Guidance

Family law in Bahrain

Published 25 July 2025

This is a guide to family law topics in Bahrain, such as marriage, divorce, child custody and inheritance. Bahrain has an extensive legal framework to protect families, including Family Law No. (19) of 2017 (PDF, 390 KB) for Muslims and Civil Law for non-Muslims.

Marriage

Divorce and custody matters may vary in accordance with the partners’ religion and faith in the Kingdom of Bahrain.

Sharia (Muslim) marriage

Marriage in Bahrain is a legally recognised contract between a man and a woman. The partners may choose to get married under Sunni or Jaafari Sharia Courts in the Kingdom of Bahrain.  To prove you are married, you must have a formal legal contract. In some cases, a judge may accept other evidence as proof of marriage. If the marriage contract was notarized or concluded outside the Kingdom of Bahrain, the applicable provisions shall be determined according to the following order:

• the jurisprudence (Sunni or Shi’a (Jaafari) that appears in the marriage contract
• the jurisprudence agreed upon by the spouses at the time of filing the case
• the jurisprudence followed by the husband at the time when the marriage contract was concluded

In Bahrain, a marriage contract is valid if:

• both partners are capable of making informed decisions - there are some circumstances in which the Judge may permit the marriage of mentally ill person subject to certain circumstances
• both partners’ consent
• the woman’s guardian shall meet the Sharia Family Court’s legal requirements
• for Muslim marriages, 2 Muslim males of sound mind (mentally competent) witness the marriage, having heard the offer and acceptance and understood that marriage is intended

Both partners must give spoken consent to the person administering the marriage, such as a judge or a religious Sheikh who has the authority to administer/officiate marriage, showing they understand the meaning of marriage. If they cannot speak, the law requires them to give written consent or to use another form of acceptable communication.

The groom, bride, her guardian and both witnesses must be at the marriage ceremony. If the guardian is not available, the judge shall act as the guardian, and the court will appoint witnesses.

Marriages between non-Muslims and Muslims

A Muslim man can marry a non-Muslim woman if she is of the Christian or Jewish faith. A non-Muslim man must convert to Islam to marry a Muslim woman.

Civil or other religious marriages (non-Muslim marriages)

Civil or other religious (non-Muslim) marriages can take place with a Notary (Arabic or English language is available) in the Kingdom of Bahrain. Churches, Synagogues, Temples and other religious organisations may officiate marriage in Bahrain provided that they are registered and recognised by the concerned governmental bodies. A Notary stamp must follow the process. The marriage certificate issued in Bahrain will be recognised abroad if the Apostille and Legalisation process are followed in accordance with the process of the country to be used in.

You must provide:

• no-objection or affidavit of marital status (or its equivalent) issued from the Embassy of nationality of each partner. Such documents must be legalised by the Ministry of Foreign Affairs in Bahrain
• no-objection from place of work, if a partner works in Bahrain
• pre-marriage medical tests to rule out any genetic diseases, blood disorders or any other diseases you could pass to children
• 2 adults of sound mind (mentally competent) to witness the marriage, having heard the offer and acceptance of marriage

If either partner was previously divorced, they must provide a valid, legalised or apostilled divorce certificate.

Both partners must give spoken consent showing they understand the meaning of marriage to the person officiating or administering the marriage. If they cannot speak, the law requires them to give written consent or to use another form of acceptable communication.

British nationals marrying in Bahrain

If you are a British national and want to marry in Bahrain, you must provide an affirmation (marital status document), sworn before a consular officer at the British Embassy, stating there is no impediment to marriage. This document is called a Certificate of No Impediment.

To post your Notice of Marriage and get a Certificate of No Impediment, you must make an appointment online and bring:

• your British passport
• a copy of your partner’s passport
• proof any previous marriages have ended (divorce decree or death certificate)

A marriage certificate issued in Bahrain is valid in the UK if the Apostille Stamp was obtained from the Ministry of Foreign Affairs in the Kingdom of Bahrain. For more information, see getting married or registering a civil partnership abroad.

Spousal disputes and divorce

Dispute and divorce matters may vary in accordance with the partners’ religion and faith in the Kingdom of Bahrain.

