Bahrain’s law is based on the Islamic system of law known as Sharia (or Shari’a or Shariah). However it is less strictly enforced than in some other Gulf countries. The law is derived from four sources: the Holy Koran (Qu’ran), Sunnah, Ijma and Qiyas. The Holy Koran, being the word of God (Allah), is the principal source. The Sunnah comprises the accepted deeds and statements of the Prophet Mohammed, accepted by the whole Islamic world (the Ummah). Ijma is a consensus among religious scholars (the Ulema) regarding solutions to matters not specifically covered in either the Koran or the Sunnah. In difficult cases, where there’s no information to provide the basis for a clear decision, ‘analogous consideration’ (Qiyas) is applied in conjunction with the three other sources of the law.
In Sharia law, as in other legal systems, a person is presumed innocent until proven guilty. The plaintiff and defendant are equal before the law – i.e. in a court of law – and it’s incumbent upon the former to provide proof of guilt. This involves producing two or four eyewitnesses, depending on the seriousness of the crime. If a plaintiff isn’t able to produce eyewitnesses, he can insist on the defendant swearing an oath as to his innocence. If the defendant refuses to take this oath, he’s judged to be guilty, as perjurers suffer hellfire and eternal damnation according to Muslim belief. Jews and Christians swear a different oath, but it has equal validity. A judge (qadi) presides over the court and can put questions to all parties at will. There are no juries and often no lawyers to present the case for their clients. There are systems of appeal, which can be used in cases of serious crime and punishment.
According to ancient law, the payment of ‘blood money’ (diya) for injury or death can be requested by the victim’s family as compensation. The amount of blood money required varies between the states (it’s most likely to be exacted in Kuwait, Saudi Arabia and the UAE) and according to the circumstances of the death and to the extent of the hardship that the death will cause. For example, the death of a father of 12 would attract a larger payment than that of a child. A local Muslim’s life will be assessed for a larger financial benefit than people of other religions, faiths or nationalities. For example, in Saudi Arabia, a male Muslim’s life is worth SR100,000 (around $24,000), but Christians are worth only around half as much. And if the incident occurs in the Holy month of Ramadan, the penalty is usually doubled.
Under Sharia law, the crimes that carry defined penalties are murder, apostasy (rejection or desertion of Islam), adultery, fornication, homosexuality and theft. Interpretations of the law and punishments vary from state to state. Lesser offences might include debt, usury, alcohol and drug abuse, and use of pornography.
As an expatriate, you’re subject, of course, to the laws of the country you’re in. If you’re thought to have broken a law, you’re taken under arrest to a police station, questioned and instructed to make a statement. Up to this point, it’s highly unlikely that you will be allowed access to outside help, either legal or consular. If the offence is deemed serious enough to warrant your detention, you might have to wait some time before your case comes up. You will be allowed legal representation, but everything will be conducted in Arabic. Your statement will be translated into Arabic, and it’s important to insist that an appropriate official, e.g. a member of staff from your consulate, checks the accuracy of the translation and the content of anything you’re required to sign. If no one is available to do this, you should refuse to sign, or sign with an endorsement to the effect that you don’t have a clear understanding of the document.
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