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Bahrain Legal System
The legal system of Bahrain in 1993 was based on
several
sources, including customary tribal law (urf),
three
separate schools of Islamic sharia law, and civil law as
embodied
in codes, ordinances, and regulations. Sharia law includes
the
Maliki school of Islamic law (from Abd Allah Malik ibn
Anas, an
eighth-century Muslim jurist from Medina) and the Shafii
school
of Islamic law (from Muhammad ibn Idris ash Shafii, a late
eighth-century Muslim jurist from Mecca). Both of these
schools
are recognized by Sunni Muslims
(see Sunni Islam
, ch. 1).
The
third school is the eighth-century Jaafari (from Jaafar
ibn
Muhammad, also known as Jaafar as Sadiq, the Sixth Imam)
school
of Twelver Islam, recognized by Shia
(see Shia Islam
, ch.
1).
Civil law is heavily influenced by British common law,
inasmuch
as it was developed by British legal advisers beginning in
the
1920s and continuing up to the eve of independence in
1971.
According to the constitution of 1973, the judiciary is
an
independent and separate branch of government. However,
the
highest judicial authority, the minister of justice and
Islamic
affairs, is appointed by, and responsible to, the prime
minister.
The amir, who retains the power of pardon, is at the
pinnacle of
the judicial system.
Bahrain has a dual court system, consisting of civil
and
sharia courts. Sharia courts deal primarily with personal
status
matters (such as marriage, divorce, and inheritance).
Sharia
courts of first instance are located in all communities. A
single
sharia Court of Appeal sits at Manama. Appeals beyond the
jurisdiction of the sharia Court of Appeal are taken to
the
Supreme Court of Appeal, which is part of the civil system
(see Bahrain: Internal Security
, ch. 7).
The civil court system consists of summary courts and a
supreme court. Summary courts of first instance are
located in
all communities and include separate urf, civil,
and
criminal sections. The supreme courts hear appeals from
the
summary courts. The Supreme Court of Appeal is the highest
appellate court in the country. The Supreme Court of
Appeal also
decides on the constitutionality of laws and regulations.
Data as of January 1993
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