Sharia Law In Bahrain: Is It Enforced?

Bahrain, officially the Kingdom of Bahrain, is an island country in West Asia. It is situated on the Persian Gulf and is made up of a small archipelago of 50 natural islands and 33 artificial islands. The country is home to a population of 1,501,635 as of May 2023, with 712,362 Bahraini nationals.

Bahrain's legal system is a mix of English common law, codified systems, and Islamic law. The country gained full independence from Britain in 1971, and its legal system has since followed a similar pattern to other Arab states' legislation, particularly Egyptian codes.

The Bahraini Constitution states that Islam is the official religion of the country, and Article 2 affirms that Sharia is a principal source for legislation. The Bahraini judiciary is divided into secular and Sharia courts, with the latter further divided into Sunni and Shi'i departments. Sharia courts handle personal status laws, and in these courts, a Muslim woman's testimony is worth half of that of a Muslim man.

While the Bahraini Constitution provides for freedom of conscience, the inviolability of worship, and the freedom to perform religious rites, there are some limitations on these rights. The government prohibits anti-Islamic publications and mandates imprisonment for exposing the state's official religion to offense and criticism.

Bahrain's legal system draws from English common law, codified systems and Islamic law

Bahrain's legal system draws from English common law, codified systems, and Islamic law. The country gained independence from Britain in 1971, and its legal system has since followed a similar pattern to other Arab states' legislation, particularly Egyptian codes.

Bahrain's judiciary is divided into secular and Sharia courts. Sharia courts are further divided into Sunni and Shi'i departments, with jurisdiction over all disputes relating to Muslim personal status (except disputes over estates). There are three levels of Sharia Courts: Junior and Senior Sharia Courts, and the High Sharia Court of Appeal, which has ultimate appellate jurisdiction.

The Judicature Law of 1971 directs judges to have recourse to the following residuary sources of law, in the following order of precedence: principles of Sharia; custom; natural law or principles of equity and good conscience.

The civil courts have the power to settle commercial, civil, and criminal cases, as well as all other cases related to the personal status law (family law) of non-Muslims. The Sharia courts apply classical Islamic personal status law to Muslims without reference to state law.

Bahrain's legal system is based on civil law, customs, and Sharia (Islamic jurisprudence). The system mostly derives from the legal system of Egypt, which is based on the legal system of France.

Sharia law is the main source of legislation in Bahrain

Bahrain's judiciary is divided into secular and Sharia courts, which are regulated by the Bahrain Judicature Law of 1971. The Sharia courts are further divided into Sunni and Shi'i departments, each with their own judges. These courts have jurisdiction over all disputes relating to Muslim personal status, such as alimony, child custody, guardianship, inheritance, marriage, and divorce.

While the Sharia courts handle personal status laws, Bahrain's civil courts handle civil, commercial, and administrative matters. The Court of Cassation is the highest civil court in the country and has jurisdiction over civil, commercial, and non-Muslim personal status matters.

In addition to the Sharia and civil courts, Bahrain also has criminal courts that deal with criminal matters.

Bahrain's legal system has been influenced by its history and exposure to different legal traditions. The country gained independence from Britain in 1971 and has since followed a similar pattern of legislation to other Arab states, particularly Egyptian codes. The country's legal system draws from English common law, codified systems, and Islamic law.

The application of Sharia law in Bahrain is not limited to the judiciary. The country's labour law, for example, prohibits discrimination against workers on the basis of religion, among other factors. The law also prohibits wage discrimination based on religion.

While Bahrain's constitution guarantees freedom of conscience and the freedom to perform religious rites, there are some limitations on these rights. The government prohibits anti-Islamic publications and mandates imprisonment for "exposing the state's official religion to offense and criticism." Additionally, there have been reports of restrictions on the Shia Muslim community in the country, with human rights organisations documenting instances of discrimination and repression.

Bahrain's judiciary is divided into secular and sharia courts

The Judicature Law 1971 directs judges to have recourse to the following residuary sources of law, in the following order of precedence: principles of sharia; custom; natural law or principles of equity and good conscience.

There are three levels of Sharia Courts (Sunni and Ja'afari Departments) competent to hear personal status cases: Junior and Senior Sharia Courts and High Sharia Court of Appeal having ultimate appellate jurisdiction.

The Judicature Law also indicates the residuary sources of law in the absence of applicable provisions of law: judgements are to be derived from the principles of sharia; in the absence of applicable sharia provisions, on custom (with particular customs having precedence over general customs); and the final resort is natural law or the principles of equity and good conscience.

