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LGBTQ rights in Bahrain

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See also: Human Rights in Bahrain, History of LGBT, LGBTQ people and Islam, LGBT rights in the Middle East, LGBT rights in Iran, and LGBT rights in Saudi Arabia

LGBTQ rights in Bahrain
Bahrain
StatusLegal since 1976 (de jure)[1][2][3][4][5][6][note 1]
Gender identityLimited
MilitaryNo
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo
AdoptionNo

Lesbian, Gay, Bisexual and Transgender (LGBT) people living in Bahrain face legal challenges and discrimination not experienced by non-LGBT residents.[2][3][4][5] While same-sex sexual activity was decriminalised in 1976, laws against indecency remain and are used to target gender and sexual minorities. Offences under these provisions allow for sentences of imprisonment, fines and deportation.[7]

Individuals are able to change their legal gender in a limited range of circumstances that are assessed as being in accordance with Islamic understandings of sex and gender as transmitted by Sunni fiqh. The state offers no protection from discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics. LGBT individuals face entrenched social stigma.[6][8]

Attempts have been made to restrict the rights of LGBT individuals, however none have gone through.[citation needed]

Although no law explicitly criminalizes same-sex relations, authorities have used vague penal code provisions against "indecency" and "immorality" to target sexual and gender minorities.[9][6] There is no law that prohibits discrimination on the grounds of gender identity or sexual orientation.[10] There are several other parts of the penal code that can be used against LGBT people.

Similarly to Iran, there is a confusion between Homosexual and Trans individuals in Bahrain.[11]

Legality of same-sex acts

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Although no law explicitly criminalizes same-sex relations, authorities have used vague penal code provisions against "indecency" and "immorality" to target these minorities.[9][6][3]

Homosexual acts were first criminalised in Bahrain as "sodomy" while it was a protectorate of the British. Similar laws were imposed throughout the British Empire in nearly all of its colonies; these were mostly modelled on the original 1860 Section 377, introduced in India by the Raj.[12][13][14]

A new Penal Code was enacted in March 1976, repealing the Penal Code of the Persian Gulf that was imposed by the British.[2] The new penal code does not prohibit private, non-commercial acts of homosexuality between consenting adults; for the purposes of this law, "adults" are at least 21 years old.[citation needed]

In October 2021, members of parliament proposed a bill to amend the penal code; this would include renaming one of its chapters "Debauchery, Prostitution, and Perversion",[3] and the addition of two articles criminalizing "[raising] a flag, slogan, or any sign symbolizing homosexuals", "[promoting] the ideas and beliefs of homosexuals" and "[inviting, organizing or attending] any gathering or meeting of homosexuals", punishable by up to 5 years' imprisonment and a fine of 3,000-5,000 dinars.[3] The term used in the bill to refer to homosexuals is the derogatory Al-shawadh Jinsian (Arabic: الشواذ جنسيا).[15][16][17]

According to an interview conducted in 2023 by Ibraheem Al-Nahham for Al-Bilad Newspaper; a pro-government newspaper, Bahraini lawyer Fareed Ghazi (member of "liberal party" Economists Bloc and Al Muntada liberal think tank) stated that Bahraini law criminalizes same-sex relationships outside the framework of traditional Islamic marriage.[18][11] Ghazi cited religious beliefs and cultural practices as the basis for these legal restrictions, arguing that they are consistent with the country's cultural norms, further stating that any talk about homosexuality in the Kingdom of is a violation of Islamic law and the customs and traditions of Bahraini society (referring to the US embassy which celebrates pride month each year).[18][11] The interview did not address the existence of homosexual individuals in Bahrain or the scientific perspectives on homosexuality. The LGBTQ community in Bahrain is often spoken about from a negative religious "Islamic" perspective.[19] This reflects a broader pattern in some Islamic societies, where new scientific and technological developments, such as the internet, have faced resistance or controversy.[20]

In September 2023, Sonya Janahi, a member of the Bahrain Chamber of Commerce and Industry and part of Bahrain's Ajam community, spoke at the Arab Chambers Union meeting in Manama.[21] During the meeting, Janahi voiced her opposition to the acceptance of homosexuality, stating that it conflicts with Islamic and societal values.[21] She urged regional governments to form a unified stance on this issue, particularly within the Arab Labour Organization.[21] Janahi pointed out that discussions on sexual orientation and gender identity had led to divisions during the organization's financial committee meetings.[21] Despite efforts to resolve these disagreements, she noted that many Arab governments continue to resist incorporating issues related to homosexuality into official discussions.[21] Janahi further mentioned that around 50% of the member countries in the Arab League oppose homosexuality.[21] Her comments are representative of the conservative views that are prevalent in Bahrain, where public opposition to homosexuality is widespread.[21][note 2]

