آلية تنفيذ الأحكام الشرعية الصادرة وفق قانون أحكام الأسرة البحريني رقم 13 لسنة 2009 : دراسة مقارنة مع بعض تشريعات الدول العربية

Abstract EN

The research deals with the implementation of the Sharia rulings issued in accordance with the family law.

These provisions include many different family disputes (i.e.

fnancial expenses such as expenses of the wife, children or relatives, including custody, the related provisions to the right to visit the child, or the delivery of the child to the party who obtained the judgement).

Moreover, it deals with the issue of enforcing judgments against the husband or the allocation of housing for the wife or the divorced wife, which could be by dividing the marital residence if possible, or by obliging the husband to provide a suitable home for the wife in custody of the child, or by paying the rent amount if the wife chooses to live in her house.

The paper discusses means of legal enforcement to ensure the execution of sentences.

Some of these methods include threatening the debtor with imprisonment or the seizure of his money if he refrains from paying the money.

Other means include the mere warning of the wife in follow-up orders.

In addition, the refraining debtor is subject to criminal claim in case of refusing to deliver the child to the legal guardian.

The legislator has emphasized on the importance of guaranteeing the collection of continuous or temporary expenses of divorce by allowing the seizure of one fourth of the debtor’s salary from which the priority is granted to divorce expenses.