Muslims

Where there are differences in the school of thought between the Sunni jurisprudence and the Jaafari jurisprudence on matters related to marriage and divorce contracts, the provisions to be applied shall be decided based on the jurisprudence according to which the marriage contract was concluded.

Separation of the spouses may take place by:

• the will of the husband, which is termed a divorce (Talaq)
• a request by the wife and consent of the husband against payment of a consideration (eg. dowry), which is termed as dissolution of marriage (Mukhala’h or Khul’)
• a court judgment, which is termed as divorcement (Tatleeq), or a rescission (Faskh) or a separation (Tafreeq) as the case may be

The legal grounds for divorce in Bahrain are:

• Mukhala’h or Khul’ (redemptive divorce)
• defect or illness, including impotence
• harm and failure to reconcile
• not providing Alimony
• being absent and going missing
• imprisonment and consumption of Alcohol or use of drugs
• other grounds may apply including but not limited to breach (including domestic abuse)

Mukhala’h (redemptive divorce)

Mukhala’h or Khul’ is a request by the wife to terminate a marriage contract against the payment of a consideration to the husband.

According to the Sunni jurisprudence:

• the spouses may mutually agree to terminate the marriage contract by dissolution of marriage (Khul’)
• an exception to the provision above, if the husband obstinately refuses and it was suspected that both parties would not observe the rules of Islam, the judge will grant the dissolution of marriage (Mukhala’h) against the payment of an appropriate consideration not exceeding the amount of the dowry
• dissolution of marriage (Khul’) shall be for a compensation to be paid by the wife, provided that it is approximately the same amount of the dowry paid by the husband
• dissolution of marriage (Khul’) is considered as a rescission (Faskh) and is affected by the judge by uttering the word dissolution of marriage (Khul’), not divorce (Talaq)

According to the Jaafari jurisprudence:

• a wife is entitled to request the termination of the marriage contract by dissolution of marriage (Khul’) through payment of a consideration and the consent of the husband
• dissolution of marriage (Khul’) must be the result of hatred between the spouses especially on the part of the wife
• whatever is valid for dowry is valid for the consideration - it should be determined and specified. If the hatred was on the part of both spouses, the husband may not request a consideration that exceeds the dowry
• dissolution of marriage (Khul’) is deemed an irrevocable divorce (Talaq Ba’ain) and takes place by uttering the word of dissolution of marriage (Khul’) or the word of divorce (Talaq) in Islam
• if a wife changes her mind regarding the amount or payment of consideration during her waiting period (Iddah), the divorce will be deemed a revocable divorce (Talaq Rajje)

Defect or illness, including impotence

Either spouse may request a divorce (Tatleeq) on the ground of illness of the other spouse:

• that makes the continuation of marital life impossible
• for which there is no cure or the expectation thereof but only after more than one year
• regardless of whether such illness is mental or physical and affected one of them prior to or after the marriage contract without the knowledge of the other spouse

The assistance of certified experienced medical experts should be sought to diagnose the illnesses and estimate the extent thereof.

Harm and failure to reconcile

The wife has the request/right to file a divorce (Tatleeq) on the grounds of being harmed, which makes the continuation of marital life impossible.

The wife has the right to request a divorce (Tatleeq) if her husband abandoned her without a reason, leaving her neither married nor divorced.

The judge should do everything possible to reconcile the differences between the spouses.

If the judge fails to reconcile the differences and harm within the marriage is proved, the judge can grant the divorce (Tatleeq).

Not providing alimony

According to Sunni jurisprudence:

• if the husband refrains from providing alimony to his wife, has no ostensible or visible assets and was not proved to be insolvent (without assets), the judge can compel him to provide alimony. If he refrains from doing so, his wife has the right to apply for divorce (Tatleeq) and the judge can grant their divorce. The husband may avoid divorce by paying the necessary alimony.
• if a husband proves his insolvency, or if he is unavailable or in prison and has no ostensible assets, the judge will grant him a period of not less than one month and not more than 3 months to pay the said alimony. If he fails to do so, the judge will grant their divorce
• if the husband is unavailable and his whereabouts unknown, and he has no ostensible assets, the judge will grant the divorce immediately, subject to other provisions of the family law

According to the Jaafari jurisprudence:

If a present husband refrains from providing alimony to his wife and has no ostensible assets which could be paid for her alimony, the judge can compel him to provide such alimony. If he refrains from doing so, his wife has the right to apply for divorce (Tatleeq) and the judge can grant the divorce. The husband may avoid divorce (Tatleeq) by paying the necessary alimony.

