dealing with civil, commercial and criminal cases, as well as IP disputes. The laws must be in accordance with Islamic Sharia.