Dr. Arwa Al-Shaikh Calls for Legislation to Regulate Gift Contracts in Bahrain

During a lecture organized by the Legislation and Legal Opinion Commission as part of the “Legal Insights” program, Dr. Arwa Abdullateef Al-Shaikh, Assistant Professor of Civil Law at the University of Bahrain’s College of Law, emphasized the need to introduce legislation to regulate gift contracts in Bahrain, highlighting a legislative gap compared to other Arab and Islamic countries.

Dr. Al-Shaikh explained that a gift (hiba) is defined in jurisprudence as the transfer of property from one person to another without compensation, with the giver being the “donor” and the recipient the “donee,” and the property itself being the subject of the gift. She outlined different types of gifts, including direct, indirect, concealed, compensatory, and moral or charitable gifts, such as donations for building mosques, schools, or hospitals.

The lecture also addressed the legal characteristics of gifts, noting that they require mutual consent and cannot be enacted unilaterally, distinguishing them from wills. Exceptions for revocation exist under certain legal provisions. Dr. Al-Shaikh further detailed the requirements of a valid gift, including consent of both parties, offer and acceptance, and the nature of the gifted property.

She highlighted Article 788 of the Bahraini Civil Code regarding co-owned property and explained the registration procedures for gifts, including ministerial guidelines for official gift documentation and real estate registration.

Dr. Al-Shaikh concluded by noting that, while gift contracts have been legislatively regulated in many Arab and international jurisdictions, Bahrain currently lacks comprehensive legislation, calling for legal reform to address this gap.

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