Being absent and going missing

A wife may request a divorce (Tatleeq) due to harm resulting from the absence of her husband without reason even though his home or place or residence is known and he has money from which alimony may be paid. However, she will not be granted divorce judgement unless she has already given notice to the husband to reside with her, move her to him or divorce her.

According to the Sunni jurisprudence:

The wife or a missing person, who is not known to be dead or alive, may request judicial dissolution of marriage (Tatleeq). However, this will only be granted after 4 years of search and investigation since they went missing.

According to the Jaafari jurisprudence:

• the wife if a missing person, who is not known to be dead or alive, may request a divorce (Tatleeq), however this will not be granted after it is referred to a judge a period of 4 years of search and investigation has passed.
• the wife will not be divorced if the missing or absent husband has assets or has appointed a guardian to provide her with the alimony

Imprisonment and consumption of alcohol or use of drugs

If the husband is serving prison sentence that is causing harm to the wife, she may request a divorce (Tatleeq).

A wife may request divorce (Tatleeq) if her husband consumes alcohol, or uses drugs, confirmed by an official medical committee after examination.

Temporary arrangements during divorce

While hearing the divorce (Tatleeq) case, the judge may decide to take temporary measures to ensure payment of alimony to the wife and children, and all matters related to their custody and visits.

Starting divorce proceedings

Issuance of a divorce certificate by agreement

The service of issuing a divorce certificate by agreement allows the applicant to:

• register a divorce and declare it before the judge or
• register a divorce that took place outside the court with the agreement of both parties

Documents required

• original marriage contract
• original identity cards of the parties
• foreign documents must be certified by the Bahraini Ministry of Foreign Affairs and translated into Arabic

Service processes

• visit the website of the Ministry of Justice, Islamic Affairs and Waqf and access the service entitled ‘forms’. Choose the relevant application form
• print the application form, fill it out by hand
• email the form along with required documents to the Sharia Procedures Department at shareya.prosedures@moj.gov.bh
• the application will be contacted by phone to set a date to attend court, where the relevant judge will approve the process

To get a divorce in Bahrain, visit the Ministry of Justice, Islamic Affairs and Waqaf website or get advice from a lawyer in Bahrain.

The Family Court may refer couples to attend sessions at the Family Reconciliation Office at the Ministry of Justice, Islamic Affairs and Waqaf. This is at the judge’s discretion. Divorce can only be pronounced after the judge has attempted reconciliation and it has failed.

When the divorce is finalised, the Family Court will keep a record of it.

Non-Muslims

Civil or other religious (non-Muslim) divorce can take place with a Notary (Arabic or English language is available) in the Kingdom of Bahrain if the marriage was performed in Bahrain.

If the marriage was not performed in Bahrain, the partners can file a case before the High Civil Court to obtain a divorce certificate.

The divorce certificate issued in Bahrain will be recognised abroad if the Apostille and Legalisation processes were followed in accordance with the process of the country to be used in.

In case the partners did not agree to divorce, either party may file a case in the Higher Civil Court in the Kingdom of Bahrain.

The High Civil Court in the Kingdom of Bahrain will decide on family matters of non-Muslims as follows:

• the civil status and competence of persons is governed by the law of the state to which they belong by nationality
• for the objective conditions for the validity of a marriage, recourse will be to the law of the country where both spouses belong
• the law of the state to which the husband belongs at the time of concluding the marriage will apply to the consequences resulting from the marriage contract including consequences with regard to property. However, divorce will be governed by the law of the state to which the husband belongs at the time of divorce, and dissolution or separation will be governed by the law of the state to which the husband belongs at the time of filing the lawsuit
• obligations/legal rules regarding payment of alimony to relatives is governed by the law of the state to which the party under obligation to pay belongs

To get a divorce in Bahrain, visit the Ministry of Justice, Islamic Affairs and Waqaf website or get advice from a lawyer in Bahrain.

