Page 413 - Records of Bahrain (7) (ii)_Neat

Legal affairs and justice, 1952-1957 803
Cofi/fiT>eva*L.

Minutes
TRANSFER OF JURISDICTION IN BAHRAIN
/V: *i
On Bahrain telegram No. 420 about the
transfer of Jurisdiction in Bahrain Mr.
Harvey minuted: "What does thiB lnvolyq?'!
2. Certain groups of persons are now boing
transferred from H.M. Government's Juris­
diction into that of the local Ruler, as part
of a general transfer in this sense taking
plaoe throughout the sheikhdoms of the
Persian Gulf. Vory broadly speaking,
persons from Muslim States.or in some ease
territories, will eventually fall within the
Jurisdiction of the Rulers, while persons
from non-Muslim States will remain within
Her Majesty's Jurisdiction, There are
important exceptions: for instance, oitizens
of Pakistan and Turkey will not bo trans­
ferred to the looal Jurisdiction.
Z
5 3. The present transfers, which oover
cc. persons from Egypt, Iraq. Syria, Jordan, the
< Lebanon, Libya, Morocco, Tunisia, Afghanistan,
Z Indonesia, Sudan, the Aden Protectorate, the
£ French Somaliland Protectorate, and the
X Italian Trust territory of Somaliland have
previously been authorised in prinoiple. The
z main reasons for this decision were:
Z (a) The Jurisdiction of H.M.
is Government in these States originates*
from the agreement of their Rulero to
5 oede to us Jurisdiction on certain
classes of foreigners.
*
iu 00 The Ruler of Kuwait certainly
CO never intended that wo should have
O Jurisdiction over his fellow Muslims
H- although for a number of years he
ooqulesced in our doing so. Ha has
O
Z rooently proved us to hand baok to
5 him Jurisdiction over all Arabs
whatever their religion may be and
O over all Muslims. Simllnrly the
Z Rulor of Bahrain hae in the past
sought to rogain Juried lotion over
further olassoe of Muslima.
(c) The law administered by the
Rulers' Courts is the Islamic 8hari(a
Law. This is acceptable to Muslims
and is understood by many of thorn
better than the law applied in Her
Majesty's Courts.
(d) The retention of Jurisdiction
over Muolims particularly against
the wishes of the looal Rulers
would be a particular target for
anti-V/ostern propaganda.
U* Bahrain telegram No. 420 asks for
formal approval of the step necessary to
exeoute the agreed transfer in Bahrain, It
seto out the way in which tho relevant
regulation will have to differ from the
/similar
.n.si.

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