MPs grapple with legislation aimed at criminalising ‘forbidden relationships’ amid data void

TDT | Manama
The Daily Tribune – www.newsofbahrain.com

The Council of Representatives yesterday deliberated on a proposed draft legislation aimed at criminalising incest, a societal taboo that has lacked data and specific regulatory provisions within Bahrain’s legal framework.

In an exceptional session, MPs identified the weaknesses pertaining to the proposal, prompting a decision to postpone the vote on the bill’s passage until the next session on Tuesday.

This delay will facilitate meticulous refinement of legal terminology, as emphasised by several MPs. Conceived by the Shura Council and presented for review alongside recommended amendments by the Committee on Legislative and Legal Affairs, the proposed bill, notably introduces Article 316 bis, an amendment to Edict 15 of 1976.

It prescribes penalties for both men and women found to be engaged in incestuous relationships.

This legislative action effectively bridges a significant void in the existing penal code, which previously did not contain explicit provisions outlawing incest.

Before the enactment of this law, there was an absence of designated penalties for adults involved in consensual incestuous relationships, irrespective of their familial proximity, provided they were not married.

Precise legal framework Yet, a number of representatives have discerned a lacuna within the proposed amendment, calling for a more precise legal framework to identify non-marriageable kin (known as Mahram in Islamic law).

MP Ahmed Qarata, the second deputy speaker, posed a question: “Is incest within our community a pervasive phenomenon or merely a collection of isolated instances?”

He further posited that “should incest not constitute a serious societal concern, the existing articles 345, 347, and 348 of the penal code might well suffice.”

MP Hasan Ebrahim raised concerns about the potential “intellectual invasion” that necessitates robust legislation to mitigate risks to society.

He added that the lack of comprehensive statistical data on incest in our society makes the task of assigning appropriate penalties challenging.

MP Mohamed Alhusaini argued that a five-year imprisonment term is insufficient and called for more severe punishment for such a heinous crime.

He acknowledged the absence of reliable data on the matter and referred to a statement by The Supreme Council for Women, which indicates a growing number of incest cases as a dangerous sign.