The Basic Statute of the State, issued by Royal Decree 6/2021, replacing the Basic Statute of the State 1996, sets out the rules for who becomes Sultan of Oman. The statute reshaped Oman’s constitutional framework by establishing a defined order of succession beginning with the Sultan’s eldest son. This blog post explores Oman’s succession framework, covering eligibility, the prescribed order of succession, the arrangements for an heir under twenty-one, and the continuity of government during the transition period.
How This Differs from the 1996 Constitution
Under the Basic Statute of the State 1996, succession did not follow a predetermined order. Instead, the choice of successor was entrusted to the Royal Family Council, which had three days following a vacancy to select an eligible male descendant of Sultan Turki. Upon failure to reach a consensus, the Defence Council, alongside the chairmen of the State Council and the Shura Council, the Chairman of the Supreme Court and the two most senior of his deputies, would confirm the late Sultan’s nominee, as identified in a letter addressed to the Royal Family Council.
This mechanism was used on a single occasion, in January 2020, when the Royal Family Council elected to open the late Sultan Qaboos bin Said’s letter naming His Majesty Sultan Haitham bin Tarik as the successor to the throne. The 2021 Basic Statute of the State replaced these arrangements with a prescribed order of succession under article 5.
Who Can Succeed to the Throne
Article 5 of the Basic Statute of the State provides that “the ruling system is Sultani (Royal), hereditary through the male descendants of Sultan Turki bin Said bin Sultan”. This confines succession to the male line descended from Sultan Turki. Beyond lineage, article 5 prescribes three further conditions for eligibility: the successor must be “Muslim, rational, and a legitimate son of Muslim Omani parents”.
The Order of Succession
Article 5 provides that “title to the throne passes from the Sultan to His eldest son, followed by the eldest son of this son, and by a similar process afterwards”. This is a system of male primogeniture, as it prioritises the eldest son and his male-line descendants. The article then sets out what happens if that line runs out:
- The eldest son and his line: The Sultan’s eldest son succeeds to the throne. If the eldest son dies before ascending the throne, succession passes to his eldest son, who retains priority over the deceased’s brothers in the order of succession.
- Brothers and nephews: If the Sultan has no sons, succession passes to his eldest surviving brother. If no brothers survive, succession proceeds to “the eldest son of his other brothers”.
- Paternal uncles and their sons: In the absence of brothers and nephews, succession extends to the Sultan’s paternal uncles and their sons, in accordance with the same order of succession prescribed for brothers and their sons.
Through these provisions, the statute establishes a clear order for identifying the successor to the throne.
Succession and Regency Arrangements
Article 6 addresses the case where the successor to the throne is under the age of twenty-one. In this case, a council of regency is entrusted to exercise the Sultan’s powers; the council may be appointed by royal directive.
If no council of regency has been appointed in the event of a vacancy of the throne, the Royal Family Council is responsible for appointing it. This Royal Family Council must comprise a brother of the Sultan and two sons of his paternal uncles.
In this sense, the Royal Family Council, established under article 9, is entrusted with a defined function. However, its role is limited to appointing a council of regency, rather than selecting the successor to the throne.
The Constitutional Oath and the Transition of Power
Article 10 requires a new Sultan to be sworn in before he can use any of his powers. The oath is given at a sitting of Majlis Oman, attended by the members of the Royal Family Council, the Council of Ministers, and the Supreme Judicial Council.
Despite this, to prevent any disruption to the functioning of the state during the transition, article 11 requires the government to continue discharging its duties until the Sultan officially takes the throne.
Conclusion
The significance of the 2021 reforms lies in settling the question of succession. Under the previous system, the choice followed a vacancy; however, under the current framework, the law establishes the answer in advance. As a result, this framework provides greater certainty about who succeeds to the throne, the conditions and procedures governing succession, and the exercise of governmental and royal powers during the transition.
We highly recommend everyone make themselves familiar with the Basic Statute of the State. You can read it in full at the link below:
