Page 202 - Records of Bahrain (4) (i)_Neat

190 Records oj Bahrain
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Shaikh Hamad vaguoly in theory desires his sons to bo educated, but in
practico considerable pressuro will have to be exerted to mako him como up
to tho scratch.
(7) Institution of a Judicial System in Bahrain, and tho introduction
of some simple Criminal, and Civil Codes.—At present judicial business
at Bahrain is conducted as follows:—
(a) Bahrain subjects.— Tho Shaikh deals with important criminal
and civil eases by .tho light of nature, and with such othor
eases as ho deems fit, whilo tho remainder aro roforred to a
Qazi (usually tho Sunni Chief Qazi) for disposal according to
tho Shar’a Law. Before tho introduction of tho reforms ovory
member of tho A1 Khalifa family used to convict and punish
Baharnah peasants without trial.
(b) Bahrain subjects and Foreign subjects.—Cases between these
aro dealt with by tho Joint Court consisting of Shaikh Hamad
and the Political Agent. The Indian Criminal and Civil Codes
arc used ns a guide by this Court, ns these arc administered
by the Political Agent and Shaikh Hamad has no codes to
help him.
(c) Commercial cases between Bahrain subjects and Foreigners, and
in certain cases between Foreigners.—These are dealt with
by the “ Majlis al ’urf ” which is guided by custom and
usage; its decisions become legal when approved either by
the Shaikh or the Political Agent.
(d) British subjects and Foreigners (persons to whom the Bahrain
Order in Council applies).—Criminal and civil cases between
these arc dealt with by the Political Agent under the Bahrain
Order in Council and the Indian Criminal and Civil Codes and
certain other Indian acts enforced.
In eases in tho first category Shaikh Hamad is frequently quite at sea,
and often lias to ask the Political Agent what sort of punishment he should
inflict, and he complains that he has nothing to guide him. His
successor, who will be, in all probability, better educated and more
enlightened would feel this more. In the circumstances it would
seem advisable that some Code of Law should be introduced, and Shaikh
Hamad himself agreed to this. As the Indian Penal Laws and Civil Laws
arc enforced in the Political Agent’s Court and used as a guide in the Joint
Court the Indian Criminal and Civil Codes or a simplified form of them,
if such exists, would seem best; presumably Arabic translations have been
made for use in Aden and Zanzibar. If not perhaps the Iraq Laws would
be suitable and possible simpler. The only objection to these would, I
think, be that as they arc based on Turkish Law their use in Bahrain
might give, rise to the idea that Turkish Law had at one time been in force
in Bahrain, which of course is not the case, and thereby give colour to the
old Turkish claims to the Islands.
To sum up, the essential reforms enumerated in the order of their
urgency are as follows
(1) Reform of Custom House.—This is nearly complete; it only re­
mains to engage ail honest Director. If a suitable man can be found we can
apparently look forward to some ten or twelve lakhs of revenue from Cus­
toms annually, as against the former average of under nine lakhs, The
appointment will thus easily pay for itself.
(2) Creation of a small Levy Corps.—This is essential to preserve the.
authority of the ruling Shaikh, and to avoid the pitiable spectacle of a
Shaikh in terror of all'his influential subjects oppressing all who seem too
weak to resist.
(J) Revenue Survey, Land Registration and the -preparation of Record
of Rights.—This is urgently required to put a slop’to the process of squeez­
ing the indigenous Shiah population out of their gardens—a practice which'
lias been going on for years.