Child custody

Custody means  to keep, raise and take care of a child without prejudice to the guardian’s right of personal guardianship.

Muslims

According to the Sunni jurisprudence, a mother’s custody ends when the male child turned 15 years old. Custody of the female child ends upon her marriage.

According to the Jaafari jurisprudence, a mother’s custody ends when the son or daughter turn 7 years old, after which custody will be transferred to the father.

The right to choose

According to the Sunni jurisprudence, if a male reaches 16 years of age, or a female reaches 17 years of age and has not got married, they have the right to join either of their parents or those who have the right to custody, as they may wish. If either of them chooses to stay with their female custodian, they will continue with her without a custody wage, subject to other provisions of the Family Law.

According to the Jaafari jurisprudence, the option of joining either parent will be given to a female upon completing the age of 9 and the male upon completing the age of 15, provided that they are mentally competent to express reasoned and independent choice.

The custodian must meet the following conditions:

• must be a Muslim
• sane or mentally competent
• adult
• can be trusted with the child in custody
• able to raise, keep, take care of and look after the interests of the child in custody
• free from communicable and dangerous diseases

A custodian should meet the following conditions:

According to the Sunni jurisprudence:

• if the Custodian is a woman, she will not be married to a stranger to the child in custody unless the court decides otherwise for the interest of the child
• if the custodian is a man:
  • he will have with him a woman who is capable of taking custody of the child
  • he will be unmarriageable to the child in custody, if the child is a female

According to the Jaafari jurisprudence, a mother’s right to custody will be rescinded (revoked or cancelled) if she marries another man, unless a court decides otherwise.

Custody is a joint duty of both parents together as long as they remain married. In case of separation, the custody will be:

• according to the Sunni jurisprudence: for the mother, then the mother’s mother no matter how high in lineage, then to the father’s mother, then the father. In addition custody will be for the sister of the child in custody, then to the maternal aunt, then to the paternal grandmother, then to the daughter of the brother, then to the daughter of the sister, unless a judge decides otherwise for the benefit of the child in custody. In all cases, a true sibling will have priority followed by a maternal sibling then the paternal sibling
• according to the Jaafari jurisprudence: for the mother and then the father. If the father dies or is rescinded from custody, it will return to the mother, then to the paternal grandfather, then to the custodian (Wasi) from the father’s side, if any, and then to the relatives of the child in custody according to the inheritance order

If the parents are not present and the custody is not accepted by any of those who are entitled to it, a judge will choose a person whom he deems fit from among the relatives of the child in custody, and then from others, or an institution qualified for this purpose.

A judge may seek the assistance of specialists and experts in psychological and social matters when determining the custody to service the best interest of the children, without prejudice to the provisions of the preceding articles.

Non-muslims

Fundamental matters concerning natural and legal guardianship, custodianship, protective care and other fundamental arrangements for the protection of minors, wards and absent persons will be governed by the law of the person to be protected.

The transfer of custody can take place with a Notary (Arabic or English language is available) in the Kingdom of Bahrain. Conditions may apply.

In case the partners did not agree to appoint or transfer guardianship or custodianship, either party may file a case in the Higher Civil Court in the Kingdom of Bahrain.

The High Civil Court in the Kingdom of Bahrain will decide on family matters of non-Muslims in accordance with the law of the person to be protected.

To file a case in Bahrain, visit the Ministry of Justice, Islamic Affairs and Waqaf websiteor get advice from a lawyer in Bahrain.

Child Protection Centre

The Child Protection Centre is a social care institution affiliated with the Ministry of Social Development. It works to protect children up to the age of 18 from all forms of abuse and neglect (sexual, psychological abuse, severe neglect). A 24/7 free-of-cost child support helpline 998 is available at the centre. It is a service for receiving calls to report children being subjected to violence or abuse. The line receives calls from children or adults, when they are exposed to violence, abuse or danger. It also provides counselling, active listening and referral services when needed. The hotline is mostly answered by Arabic speakers, but they can transfer to an English-speaker if requested.

