Is the father more entitled to care for his children, or is the mother considered more suitable because she is often better able to understand their needs and spends more time with them during the day?
Amid ongoing debates about child custody and continuous disputes regarding Daughter Custody Rights After Divorce in Bahrain,
we aim to provide a clear answer based on the provisions of the applicable Bahraini law.
Are you unable to sleep because you fear losing custody of your daughter after separation and damaging her emotional stability?
Do not leave her future vulnerable to legal gaps.Book an urgent consultation to protect your daughter’s custody rightsOr continue reading the article to better understand the legal custody age limits and the child’s right to choose.
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Law Regarding Daughter Custody Rights After Divorce in Bahrain
The custody law in Bahrain regulates child custody after divorce through several legal provisions.
Below, we will discuss Article (124), as it specifically addresses entitlement to custody of a daughter, which states the following:
- According to Sunni Islamic jurisprudence, a woman’s custody period ends when the male child reaches fifteen years of age, while for a female child, custody ends when she gets married and the marriage is consummated.
- According to the custody provisions applied before the Jaafari courts, the mother’s custody ends when the son or daughter completes seven years of age. After reaching the age of seven, custody is transferred to the father.
It becomes clear that custody rules applied before Jaafari courts differ from those applied before Sunni courts.
Before Jaafari courts, custody is considered a joint responsibility of both parents. If divorce occurs, the daughter remains under the mother’s custody until she reaches the age of seven. After that age, custody is granted to the father.
The father remains responsible for supporting the daughter under custody until she gets married. This financial support includes monthly maintenance, Eid clothing expenses, and education costs. These obligations are established before all Jaafari courts, with no dispute regarding them and no room for personal interpretation.
Regarding Sunni Sharia courts, a noticeable positive change occurred after implementing the Family Law, particularly through faster resolution of cases and simplifying procedures for litigants.
This improvement was especially significant in custody cases, maintenance claims, and divorce due to harm, which greatly contributed to reducing hardship for families in general, and for women and children in particular, as they are often the most affected and vulnerable parties in family disputes.
The approval of the second section of the Family Law helped provide stability and protection for Bahraini families by clearly defining the rights and responsibilities of all family members.
This was achieved in accordance with the principles and provisions of Islamic law, preserving the family structure and strengthening family relationships. It also simplified procedures and transactions before Sharia courts for judges and litigants in a manner consistent with Islamic legal principles.
Frequently Asked Questions About Custody Rights Under Bahraini Law
Some of the important questions commonly raised regarding custody include:
What Are the Custody Requirements for a Divorced Woman?
Under Article (126) of the Bahraini Custody Law, the custodian must meet the following conditions:
1. Be Muslim.
2. Be of sound mind and have reached the age of maturity.
3. Be trustworthy in caring for the child.
4. Have the ability to raise, care for, protect, and manage the child’s interests.
5. Be free from serious and contagious diseases.
Can the Father and Mother Agree on Custody in Bahrain?
Yes, the father and mother may agree on custody arrangements in Bahrain according to Article (90) of the new Bahraini Family Law.
When filing for divorce, both parties may agree on:
Custody rights.
The number, place, and time of the child’s visits.
The agreement is recorded in the divorce document and is considered immediately enforceable by law.
Who Has the Right to Custody in Jaafari Courts in Bahrain?
According to Jaafari jurisprudence, the mother’s custody period ends when the child (whether a son or daughter) reaches the age of seven. After that, custody is transferred to the father.
This concludes our article about Daughter Custody Rights After Divorce in Bahrain, where we have presented the most important information regarding daughter’s custody after the age of seven under the Bahraini Family Law.
Contact a lawyer in Bahrain specialized in custody cases through the contact options available on our website to receive legal assistance regarding your family matter.
You can also read more about: When Does Custody Fall Under Bahraini Law?
A Bahraini lawyer and the founder of a legal consultancy firm established in February 2019. He holds a Higher Degree in Sharia and Law from Al-Azhar University. He has extensive experience in court representation and providing legal advice in criminal, personal status, civil, and commercial matters. He is known for delivering clear, practical, and effective legal advice aimed at protecting his clients’ rights and interests, and has achieved tangible results in notable cases, including commercial litigation and inheritance matters
