The justice system in the Kingdom of Bahrain has been a subject of care and concern for Bahrain’s rulers throughout its ancient history, believing that justice is the basis of governance, the advancement and prosperity of society, and the establishment of the rule of law and the building of a developed state. For the growing needs, to be this beacon, one of the bright civilized signs of Bahrain's history.
The Ministry of Justice, Islamic Affairs and Endowments is the executive body that is based on the justice facility and is based on all administrative aspects related to the functioning of the courts, and through work and cooperation with the Supreme Judicial Council, and all parties related to the justice and law enforcement system.
In an overview of the judicial history in Bahrain since 1783, in which Bahrain was established as a state by the late Ahmed Al-Fateh, where the judiciary was part of the ruler's responsibilities, and in a way that meets the requirements of the judiciary’s ruling to separate disputes between people, preserve rights and establish the foundations of peace.
With the beginnings of the formation of the features of the state in a modern sense during the reign of the late Sheikh Isa bin Ali Al Khalifa (1869-1932), the judiciary began to move to a new stage of development in a way that responds to the urgent needs at the time, so a court was formed for foreigners to settle disputes that arise among them, and then the establishment of courts followed. The joint court to settle litigations in which one of the parties is a citizen of the country and the other is a foreigner, so the first regular court was established in 1341 AH - 1923 AD.
The judiciary continued to take an essential part of the state modernization process to enable it to accommodate the new requirements as a result of the evolution of the society’s lifestyle, the increase of its members and the intertwining of its relations and interests, during the era of the late Sheikh Hamad bin Isa Al Khalifa (1932-1942), and then the era of the late Sheikh Salman bin Hamad Al Khalifa (1942-1961), the judiciary went a step further, and it became necessary to establish courts with specific jurisdiction, so the Sharia courts were found to settle personal status disputes between citizens, civil courts to settle their financial and real estate disputes, and criminal courts.
In addition, a diving and trade council was established, which was concerned with issues of diving, the pearl and the disputes between merchants. After their issuance, the decisions of the council were presented to the civil courts for approval. As for the implementation of judgments, it was within the jurisdiction of courts called (procedure courts). As for penal rulings, the police were in charge of Implemented.
Many important laws were issued during that period, including the announcement by the government of Bahrain in 1935 to adopt the Power of Attorney Law in Bahrain's Courts, the Bahrain Penal Code in 1955, a law for criminal procedures and another that regulates the disposal of money in criminal cases in 1956, and the law on charges in criminal cases. 1957, the Fees and Expenses Law in Civil Cases in 1958, the Civil Offenses Law, the Criminal Procedure Law of 1966, a law regulating the relationship between the owner and the tenant, and laws to regulate the acquisition of property ownership by placing the hand and registering ownership contracts.
The thirties of the last century witnessed the establishment of the Minors Funds Department, to be later one of the central departments within the jurisdiction of the justice sector.
As a continuation of the project to build the modern state, and within the framework of reorganizing the governmental departments of the state, the judiciary recorded another major shift during the reign of the late Sheikh Isa bin Salman Al Khalifa (1961-1999) to be an independent authority based on modern foundations, and this historical stage began in the year 1970 with the issuance of Several decrees on administrative reform of the state. Decree No. (2) dealt with the justice system and stipulated the establishment of a justice department that includes three departments: the courts, the real estate registry, and the funds of minors. With Bahrain attaining its independence in 1971, the Ministry of Justice was established, which replaced the Department of Justice. Decree-Law No. (13) of 1971 was issued in the matter of organizing the judiciary, whereby the judiciary was divided into civil and legitimate, including an emphasis on the independence of judges, and there was no authority over them in performing their competencies other than the law.
During the aforementioned period, many laws were issued, including civil and commercial procedures, advocacy, and procedures before Sharia courts, which represented an important achievement in the development of the legal system for the justice system. The Evidence Act in civil and commercial matters was also issued in 1996.
The Law on the Guardianship over Money was issued in 1986, which stipulated the formation of the State Council over the funds of minors and those of similar status, headed by the Minister of Justice, Islamic Affairs and Endowments, as it is an administrative body with judicial competence, and the decisions of the Council are enforceable and are implemented under the supervision and control of the Minister of Justice.
Likewise, the Notary Public Act (Notary Public) in 1971, which is in charge of documenting the documents that the law requires or the contracting parties request to be authenticated, certifying signatures, proving the date in the customary documents, and placing the executive version on the copies of the documents that must be executed, and the notary public is concerned with documenting all official documents except Whatever is related to the endowment or personal status. As for non-Muslims, they document their documents related to personal status before the notary public or before their authentication bodies in their consulates.
In 1989, the Bahraini legislator created the Court of Cassation that monitors the application of the law, to be the highest level in the judicial ladder and one of the main guarantees for the accused.
