Guardianship and Child Welfare
Written in plain language for general understanding. This is educational content, not legal advice. Based on Bahraini national legislation, decree-laws, and ministerial orders.
Bahraini National Law
What is this right?
Guardianship (wilaya) in Bahrain covers legal authority over a child's person and property, separate from physical custody (hadana):
- Legal guardian: The father is the default legal guardian of the child. If the father dies or is incapacitated, guardianship passes to the paternal grandfather, then as determined by the court.
- Guardian's duties: The guardian is responsible for decisions about the child's education, medical treatment, marriage (for daughters), and financial affairs.
- Court-appointed guardianship: If no natural guardian is available, the court appoints a guardian and supervises their management of the child's affairs.
- Child welfare: Bahrain's Child Law (2012) protects children from abuse, neglect, and exploitation. The Ministry of Social Development can intervene to remove children from harmful environments.
- Kafala (foster care): Bahrain recognises kafala as a form of child care for orphans and abandoned children. Kafala does not create a parent-child relationship for inheritance purposes but provides care and sponsorship.
When does it apply?
- A child's father has died or is incapacitated and a guardian must be appointed.
- You are concerned about a child's safety or welfare and want to report neglect or abuse.
- You are interested in kafala (sponsoring or fostering) an orphaned or abandoned child.
What should you do?
- If a guardian is needed, apply to the Sharia court for a guardianship order with supporting documents.
- Report child abuse or neglect to the Ministry of Social Development or the police.
- If interested in kafala, contact the Ministry of Social Development for the application process and eligibility requirements.
- A court-appointed guardian should keep detailed records of the child's finances and submit periodic reports to the court.
What should you NOT do?
- Do not make major decisions about the child without proper legal guardianship — schools and hospitals may require proof of authority.
- Do not mismanage the child's assets — the court can remove a guardian who fails in their duties.
- Do not confuse kafala with adoption — Bahrain does not recognise formal adoption under Islamic law.
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