You are on page 1of 3

Bahrain

Social Welfare
34
Bahrain Law No. 34/2005
Issued on 17/08/2005
Corresponding to 12 Rajab 1426 H
Law Establishing the Alimony Fund
We, Hamad bin Isa Al Khalifa, King of the Kingdom of Bahrain,
Having reviewed the Constitution,
And the Civil and Commercial Proceedings Act promulgated by Bahrain Legislative Decree No.
2/1971,
as amended,
The Shura Council and Council of Representatives have approved the following Law,
which we hereby ratify and promulgate:

Article 1
For the purpose of implementing the provisions of this Law, the following terms shall have meanings
assigned against each one of them unless otherwise provided by the text:
Minister: Minister for Justice.
Fund: Alimony Fund.
Beneficiaries: wife, divorcee, parents, children or whoever alimony should be paid thereto or whoever
is legally represents him.

Article 2
There shall be formed in accordance with the Law a Fund to be called "Alimony Fund" to be affiliated
to the Minister for Justice and shall have a public corporate entity and an independent budget.

Article 3
The Fund shall be administered by a Board of Directors from the Government and local sectors, its
formation and work system shall be promulgated by an Order to be issued by the Minister. The Chairman
shall represent the Fund before the law and third party.
The Fund's Board of Directors shall lay down an internal regulation therefor to be issued by an Order
from the Minister for Justice determining the cases to which alimony shall be paid thereto, the bases and
criteria used to calculate such alimony and the manner of collecting it from the obligors.

Article 4
The beneficiaries to whom decisions to calculate alimony have been passed in their favour should
apply to the Fund to obtain the adjudicated funds provided the application shall be accompanied by the
decision passed for alimony, notification indication and a certificate indicating that it has not been
executed by the debtor.
The Fund shall undertake the disbursement of the alimony funds to the beneficiaries within a period not
exceeding fifteen days from the date of application and fulfilling the legal conditions. The payment of
alimony shall be continued every month if judgement has not been amended or revoked.
The beneficiaries shall regularly update their details with the Fund every six months.

Article 5
Without prejudice to the provisions of Article (4) of this Law, it shall be permitted in urgent cases
determined by the Fund for every individual case and before passing a judgement confirming the alimony,
to pay a temporary alimony upon the request of either beneficiary provided the Fund shall recover such
sums from the amounts accrued to them as per the alimony judgement.

Article 6
The Fund shall replace the beneficiary in all the rights against a convicted person to the extent of the
amounts paid in addition to all the actual expenses incurred due to the refusal of the Defendant to pay the
alimony. The Fund shall have the required powers to claim such funds.

Article 7
The beneficiary's right to directly cash in the alimony shall be forfeited if the prescribed reason for
acquiring it has lawfully or legally been banned.
He shall provide the Fund with any changes that may take effect on his social or legal status which
might affect his alimony entitlement within ten days from the date such alteration.

Article 8
In the case of any accumulation of the alimony debts, priority shall be given to the alimony of the wife
or the divorcee followed by the children, parents and other debts.

Article 9
The Fund's resources shall consist of the following:
1. Monies allocated to the Fund by the state budget.
2. Alimony Funds collected from the Defendants.
3. Donations, contributions and grants approved by the Fund's Board of Directors, unless it is from any
foreign Organisation, it shall not be approved except by the Minister's approval.
The government shall maintain the required financial allocation for the Fund for the first two years.

Article 10
The Fund's cash money shall be deposited in a special account under the Fund's name in a national
Islamic bank to be determined by the Minister.

Article 11
All dealings and cases related to the Fund shall be exempted from all types of fees.

Article 12
Without prejudice to a harsher penalty provided for in the Penal Code or in any other Law a penalty of
imprisonment for a period not exceeding one month shall be inflicted upon any person who manages to
obtain any amounts from the Fund in execution of a judgement or an Order issued in accordance with the
provisions of this Law upon formal procedures or fabricated evidence, or to a case knowingly proven to
have vanished or changed.
In case of conviction, the court shall order the refund of the aforesaid amounts.

Article 13
Employees of the Fund shall be subject to the Civil Service Systems and shall also be applicable to the
provisions of Bahrain Law No. 13/1975 governing Pension and Retirement Benefits for the Civil
Servants, as amended and the Orders issued for its implementation.

Article 14
The Minister for Justice shall issue the required Order for implementing this Law.

Article 15
The Ministers, each in his respective capacity, shall implement this Law, which shall come into effect
from the first day of the following month after the lapse of six months from the date of its publication in
the Official Gazette.
Signed: Hamad bin Isa Al Khalifa,
King of the Kingdom of Bahrain.
Issued at Rifa’a Palace
On: 12 Rajab 1426 H,
Corresponding to: 17 August 2005

You might also like