Page 422 - Bahrain Gov annual reports(V)_Neat

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JUDICIAL 1926-56
Before 1926 the only courts in Bahrain were those of the Sunni and Shia Kadhis and the
Maglis A1 Urfi. The Kadhis were not paid and they dealt with their disputes in their houses
without any legal formalities, but rapidly and effectively. They were men of learning, well
versed in Islamic law and usually outstanding personalities and their edicts bore great weight.
They were consulted by the Rulers about many matters of importance. For years there have
been no men of the calibre of the old-style Kadhis and from the time when the Kadhis became
salaried government servants their influence and power has waned, partly this has been due
to the characters of some of the Kadhis but also owing to general drift away from the strict
tenets of the Islamic religion by many of the young intclligcntia. To-day the man in the street
would not know the names of the Kadhis ; thirty years ago their names would have been
household words.
The Maglis A1 Urfi was a court of pearl merchants and the larger diving boat owners
who dealt with eases connected with the diving industry. They had a strong bias in favour of
boat owners and pearl merchants when cases occurred, very rarely, between divers and their
masters. This institution developed into the Maglis Tajara, an advisory body of leading mer­
chants, including a few representatives of the pearl industry, who are consulted by the courts
about cases involving local commercial custom. The members of the Maglis Tajara are
unpaid ; they sit as two committees, each committee hearing cases twice a month, under the
chairmanship of a Shaikh. Occasionally, if there is an important case, the whole body sits
together. The courts almost invariably accept the findings of the Maglis.
The first regular court to be instituted was the joint court presided over by the Ruler and
the Political Agent for eases brought by foreigners against Bahrain subjects, cases in which
a Bahrain subject was plaintif and a foreigner was defendant were heard in the court of the
Political Agent. This situation still exists but most foreign nationalities are now subject to
Bahrain jurisdiction. In 1928 a junior joint court was appointed for hearing less important
cases.
In 1926 the first Bahrain Court was set up ; it consisted of the Adviser and a Shaikh of the
Khalifah family, various members of the family have sat on this court during the last 30 years.
His Highness Shaikh Sulman, before he succeeded, was a magistrate on the Senior Court for eight
years. In 1938 the Court was enlarged by the addition of a third magistrate and after that
dale the Adviser attended the Court only once a week unless there was an important case
lasting for some days.
Until 1938 there was no Appeal Court and unsuccessful litigants constantly appealed to the
Ruler asking him to set aside judgments of the Courts ; quite often their requests were success­
ful. It was decided that an Appeal Court was necessary and the Ruler appointed his brother,
Shaikh Abdulla bin Isa, his eldest son, Shaikh Sulman, and the Adviser as Appeal Judges.
Rules were laid down governing the framing of appeals which were very numerous when the
Court started but subsequently did not exceed about 30 or 40 a year.
Some years after the Bahrain Court had been started a second, junior, court, was instituted
Appeals from this lower court were referred to the Bahrain Court.
The magistrates in all the courts, except the Sunni and Shia Shera courts, were Shaikhs of
the Khalifah family without any legal training but in some cases with many years experience
of court work in Bahrain. All proceedings in the courts are conducted in Arabic and no
wakil (agent for a party) may appear in the Bahrain courts unless he is a subject of Bahrain.
The wakils, who are licensed to appear in court, arc on the whole, suitable for most of the cases
in which they are employed.
Until the end of 1956 no criminal or civil codes had been formally adopted but the Senior
: Bahrain Court moulded its procedure on the Sudan Penal Code, which was based on the
Indian Penal Code ; there was the advantage that copies of the code were obtainable in Arabic.
In November 1956 portions of the Criminal Code which had been drafted for use in Bahrain
' became law. Civil law in Bahrain depended mainly on the collection of proclamations and
ordinances issued by order of the Ruler over the last thirty years covering such matters as land
tenure, driving rules, water and fishing rights, traffic laws, etc., etc. Disputes concerning
marriage, divorce and inheritance and certain other matters were dealt with in the Shera
courts. Frequently the Bahrain Court appointed assessors, one being chosen by each party
and one by the court, to settle disputes about such matters as water and fishing rights and
claims for compensation.