The Court of Cassation is the highest appellate court in each division of the judiciary. It has jurisdiction to hear challenges of final judgments issued by the competent courts of appeal in respect of civil, commercial, and criminal cases, and personal status matters for Muslims and non-Muslims.

The Sharia Court has jurisdiction to adjudicate all disputes related to the personal status of Muslims, save for disputes that are related to inheritance, which are under the jurisdiction of the competent Civil Courts. Each of the Sharia Courts is further divided into two divisions: the Sunni Sharia Division and the Jaafari Sharia Division, which have the competence to adjudicate personal status claims for Muslims on the basis of the claimant's sect at the time of filing the claim.

The Bahraini constitution provides for freedom of conscience, the inviolability of worship and the freedom to perform religious rites

Freedom of Conscience, Inviolability of Worship, and Freedom to Perform Religious Rites in Bahrain

Article 22 of the Bahraini Constitution provides for freedom of conscience, the inviolability of worship, and the freedom to perform religious rites and hold religious parades and meetings. However, the Bahraini government has placed some limitations on the exercise of these rights.

Freedom of Conscience

The Bahraini Constitution guarantees freedom of conscience, allowing individuals to hold and express their religious beliefs without interference from the state. This means that people in Bahrain are free to believe and follow the religion of their choice or no religion at all.

Inviolability of Worship

The Constitution also protects the inviolability of worship, ensuring that individuals can practice their religious beliefs without obstruction or interference. This includes the freedom to perform religious rites and hold religious gatherings and parades according to the customs observed in the country.

Freedom to Perform Religious Rites

Bahrain's Constitution grants individuals the freedom to perform religious rites, such as prayers, rituals, and ceremonies associated with their faith. This freedom allows people to openly express and practise their religious beliefs.

However, it is important to note that while the Bahraini Constitution provides for these freedoms, there are some limitations and restrictions in place. The Bahraini government requires religious groups to obtain licenses to operate and may place conditions on their activities. Additionally, there are laws prohibiting anti-Islamic publications and imposing penalties for blasphemy and defaming religious figures.

Furthermore, the interpretation and application of these freedoms can be complex due to the interaction between Sharia law and the civil code in Bahrain's legal system. Sharia law, or Islamic law, is recognised as a principal source of legislation in Bahrain, influencing personal status laws, family matters, and inheritance, among other areas.

In conclusion, while the Bahraini Constitution provides for freedom of conscience, inviolability of worship, and freedom to perform religious rites, the exercise of these rights is subject to certain limitations and the broader context of the country's legal system, including the influence of Sharia law.

The Bahraini constitution states that Islam is the official religion

The Bahraini constitution was adopted on May 26, 1973. Article 1(a) affirms that "Bahrain is an Arab Islamic State". Article 2 affirms Islam as the official state religion and identifies Sharia law as a main source of legislation.

The Bahraini judiciary is divided into secular and Sharia courts, which are regulated by the Bahrain Judicature Law of 1971. The Sharia courts are further divided into Sunni and Shi'i departments, with jurisdiction over all disputes relating to Muslim personal status (except disputes over estates). There are three levels of Sharia courts – Junior and Senior Sharia Courts, and the High Sharia Court of Appeal, which has ultimate appellate jurisdiction.

The Sharia courts apply classical Islamic personal status law. The Judicature Law directs judges to have recourse to the following sources of law, in the following order of precedence: the principles of Sharia; custom; natural law or principles of equity and good conscience.

The Bahraini legal system draws from both English common law and codified systems, as well as Islamic law. Bahrain gained full independence from Britain in 1971 and since then, its laws have followed a similar pattern to other Arab states, particularly Egyptian codes.

While the Bahraini constitution provides for freedom of religion, there are limits on this right. The government prohibits anti-Islamic writings and mandates imprisonment for "exposing the state's official religion to offense and criticism". All religious groups must obtain a license from the Ministry of Justice and Islamic Affairs (MOJIA) to operate.

The Bahraini constitution guarantees the right to express and publish opinions, provided these do not infringe on the "fundamental beliefs of Islamic doctrine". It also stipulates that Sharia forms the principal basis for legislation, although civil and criminal matters are governed by a civil code.

The Bahraini legal system consists of civil courts, criminal courts, and Sharia courts. The Sharia Court has jurisdiction to adjudicate all disputes related to the personal status of Muslims, except for disputes related to inheritance, which are under the jurisdiction of the civil courts.

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