Bahrain · Overview
The legal system of Bahrain
A civil-law system with Sharia personal status, and the Gulf state that has gone furthest in codifying family law: the 2009 Family Law finally reduced Sunni personal status to statute, and a 2017 amendment extended unified codification to the Shia community, which had previously been governed by uncodified jurisprudence. The civil code follows the Egyptian Civil Code of 1949, which transmitted French civil-law structure into the Arab world, while personal status, succession and family matters remain governed by Sharia as applied by the courts. Bahrain permits foreign freehold ownership in designated areas more liberally than most of the region, hosts the Bahrain Chamber for Dispute Resolution operating with the AAA, and allows full foreign ownership of companies in most sectors.
Legal tradition
Bahrain belongs to the mixed (civil law and islamic law) tradition. A civil-law system with Sharia personal status, and the Gulf state that has gone furthest in codifying family law: the 2009 Family Law finally reduced Sunni personal status to statute, and a 2017 amendment extended unified codification to the Shia community, which had previously been governed by uncodified jurisprudence. The civil code follows the Egyptian Civil Code of 1949, which transmitted French civil-law structure into the Arab world, while personal status, succession and family matters remain governed by Sharia as applied by the courts. Bahrain permits foreign freehold ownership in designated areas more liberally than most of the region, hosts the Bahrain Chamber for Dispute Resolution operating with the AAA, and allows full foreign ownership of companies in most sectors.
How power is divided
Unitary. Four governorates administered centrally; elected municipal councils were abolished as a tier in 2014 and their functions transferred to the governorates.
Where law comes from
- The 2002 Constitution
- As amended in 2012; Sharia is a principal source of legislation.
- Laws of the National Assembly and royal decrees
- Decree-laws are used extensively between sessions.
- Civil Code 2001 and Commercial Code 1987
- Egyptian-model codifications of obligations and commerce.
- Family Law 2009, extended 2017
- Codified personal status for both the Sunni and Ja'fari communities.
- Constitutional Court judgments
- Binding as to the validity of legislation.
The legal profession
Advocates are licensed by the Ministry of Justice; Bahraini nationality is required for rights of audience before the higher courts, and foreign firms practise in association with local counsel. Bahrain is unusual in the region for the number of foreign firms permitted to advise, reflecting its role as a financial centre. Judges are appointed by royal order on the recommendation of the Supreme Judicial Council, and notarial authentication is required for property transfers and powers of attorney.
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