Bahrain’s courts ‘are built on Sharia rules’: minister

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All courts in Bahrain have been founded on Sharia rules.

This assurance came from Justice, Islamic Affairs and Endowments Minister Shaikh Khalid bin Ali Al Khalifa after Shura Council member Dr Abdulaziz Abul raised doubts whether newly-appointed judges were conversant with Sharia proceedings.

The GDN reported last Thursday that nine special judges were sworn in to adjudicate financial and commercial disputes in English.

The minister clarified yesterday that the judges were selected for their ability to hear cases and align them with Bahrain’s judicial system.

The upper chamber of the National Assembly unanimously approved key amendments to the 2002 Judicial Authority Law issued through a royal decree by His Majesty King Hamad last year.

“The International Court of Justice acknowledges Sharia as a source of international law, and Sharia rules were referred to in cases involving Nicaragua and Namibia,” said Shaikh Khalid.

“So we are not speaking of an alien concept here.

“We were losing large sums of money to translate documents or get accredited translators. We could have saved a lot of time and money if the judge spoke the language of those in dispute.

“English-speaking judges were brought in as most of the commercial disputes are in that language.

“We want a better approach to justice and judges who speak English would ensure that as they can easily review original material in English rather than something ambiguous or seen differently by a translator.”

He added that cases of more than BD500,000 in dispute would be brought in front of the new judges.

“Sharia remains at the core of our judicial system.”

The Shura Council also unanimously approved another royal decree amending the 1996 Civil and Commercial Evidence Law that would help support the amendments to the 2002 Law.

Now with approval from both the chambers, Shaikh Khalid has been given the authority to fully implement the new rules.

The weekly council session was chaired by second vice-chairwoman Jameela Nusaif, as Chairman Ali Al Saleh and first vice-chairman Jamal Fakhro are on official business abroad.

Statements on the International Women’s Day, which falls tomorrow, and the King’s visit to Saudi Arabia and the visit of His Royal Prince Salman bin Hamad Al Khalifa, Crown Prince and Prime Minister, to the US were read out at the beginning of the session.