Page 54 - The Arabian Gulf States_Neat

liv THE LEGAL STATUS OF THE ARABIAN GULF STATES

transferred to civil courts. Nevertheless, since Shari’a law is still the
basic authority, all matters not expressly transferred to the civil
courts continue to be within the general jurisdiction of the Shari’a
court. In the case of Sharjah, civil courts have been set up with
K* limited jurisdiction in commercial, labour and traffic matters. In the
rest of the Emirates, the position of the Judiciary remains
rudiamentary.
: Termination of British Extraterritorial Jurisdiction1

By agreement with the Rulers of the Emirates (previously known as
the Trucial States), the British Government had retained
extraterritorial jurisdiction in the territories of the Rulers
I
concerned. This British jurisdiction, based upon the authority of the
; Foreign Jurisdiction Acts, 1890 and 1913, was first exercised in the
territories of the seven Emirates by virtue of the Trucial States
Order in Council, 1946. Originally, British foreign jurisdiction in the
said territories extended to all persons except nationals of the
“Rulers of the Trucial States”. But after 1964, the British
Government adopted a gradual process of transferring jurisdiction
to the Rulers’ own courts in respect of certain categories of
foreigners (i.e. mainly nationals of Arab and Muslim countries
outside the British Commonwealth). In addition, jurisdiction was
latterly transferred to the Ruler’s courts in respect of
subject-matters, irrespective of the nationalities of persons
involved. This process preceded the final termination in December,
1971, of British foreign jurisdiction in the territories of the seven
Emirates. Accordingly, by agreement with their Rulers, the British
Government relinquished the extraterritorial jurisdiction conferred
by “the Trucial States Orders 1959 to 1969” regarding these
Emirates.2 In practice, the agreement to terminate this jurisdiction
was made effective as a result of passing three Queen’s Regulations
made under Article 77 of the Trucial States Orders 1959 to 1969.
These were: The Trucial States Transfer of Jurisdiction Regulation
-T. ?1 1971, dated 16 November 1971; The Trucial States Transfer of
Jurisdiction 1972, dated 4 March 1972; The Trucial States
Termination of Jurisdiction Regulation 1972, dated 18 March 1972.3
Consequently, the Rulers of these Emirates have resumed full
jurisdiction over all persons in their territories, irrespective of
nationalities.
1. For a general description of the exercise of British foreign jurisdiction in the
Gulf see this book at p. 10, below.
? For the Laws and Regulations made under the Trucial States Orders 1959 to
1969 see P.G. Gaz. (Suppls.) Years 1959-1969.
3. See P.G. Gaz Vol. 20, No. 1, London, May 1972.

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