The Bahraini Council of Representatives recently discussed a proposed law that aims to criminalize incest, a taboo subject that has not been adequately addressed within the country’s legal system. The Members of Parliament identified deficiencies in the proposal and decided to postpone the vote to refine the legal terminology for better clarity. This delay will allow for a thorough examination of the bill before it is presented for a vote at the next session. The proposed legislation, put forth by the Shura Council, includes an amendment to Edict 15 of 1976 that introduces penalties for individuals engaged in incestuous relationships.
The new law fills a significant gap in the existing penal code, as there were previously no explicit provisions criminalizing incestuous relationships, regardless of the familial proximity, as long as the individuals were not married. Despite the introduction of this amendment, some representatives have raised concerns about the lack of clarity in identifying non-marriageable kin under Islamic law, known as Mahram. The issue of incest is seen as a serious societal concern by some MPs, who question the prevalence of such behavior within Bahraini society.
MPs like Ahmed Qarata and Hasan Ebrahim have highlighted the need for strong legislation to address incest and protect the community from potential risks. They have emphasized the importance of having reliable statistical data to determine appropriate penalties for offenders. Mohamed Alhusaini called for harsher punishment than the proposed five-year imprisonment term for individuals involved in incest, citing a statement by The Supreme Council for Women indicating a rise in incest cases as a worrying trend. The National Institution for Human Rights has supported the proposed legislation, recognizing its role in safeguarding the family structure in Bahrain.
International cases, such as the Stübing v. Germany case in 2012, where a man faced imprisonment for incestuous relationship with his sibling, have been referenced to emphasize the need for legislation to prevent such behavior. The Ministry of Interior, Ministry of Justice and Islamic Affairs, Supreme Council for Women, and Ministry of Social Development have backed the draft law, albeit with minor concerns about the phrasing of certain legal terms. The overall consensus is that the new legislation will address a crucial gap in the legal framework and help protect Bahraini society from the harmful effects of incestuous relationships.
In conclusion, the proposed law criminalizing incest in Bahrain has sparked a debate within the Council of Representatives, with MPs expressing a mix of support and concerns regarding the legislation. While there is recognition of the need to address this societal issue through robust legal measures, there are also calls for more precise definitions and harsher penalties for offenders. The delay in the vote on the bill’s passage provides an opportunity for further refinement and clarification of the legal terminology before it is approved. Overall, the proposed legislation marks a significant step towards addressing the taboo of incest and protecting the well-being of families in Bahrain.
