Today’s article covers the key provisions of Bahrain’s Family Law regarding Custody Rules in the Jaafari Court in Bahrain. If you want to understand the custody age under Jaafari jurisprudence, who is entitled to custody after divorce in Bahrain, and other important information that may concern every family, continue reading.
Are you concerned about losing custody of your children once they reach the age at which custody may transfer under the Jaafari courts? Do not leave your children’s future to the circumstances of court proceedings.
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Custody Rules in the Jaafari Court in Bahrain
Below, we explain the main provisions of Bahrain’s child custody law as applied before the Jaafari Court. Article 128 sets out the order of custody. It provides that caring for the child is the responsibility of both parents as long as the marriage continues.
If the parents separate, custody is granted first to the mother and then to the father. If the father dies or loses his right to custody, custody returns to the mother. After that, the paternal grandfather may become entitled to custody. If there is a guardian appointed through the father, that guardian may follow, and custody may then pass to the child’s relatives according to their order of inheritance.
As for the age of custody, Article 124 of the same law provides that the mother’s custody ends when a son or daughter reaches the age of seven. After that age, custody passes to the father.
Article 91 of Bahrain’s Family Law also addresses accommodation for the custodian. It requires suitable housing to be provided for the female custodian or, where she rents accommodation, payment of a housing allowance. The amount may be determined by agreement or through the court’s judicial assessment.
Article 140 also deals with an important aspect of child custody. It provides that women’s testimony may be accepted as evidence in matters involving harm, custody, and other matters that women are generally more likely to have direct knowledge of.
Frequently Asked Questions About Custody in the Jaafari Court in Bahrain
The following are some of the common questions concerning custody before the Jaafari Court in Bahrain:
What Are the Custody Requirements?
The custody requirements in Bahrain include being Muslim, reaching the age of maturity, having sound mind, and being free from contagious diseases.
What Is the Custody Age Under Jaafari Jurisprudence?
Under Jaafari jurisprudence and according to Article (124) of the Custody Law in Jaafari Courts, the custody age is seven years for both a daughter and a son, after which the mother’s custody period ends. After the age of seven, custody is granted to the father.
Are Women’s Testimonies Accepted in Custody Cases and Proof of Harm?
Yes, women’s testimonies are accepted in custody cases, proof of harm, and other matters that women commonly have knowledge of. This is in accordance with Article (140) of the Bahraini Family Law.
This brings us to the end of our article on Custody Rules in the Jaafari Court in Bahrain. We have explained the main rules governing child custody in Bahrain under the Bahraini Family Law, along with other important points that may help readers better understand their legal position.
You can request legal advice from a lawyer in Bahrain by using the WhatsApp button at the bottom of the screen.
You may also find the following articles useful: Applying for Child Custody in Bahrain.
For assistance with custody cases and understanding your legal rights after divorce, consult a qualified Child Custody Lawyer in Bahrain.
Legal Disclaimer: The information provided in this article is for educational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please consult a qualified lawyer.
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
