The Shura Council approved a draft law to abolish article 353 of the penal code. Photo: Shura Council Bahrain
The Shura Council approved a draft law to abolish article 353 of the penal code. Photo: Shura Council Bahrain
The Shura Council approved a draft law to abolish article 353 of the penal code. Photo: Shura Council Bahrain
The Shura Council approved a draft law to abolish article 353 of the penal code. Photo: Shura Council Bahrain

Bahrain abolishes controversial rape law


Ismaeel Naar
  • English
  • Arabic

Bahrain’s parliament has voted to abolish a law exempting rapists from punishment if they marry their victim.

The move was welcomed by women’s rights activists, who fought for years against the legislation.

Bahrain’s upper house of parliament, the Shoura Council, unanimously voted to remove Article 353 from the country’s penal code. It allowed those who committed rape or sexual assault to avoid punishment if they married the victim.

“Rapists will not escape punishment. Bahrain is a country with a traditional Muslim culture with respect offered to many religions,” Minister of Justice, Islamic Affairs and Endowments Nawaf Al Maawada said during the weekly session of parliament.

“Governments need to study and update legislation as society and cultures evolve.”

Bahrain is the latest country in the Middle East and North Africa region to abolish laws or amend penal codes that have allowed rapists to avoid prosecution by simply pledging to marry their victims.

In 2017, Lebanon, Jordan and Tunisia scrapped similar laws in their countries.

Women protest in 2016 against a Lebanese law that allowed sexual assault to go unpunished in some circumstances. The law was amended in Lebanon the following year. AP
Women protest in 2016 against a Lebanese law that allowed sexual assault to go unpunished in some circumstances. The law was amended in Lebanon the following year. AP

Nancy Khedouri, a member of the Shoura Council and part of the foreign affairs, defence and national security committee that handled the bill to abolish the law, said the decision was important as part of the kingdom’s latest efforts at legislative reforms.

“The abolition of this article came as an imperative necessity because it did not address the issue of rape and did not provide adequate protection for women from this crime, but on the contrary, it protected the rapist and rewarded him for his crime by marrying the victim, without taking into account her psychological status and the status of her family in society,” Ms Khedouri told The National.

“It made those who are victims of the crime of rape in a worse situation than those who commit the crime, where a marriage resulting from a rape would allow a quick escape for the rapist from being lawfully penalised,” she added.

The secretary general of Bahrain’s Supreme Council for Women, Hala Al Ansari, said scrapping article 353 was consistent with recommendations made in 2015.

“The abolition of article 353 of the penal code is in line with the provisions of the family law article 24 and article 27, which require consent between the two parties. The move taken by the legislative branch would relieve the affected women of any pressures that may lead them to accept the fait accompli in case of an assault,” Ms Al Ansari said.

Khaled El Mekwad, UN resident co-ordinator in Bahrain, said: “This landmark legislative reform will increase the protection of the fundamental rights of women and girls in Bahrain.”

Speaking about efforts to draft the law, female members of parliament have said it was high time to change the legislation, which discriminated against victims.

Hala Al Ansari, secretary general of Bahrain’s Supreme Council for Women, at the UN Women Conference in Abu Dhabi. Ruel Pableo for The National
Hala Al Ansari, secretary general of Bahrain’s Supreme Council for Women, at the UN Women Conference in Abu Dhabi. Ruel Pableo for The National

“Article 353 of the penal code added another layer of challenge to the victim of punishing instead of protecting her, but obliging her to marry someone who committed a crime against her, degraded her dignity, deprived her of her most basic rights to choose her life partner and violated the pillar of consent as a condition for the validity of the marriage contract in Islamic law,” MP Eman Showaiter from the lower house of parliament told The National.

“The abolition of Article 353 of the Bahraini penal code is an important and necessary requirement to preserve the dignity and humanity of women.”

Both houses of parliament initially began efforts to debate the law in 2016 but these were shelved at the time.

The move this week to abolish the law was welcomed by Bahraini writers including Ahdeya Ahmed, who told The National that she wished it had happened earlier.

“Bahrain's government has worked tirelessly to ensure women in the country gain their full rights and are protected by the law, and unfortunately this law allowed rapists to get away with punishment if they married their victims,” Ahmed told The National.

“So it's unfortunate that it took so much time but at least it was finally abolished.”

