1.1 What are the relevant statutes and codes?
Please find below a list of the relevant laws in the Kingdom of Bahrain that would be applicable to cases pertaining to domestic violence:
- Law No. 5 of 2002 approving the accession to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and its amendments
- Law No. 17 of 2015 in relation to protection against domestic violence ("Domestic Violence Law")
- the Constitution of the Kingdom of Bahrain dated 14 February 2002 and its amendments ("Constitution")[1]
- Law No. 15 of 1976 and its amendments ("Penal Code")
- Law No. 37 of 2012
- Law No. 19 of 2017 ("Family Law")[2]
- Law No. 26 of 1986, which guarantees the referral of family dispute cases to the Family Reconciliation Office prior to submission to the Sharia courts
- Supreme Order No. 44 of 2001 establishing the Supreme Council for Women, an advisory body under the auspices of the king, which is responsible for drafting the general policy and acts as a reference on women's affairs for official bodies
1.2 What is the controlling case law?
The Kingdom of Bahrain is not a common law country and, as such, the concept of case law precedents does not apply to the Kingdom of Bahrain.
1.3 What are the specific parts of the court system that address domestic violence?
Family courts would deal with domestic violence in the event that domestic violence has occurred in the context of a marriage. However, no specialized domestic violence courts in the Kingdom of Bahrain deal with domestic violence outside the sphere of marriage. In this event, civil and criminal courts would deal with such cases under the relevant laws set out above.
1.4 What are potential causes of action?
Pursuant to the Penal Code, the following may be considered grounds for bringing a case of domestic violence:
- Assaulting another without their consent is punishable by way of imprisonment for a maximum period of 10 years.[3]
- Verbally assaulting a female in public or through the phone is punishable by way of imprisonment for a period not exceeding three months or a fine.[4]
- Committing physical assault against another person, which causes the victim illness or the inability to perform personal matters for a period of more than 20 days is punishable by way of imprisonment or a fine, and the sentence would be increased if the assault is against a pregnant woman and results in a miscarriage.[5]
- Committing physical assault against another in any manner where such assault results in permanent disability that was not intended is punishable by way of imprisonment for a maximum period of five years.[6]
- Causing a permanent disability to another person is punishable by way of imprisonment for a maximum period of seven years.[7]
- Committing physical assault against another in any manner without an intention to kill but such assault leads to the death of the victim is punishable by way of imprisonment for a maximum period of seven years.[8]
- Any wrongdoing or mistake affecting the safety of another person's body is punishable by way of imprisonment for a maximum period of three years or a fine. The sentence will be increased if the wrongdoing/mistake results in a permanent disability or if the incident has occurred due to intoxication or the wrongdoing/mistake leads to the victim's death.[9]
- Causing a woman to have a miscarriage without her consent is punishable by way of imprisonment not exceeding 10 years.[10]
- Endangering the life of another who is unable to protect themselves due to their health or mental condition, or forcing another person to commit such act is punishable by way of imprisonment for a minimum period of three months and/or a fine. The punishment may be increased if the crime is committed in an area where no other people are around or if such act results in the death or permanent disability of the victim, or if such crime is committed by one of the victim's parents or grandparents or someone who has authority over the victim or who is considered the victim's guardian.[11]
- Publishing the name or photographs of victims of rape and indecent assault crimes is punishable by way of imprisonment for a period not exceeding one year or a fine.[12]
- Having sexual intercourse with a female without her consent is punishable by way of life imprisonment and/or the death penalty if the victim is less than 16 years old.[13]
- A person who encounters their spouse in the act of adultery and immediately kills their spouse and his/her partner or assaults them leading to their death or disability will be imprisoned.[14]