Bahraini Family and Personal Status Law
Core Concepts
Family law in Bahrain is codified in the Personal Status Law (Law No. 19 of 2009) for Sunnis and the Jaafari Personal Status Law (Law No. 26 of 2017) for Shias. Key concepts: marriage contract (عقد الزواج), dowry (المهر), maintenance (النفقة), divorce (طلاق), and custody (حضانة). The law also covers inheritance (الميراث) and wills (الوصية).
Traps and Distinctions
A common trap is the distinction between revocable (طلاق رجعي) and irrevocable (طلاق بائن) divorce. Revocable divorce allows the husband to take back the wife during the waiting period (العدة) without a new contract. Irrevocable divorce requires a new contract and dowry. Another trap: custody is generally granted to the mother until the child reaches a certain age (7 for boys, 9 for girls under Sunni law; different under Shia law), after which the child may choose. Also, the dowry is the wife's property and cannot be taken by the husband.
Worked Example
A husband divorces his wife for the first time. This is a revocable divorce. During the iddah (three menstrual cycles), he can take her back without a new contract. If he divorces her a third time, it becomes irrevocable (bain), and she cannot remarry him until she marries another man and that marriage ends.
Rule of Thumb
Always check: (1) the applicable school (Sunni or Shia), (2) the type of divorce, (3) the waiting period, and (4) custody rules. For inheritance, the Quranic shares (الفرض) apply, and the residue (العصبة) goes to male relatives.