Based on the new law of 2021 Article 33, children who are subject to court orders are looked after at the Child Protection Centre in Hamad Town. The centre prioritises children who are subject to extreme vulnerable situations such as homelessness, political activism, frequent missing from school or participation in dangerous acts. The Child Protection Centre provides complete protection.

Child Protection Centre works with families to support rehabilitation. They work closely with the Ministry of Justice on child custody battles. They also provide legal advice to families where required.

Information about children’s safety and the services of Child Protection Centre is incorporated in academic modules at public schools so children are aware how to ask for help.

In cases of child safeguarding for non-Bahrainis, the Child Protection Centre will seek to secure custodians or trusted persons with whom the children can stay.

Child Protection Centre have the legal ability to go to any house and remove a child if they think the child is in danger.

Dar Al Aman (Women’s shelter)

Dar Al Aman is the women’s shelter for women who are exposed to domestic violence. This was formed under family domestic violence law Article 17 of 201. To be eligible to be enrolled in the shelter, one must be a Bahraini national, resident or married to a Bahraini national. In exceptional cases, they may help others eligible to be enrolled.

Women who are victims of domestic violence may visit their nearest police station and request for shelter. The police create a referral to Dar Al Aman and transfer the woman to the shelter. Anyone can inform Dar Al Aman about any case of domestic violence.

On arrival at the facility, women’s health is assessed, and she is supported with legal and physical aid as required.

Dar Al Aman provides legal services for women who are victims of domestic violence. Women are allowed to legally stay in Dar Al Aman for up-to 3 months. The centre also accommodates children of victims of domestic violence.

Inheritance laws and wills

Inheritance matters may vary in accordance with the partners’ religion and faith in the Kingdom of Bahrain.

Muslims

Inheritance matters may vary in accordance with the partners’ religion and faith in the Kingdom of Bahrain. Where there are differences in opinions between the Sunni jurisprudence and the Jaafari jurisprudence on matters related to Inheritance, the provisions to be applied will be decided based on the jurisprudence according to which the marriage contract was concluded.

List of heirs must be provided to court and obtained from the Ministry of Justice, Islamic Affairs and Waqaf. Two male witnesses must be present in court to verify the list of heirs after judge’s approval.

If the deceased did not hold Bahraini citizenship, the heirs must provide a list of the legal heirs certified by the government of their country or an official letter from their country’s embassy displaying the names, number of heirs  and the nature of their relationship with the deceased.

Wills

Muslims may issue a will to the third of their estate only (conditions apply). Wills should be registered with the Ministry of Justice, Islamic Affairs and the Waqaf and a form (PDF, 305 KB) filled and sent by email to sr@moj.gov.bh.

One or more of the heirs must file a case before the Civil Courts in the Kingdom of Bahrain for the inventory of the Deceased’s Estate.

To file a case in Bahrain, visit the Ministry of Justice, Islamic Affairs and Waqaf website or get advice from a lawyer in Bahrain.

Non-Muslims

The High Civil Court in the Kingdom of Bahrain will decide on family matters of non-Muslims in respect of nomination of heirs and allocation of their portions of the inheritance, The provisions of the law of the country of the deceased will apply to the transfer to heirs of the bequeathed property.

Wills

The court will distribute assets according to the will whether it was issued from Bahrain or abroad.

Non-muslims may notarize a will with a notary (Arabic or English language is available) in the Kingdom of Bahrain for estates that are in Bahrain and/or abroad. Churches, synagogues, temples and other religious entities may attest wills in Bahrain provided that they are registered and recognised by the concerned governmental bodies. A notary stamp must follow the process.

The will issued in Bahrain will be recognised abroad if the Apostille and Legalisation process were followed in accordance with the process of the country to be used in.

One or more of the heirs must file a case before the Civil Courts in the Kingdom of Bahrain for the inventory of the Deceased’s Estate. The provisions of the law of the country of the deceased will apply.

To file a case in Bahrain, visit the [Ministry of Justice, Islamic Affairs and Waqaf website] (http://www.bahrain.bh) or get advice from a lawyer in Bahrain.