Bahrain’s Shura approves unified family draft law

Legislation heralds a major breakthrough in terms of legal status of women

The upper chamber of Bahrain’s bicameral parliament yesterday endorsed a unified family law draft that aims to improve the legal status of women, one week after the lower chamber approved it.

Twenty-nine members of the 40-seat Shura Council present during the session voted in favour of the draft and expressed their full support for a law that has been eagerly awaited by Bahraini women.

During the debate, Shura members from across the political spectrum held the view that the new law would make a significant difference in protecting Bahraini families and reinforcing the social fabric.

“This law is not just for families, but it is for all Bahrain,” Shura Chairman Ali Al Saleh said in his comments. “This law proves that there is no way anyone can divide us. It shows that we Bahrainis from various sects share the same core. By endorsing the law, we are reacting to all those who want to incite sectarianism and divisions.”

The unified family draft law was submitted by members of the Shura Council earlier this year in the hope of a major breakthrough for families in general and women in particular in the kingdom.

The bill covers the rights of people from both the Sunni and Shiite sects.

Currently, Sunnis and Shiites have their separate Sharia courts that deal with personal law issues and family matters.

On July 13, the legislation was approved by the 32 lawmakers present at the extraordinary session of the Council of Representatives.

The draft law won approval following a series of arguments in which lawmakers highlighted the scope of its provisions in protecting family bonds and strengthening the larger social fabric.

Justice Khalid Bin Minister Shaikh Ali Al Khalifa said that the new family law would reinforce the authority of the state and consolidate the rule of law.

“The new law in its current form will establish a new phase of strengthening the social fabric of the family in Bahrain,” the minister said following the unanimous vote by the Council of Representatives.

“I did take part in some of the sessions of the religious committee and I was proud of their patriotism and their keenness on religious ethics, values and the specificities of each sect.”

All articles in the proposed law are based on recommendations given by a religious committee set up by King Hamad Bin Eisa Al Khalifa comprising religious scholars from the Sunni and Shiite sects.

The draft law consists of 141 articles dealing with the provisions of engagement, marriage, custody, alms, alimony, and divorce, according to the Sunni and Shiite jurisprudence.

Following the approval of the two parliamentary chambers, the draft will become law and, when it comes into force as expected, it will apply to all family matters regardless of the sects.

The law and will not be amended unless a committee of religious scholars from both sects appointed by the king approves the changes.