In a recent session of the Council of Representatives in Manama, a proposed draft legislation to criminalize incest within Bahrain’s legal framework was deliberated upon. The MPs identified weaknesses in the proposal and decided to postpone the vote on the bill’s passage until the next session for further refinement of legal terminology. The proposed bill, created by the Shura Council and recommended by the Committee on Legislative and Legal Affairs, introduces an amendment known as Article 316 bis to Edict 15 of 1976. This amendment imposes penalties on both men and women engaged in incestuous relationships, filling a significant void in the existing penal code.
The new legislation addresses the absence of specific provisions outlawing incest in Bahrain’s legal system. Before this amendment, there were no designated penalties for adults engaging in consensual incestuous relationships, provided they were not married. However, some representatives have highlighted a gap in the proposed amendment, calling for a clearer legal framework to identify non-marriageable kin, known as Mahram in Islamic law. MP Ahmed Qarata raised the question of whether incest is a widespread issue in the community or just isolated instances. He also suggested that existing articles in the penal code might be sufficient if incest is not a serious societal concern.
MP Hasan Ebrahim expressed concerns about the potential societal risks associated with incest and emphasized the need for robust legislation to address them. He noted the lack of comprehensive statistical data on incest in Bahrain, making it challenging to assign appropriate penalties. MP Mohamed Alhusaini called for more severe punishment than the proposed five-year imprisonment term for incest, citing a statement by The Supreme Council for Women indicating a growing number of incest cases as a dangerous trend in society. The lack of reliable data on the matter underscores the importance of implementing effective measures to combat incestuous relationships.
The discussions in the Council of Representatives highlight the complexity of addressing incest within Bahrain’s legal system and the need for precise and effective legislation to tackle this societal taboo. The proposed amendment to criminalize incest is a significant step towards filling the gaps in the existing penal code and establishing penalties for such offenses. However, concerns raised by MPs regarding the clarity of the legal framework, the prevalence of incest in society, and the severity of penalties indicate the importance of further refinement and deliberation before the bill’s passage. By engaging in thoughtful discussions and making informed decisions, Bahrain’s lawmakers can work towards creating a more robust legal framework to address the issue of incest within the country.