The%20specs
%3Cp%3E%3Cstrong%3EEngine%3A%20%3C%2Fstrong%3ESingle%20front-axle%20electric%20motor%3Cbr%3E%3Cstrong%3EPower%3A%20%3C%2Fstrong%3E218hp%3Cbr%3E%3Cstrong%3ETorque%3A%20%3C%2Fstrong%3E330Nm%3Cbr%3E%3Cstrong%3ETransmission%3A%20%3C%2Fstrong%3ESingle-speed%20automatic%3Cbr%3E%3Cstrong%3EMax%20touring%20range%3A%20%3C%2Fstrong%3E402km%20(claimed)%3Cbr%3E%3Cstrong%3EPrice%3A%20%3C%2Fstrong%3EFrom%20Dh215%2C000%20(estimate)%3Cbr%3E%3Cstrong%3EOn%20sale%3A%20%3C%2Fstrong%3ESeptember%3C%2Fp%3E%0A
Ten tax points to be aware of in 2026

1. Domestic VAT refund amendments: request your refund within five years

If a business does not apply for the refund on time, they lose their credit.

2. E-invoicing in the UAE

Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption. 

3. More tax audits

Tax authorities are increasingly using data already available across multiple filings to identify audit risks. 

4. More beneficial VAT and excise tax penalty regime

Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.

5. Greater emphasis on statutory audit

There is a greater need for the accuracy of financial statements. The International Financial Reporting Standards standards need to be strictly adhered to and, as a result, the quality of the audits will need to increase.

6. Further transfer pricing enforcement

Transfer pricing enforcement, which refers to the practice of establishing prices for internal transactions between related entities, is expected to broaden in scope. The UAE will shortly open the possibility to negotiate advance pricing agreements, or essentially rulings for transfer pricing purposes. 

7. Limited time periods for audits

Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion. 

8. Pillar 2 implementation 

Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.

9. Reduced compliance obligations for imported goods and services

Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations. 

10. Substance and CbC reporting focus

Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity. 

Contributed by Thomas Vanhee and Hend Rashwan, Aurifer

Honeymoonish
%3Cp%3E%3Cstrong%3EDirector%3A%3C%2Fstrong%3E%20Elie%20El%20Samaan%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EStarring%3A%20%3C%2Fstrong%3ENour%20Al%20Ghandour%2C%20Mahmoud%20Boushahri%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ERating%3A%3C%2Fstrong%3E%203%2F5%3C%2Fp%3E%0A
UAE currency: the story behind the money in your pockets
ICC Women's T20 World Cup Asia Qualifier 2025, Thailand

UAE fixtures
May 9, v Malaysia
May 10, v Qatar
May 13, v Malaysia
May 15, v Qatar
May 18 and 19, semi-finals
May 20, final

The specs

Engine: 2.0-litre 4-cylturbo

Transmission: seven-speed DSG automatic

Power: 242bhp

Torque: 370Nm

Price: Dh136,814

BMW M5 specs

Engine: 4.4-litre twin-turbo V-8 petrol enging with additional electric motor

Power: 727hp

Torque: 1,000Nm

Transmission: 8-speed auto

Fuel consumption: 10.6L/100km

On sale: Now

Price: From Dh650,000

UAE currency: the story behind the money in your pockets
Living in...

This article is part of a guide on where to live in the UAE. Our reporters will profile some of the country’s most desirable districts, provide an estimate of rental prices and introduce you to some of the residents who call each area home.

Our legal advisor

Ahmad El Sayed is Senior Associate at Charles Russell Speechlys, a law firm headquartered in London with offices in the UK, Europe, the Middle East and Hong Kong.

Experience: Commercial litigator who has assisted clients with overseas judgments before UAE courts. His specialties are cases related to banking, real estate, shareholder disputes, company liquidations and criminal matters as well as employment related litigation. 

Education: Sagesse University, Beirut, Lebanon, in 2005.

Paris%20Agreement
%3Cp%3EArticle%2014%3C%2Fp%3E%0A%3Cp%3E1.%20%5BThe%20Cop%5D%20shall%20periodically%20take%20stock%20of%20the%20implementation%20of%20this%20Agreement%20to%20assess%20the%20collective%20progress%20towards%20achieving%20the%20purpose%20of%20this%20Agreement%20and%20its%20long-term%20goals%20(referred%20to%20as%20the%20%22global%20stocktake%22)%3C%2Fp%3E%0A%3Cp%3E2.%20%5BThe%20Cop%5D%20shall%20undertake%20its%20first%20global%20stocktake%20in%202023%20and%20every%20five%20years%20thereafter%C2%A0%3C%2Fp%3E%0A
MATCH INFO

Barcelona 4 (Messi 23' pen, 45 1', 48', Busquets 85')

Celta Vigo 1 (Olaza 42')

MATCH INFO

Barcelona 5 (Lenglet 2', Vidal 29', Messi 34', 75', Suarez 77')

Valladolid 1 (Kiko 15')

Updated: May 23, 2023, 1:47 PM