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LEGAL AND CONSTITUTIONAL DEVELOPMENTS lix
A. Constitutional System
The Sultanate of Oman may be described as an absolute, albeit
benevolent, hereditary monarchy. The Sultan is the supreme Head
who has direct control over the government of his country. He also
acts as a Prime Minister. But there appears to be no modern cabinet
system of government in Oman. The Sultanate may be described as
an Arab Islamic State which regards the Islamic Shari’a as the main
source of legislation. Islam, as based on the Ibadi sect, is the official
religion of the State. The system of government in Oman is not
governed by any written constitution.
1. Nationality
Before 1972, the Sultanate had no nationality law regulating the
status of Omani nationals. The holder of an Omani (previously
Muscati) passport was, therefore, regarded as a prima facie Omani
national. However, in January 1972, the first nationality law (Law
No. 1 for 1972)1 in the history of Oman was enacted by the Sultan.
The said law was put into force on 4 April 1972. The Omani
Nationality Law, which comprises 18 Articles, defines two main
categories of Omani nationals as follows:
1. An Omani by Law: According to Article 1, this applies to: (a) A
person born, in or outside Oman, from an Omani father, (b) A
person born in Oman from unknown parents, (c) A foundling found
in Oman, (d) A person born, in or outside Oman, from an Omani
mother, when his father is unknown or his relation to his father is
not legally proved or when his father is stateless, (e) A person born
in Oman, from a father born in Oman, provided that he has
established his ordinary residence in Oman and that his father was
not holding any other nationality on the day of his birth, (f) A person
who is an Omani descendent but who has neither obtained another
nationality nor opted to choose the Omani nationality, in
accordance with the regulations in force.
However, in view of the fact that the “Question of Oman” had figured on the
General Assembly’s agenda for many years in the past, the Assembly therefore
decided, toadopt “astatement.recommendedby its FourthCommittee, resolving
to conclude consideration of the Question of Oman”. The adoption of this
statement by the General Assembly preceded its approval of the Resolution on
the admission of the Sultanate to the United Nations.
See Keesing’s op. cit. (1971-72) pp. 24670B-24908C; Arab Report & Record,
(1971) pp. 163, 287, 435, 471, 503, 527.
And see on “Oman”, U.N. Report of the Secretary-General on the Work of the
Organization, 16 June 1971-15 June, 1972, (1972), pp. 68-9, 91.
1. See Arabic Text of Omani Nationality Law No. 1 for 1972, published in The
Compilation of Operative Laws, assented to by the Sultan on 13 December 1972.
(Translation of above mentioned law is provided by the author.)