Bahrain was with a new date from the chapters of its historical development, as the comprehensive modernization project was devoted to His Majesty King Hamad bin Isa Al Khalifa, the monarch of the country, may God protect him, and the justice sector had a great interest that reflected the extent of faith in justice and the strengthening of the independence of the judiciary as the cornerstone of the rule of law, so the decree of law was issued. No. (19) for the year 2000, according to which the Supreme Judicial Council was established. Then came Decree Law No. (42) of 2002 promulgating the Judicial Authority Law to single out a special section in the Supreme Council The judiciary, the Public Prosecution office, and the amending decrees to entrench the independence of the judiciary.
Decree No. (42) stipulated the competence of the Supreme Judicial Council to supervise the proper functioning of the courts and their auxiliary agencies, take the necessary action for that, and propose appointing and promoting judges and members of the Public Prosecution, and everything related to them, and express opinion on draft laws related to the judiciary And the Public Prosecution. It also stipulated the establishment of the Public Prosecution Office, as it is an essential branch of the judicial authority, and it has the exclusive right to initiate and initiate criminal proceedings, unless the law stipulates otherwise.
Reflecting its pioneering position and reflecting the level of legal progress Bahrain has reached, and the extent of His Majesty the King's keenness to fortify the provisions of the constitution, the decree-law was issued establishing the Constitutional Court in 2002, as it is an independent and independent judicial body, and is exclusively competent to settle disputes related to the constitutionality of laws and regulations And its judgments and decisions are final and not subject to appeal.
In response to the continuous training needs, the Ministry of Justice established in 2005 the Institute for Judicial and Legal Studies, to undertake the preparation and training of judges, members of the Public Prosecution Office, members of the Legal Affairs Department, legal advisors in state agencies, lawyers, assistants of judges, notaries and legal researchers, and the development of scientific research.
In light of the political, social and economic development in the Kingdom, the tasks and specializations assigned to the Ministry of Justice have expanded, most notably the supervision of the implementation of the Political Associations Law promulgated in 2005, which regulates the right to form associations with the intention of participating in political life.
On the other hand, the Law on the Exercise of Political Rights assigned the Minister of Justice, Islamic Affairs and Endowments to chair the Supreme Committee for General Supervision of the Safety of the Referendum and the election of members of Parliament, under full judicial supervision.
Likewise, the alimony fund was established in 2005, which deals with spending alimony for Bahrainis who were subject to alimony rulings and were impracticable to implement them, or for those who filed lawsuits regarding an alimony report for them and what is decided upon, and which includes children of Bahraini wives who do not have Bahraini nationality.
In support of the justice system, consolidating the stability of the family and society, and promoting the use of mediation as one of the effective means in resolving family disputes amicably, the Family Reconciliation Office was established, which consists of experienced, legal, social and psychological specialists. In developing the office's competence and enhancing its role as an auxiliary to the judiciary, the amendment came to some provisions of the Procedures Law before the Sharia courts to open the way for family disputes to be settled through family reconciliation before resorting to the courts.
In addition to the tasks entrusted to the Ministry of Justice in the process of legislative development of the legal structure of the Kingdom, the National Committee for International Humanitarian Law was established at the Ministry of Justice in 2014, which is concerned with all matters related to the implementation and application of international humanitarian law and the development of policies, strategies and plans related to it in the Kingdom of Bahrain.
In recognition of the importance of the specialized judiciary and in response to contemporary economic requirements, the application of the case management system and the speed of litigation, the establishment of the Bahrain Chamber for Settlement of Economic, Financial and Investment Disputes came in 2009, for the Chamber to have jurisdiction in adjudicating disputes in which the jurisdiction is originally held for Bahrain's courts or any body with jurisdiction Judicial in it, whenever the value of the claim exceeds five hundred thousand dinars, provided that disputes are between financial institutions licensed under the provisions of the Central Bank of Bahrain Law, or between them between other institutions and other companies and individuals, or international commercial disputes if the seat of one of the parties to the dispute is located or where In which he performs an important part of the obligations arising from the commercial relationship or the place to which the subject of the dispute is closely related, outside the Kingdom.
While the dispute is commercial if its subject matter is related to relations of a commercial nature, whether contractual or non-contractual, including any transaction for the supply or exchange of goods or services, distribution agreements, commercial representation or commercial agency, management of rights with others, purchase leasing, factory construction, consulting services, engineering works, and issuance Licensing, investment, financing, banking, insurance, and an agreement or concession for exploitation and joint ventures and other forms of industrial or commercial leniency and the transfer of goods or kicks by air, sea or land.
An office has also been established to prepare the labor case at the Ministry of Justice, and it consists of a president with the rank of a judge in the High Civil Court who oversees the office’s work, and a sufficient number of members from the Civil Small Court’s judges, in light of the new labor law issued in 2012.
As well as the establishment of the Rental Disputes Committee in accordance with the Real Estate Lease Law in 2014 and is competent to adjudicate all lawsuits and disputes arising from real estate lease contracts.
The Ministry of Justice carries out many functions, including assuming the responsibility of the apparatus assisting the judiciary, registering cases, judicial announcements, following up on the implementation of civil judgments, issuing decrees and donations before their judicial approval, registering the registration of the rosters of lawyers, analysts and experts before the courts, and legal training, as well as supervising the State Cases Authority that It is concerned with representing the government before the judiciary.
