Page 334 - Bahrain Gov Annual Reports (III)_Neat

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THE MINORS* DEPARTMENT
This department was instituted in 1357 (1938-39) with the object of safeguarding the interests
of widows, minors and orphans and protecting their rights and their properties. For many years the
Government and the public had known that there was scandalous mismanagement of orphans’ pro­
perty by the persons who administered it. Many glaring examples occurred of misappropriation of
money and property belonging to widows and orphans by legal guardians who were appointed by
will or by the Shara Qadis. In bankruptcy cases it was frequently revealed in the courts that funds
held in trust for minors, very often by their uncles or older brothers, were lost by the trustees in
unsuccessful diving ventures or in trade or had been squandered. Though people were occasionally
punished for dishonesty of this type it was impossible to recover what had been lost. Even if the
administrators did not steal the money with which they were entrusted they used to charge heavy
fees, which they took out of the capital, to compensate themselves for the responsibility of looking
after the money. Few, if any, administration accounts were forthcoming and minors Were lucky
if when they came of age they received a small pittance of their patrimony. It was difficult for the
Government to take any action as always in the past matters of inheritance had been dealt with by
the Qadis.
This unsatisfactory state of things was condoned by the Qadis. The administrators of estates
which were sometimes very large, were usually also the administrators of the “ Thilth ”, the one-third
of the estate which was dedicated to charitable purposes, and much of this ” Thilth ” was allocated
by the administrators to the Qadis, to be spent on charity, which began at home. In some cases
where no guardian was appointed by will the Qadis themselves appointed a guardian and administrator.
The fact that the Qadis themselves usually benefited from the estates made them reluctant to criticise
the methods of administration and as long as they were the legal protectors of widows and orphans no
reforms could be made.
1 ^°ve™ment s first approach to the matter was by opening discussions with the Shia Qadis,
wno at the time happened to be more amenable than the Sunnis, about creating a department for
that th m Vei^ reIuctantly tbe Shia Qadis agreed to some sort of arrangement provided
they retained absolute control in their hands. No effective solution was found.

Soon after this

Shia notables to assist in th* a- hC Government a&reed to deal with it and appointed some
opinion was against them. lv,sl0n- Thc Shia Qadis strongly resented this action but public

Many estates had in the past bee T *S- ** *n6 °n the subject amon6 the people grew very strong,
in cases when creditors filed case " * mmistered by tbe Government, through the courts, but only
heard the heirs were of aee anH ^i°UI? a^a‘nst tbe estate ; and in most of the cases which were
6 d capable of looking after their own interests.

the formation of a Government a Ineet*n6 °f the leading Sunni and Shia Arabs to discuss
unanimously in favour of the proDO^lh ^ t0 administer the estates of minors. The Shias were
Government, were responsible for it- °f th.® Sunnis held the view that the Qadis* not the
and Shia Qadis, who usually displa °d *nterests °f widows and orphans. The Sunni
in order to strengthen the oppositi^* ^ ^ P°fiteness towards each other, held joint meetings
discussions followed and finally 100 *° ^ Government held more meetings and more
Sulman bin Hamed was appointed00*!^!^66 ^Unnis and Shias under the presidency of Shaikh
were adopted, clerical staff and a ffi U C.S and re8u^ations based on a similar institution in Iraq
the department came into existence ° ** ^aw Gourts was prodded by the Government and