[edit]
  • Article 324 of the penal code prohibits enticing another person to commit prostitution or "fojoor" or "fujoor". This translates to 'immorality' and seems to have vagueness in terms of its legal definition. It has increasingly been used to crack down on men who wear women's clothing in public.[22]
  • Articles 325–327 involves forcing of others to become prostitutes.
  • Article 328 of the penal code prohibits running a place for prostitution or fojoor.[23]
  • Article 329 of the penal code prohibits people from public solicitation involving prostitution or fujoor.[23]
  • Article 330 of the penal code states that anyone who is charged with an act of prostitution or fujoor is to be taken to a hospital and tested for sexually transmitted diseases. If they have such diseases, the law stipulates that they be relocated to a medical facility for treatment.[23]
  • Article No. 350 of the Penal Code of Decree Law No. 15 of 1976 prohibits any sort of public indecency. The punishment for those “imitating the opposite sex” can reach up to a year in prison with 100 BHD fines.[24][25] This could pose serious risks for any individual that do not fit with societal norms and expectations (appearance wise).[23]
  • Article 354 of the penal code prohibits cursing or using words or signs on a street or other public place for the purposes of indulging in immoral behaviour.[23]

Penalties for convictions under the morality or indecency provisions are prison sentences ranging from 3 months to 2 years, fines of up to 200 Bahraini dinars, deportation for non-Bahrainis, or a combination.[6]

Articles 324, 329 and 350 can be used against homosexuals, Transgenders, or any other Queer individuals, as any citizen acting in a way deemed contrary to Islamic morality may be arrested. For example: a local same-sex couple showing affection in public; someone owning a rainbow flag; or even declaring one's own homosexuality, could all be considered public immorality and promoting "fujoor".[26][27]

Gender identity and expression

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Gender change recognition

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In 2017, the United States Department of State described processes for gender change recognition in Bahrain this way:[9]

On rare occasions, courts approved the issuance of new legal documents for those who have undergone gender reassignment surgeries. On 23 November, the courts denied a citizen who underwent gender reassignment surgery the right to change his name and identity documents to match his sex; the case was still pending final appeal before the Court of Cassation as at year's end.

The State Department's 2023 report said:

Courts permitted individuals to change their gender identity markers on legal and identifying national documents to bring them into alignment with their gender identity (as male or female). Individuals had to provide medical documentation of a "sex change operation" or medical necessity. Nonbinary, intersex, or gender nonconforming options were not available.

Two such "rare cases" in the 2000s were those of individuals designated female at birth who identified as male. One, having undergone a genital reconstruction surgery, was reported by the Gulf Daily News in 2006 as going to court in a bid to have his status as a man recognised in law. The legal case progressed through the Bahraini legal system until 2008, when the court granted the motion to allow the transgender man to change his legal documents and be recognised as male. The man's lawyer had earlier won a landmark 2005 case where a transgender Bahraini had undergone sex-confirming surgery and was legally recognised as a man. In both cases, the individuals concerned, although raised as females, were intersex or had some degree of genital or reproductive organ ambiguity.[28][29]

In 2023, Bahraini courts gave a ruling, in rejecting a transgender man's application, that access to sex reassignment medical procedures was against Islamic law in cases considered to be solely related to gender dysphoria; only individuals with some degree of intersex biological traits should be eligible for gender-confirming procedures, and thereafter legal recognition of gender change.[8]

Living conditions

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Government policies and actions

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The Al-Menbar Islamic Society is one of the more successful political factions within the Parliament, it has pushed for more conservative social policies, including a crackdown on LGBT people.[30][31]

In response to questions from parliament about lesbianism in schools, the Assistant Under-Secretary for Educational Services Khalid Al Alawi has said that the Education Ministry is not responsible for addressing issues of sexuality, and instead it is the responsibility of parents to take care of their children's emotional development: "It is not the schools' responsibility ... Any emotional problems should be dealt with by their parents – it is not up to the school to take actions on this problem. The public shouldn't make a big deal out of this problem because it does not exist." Speaking about the government's attitude, Mr Al Alawi said that "... as a ministry we cannot talk about a widespread phenomenon and we can't call them lesbians. ... the students are facing ... [the] category of educational problems, not immoral acts. If a student's appearance is contrary to custom and the school's values, then  ... those violating the school's rules should be disciplined."[32]

In 2008, a harsher crackdown on same-sex sexual acts was called for by members of the Al Menbar parliamentary bloc. The government is being asked to conduct an official study into the problem of same-sex sexual acts and how to best combat them. The initial response from the government was as follows;

  • The Interior Minister says that "suspected" (effeminate) homosexuals are banned from entering Bahrain by checks at the airport.[33]
  • The Interior Minister says that many male homosexuals choose a profession in hairdressing salons and beauty and massage spas, which the Minister says are often inspected.[33]

The government crackdown against cross-dressing appears to have begun a year later. In 2009, two Asian foreigners were sentenced to six months in jail, with hard labor, and later deportation for offering to have sex with undercover police offices in exchange for money at a Male Barbershop.[34][full citation needed]

In February 2009, a 39-year-old man was sentenced to a month in jail for wearing women's clothing in public, namely an abaya and purse.[35]

In 2011, police raided a party that was described in the press as a same-sex wedding ceremony.[36][37]

Other pending bills would expressly ban LGBT foreigners from entering the kingdom or receiving residency permits as well as plans to instruct children's teachers in apparent warning signs of homosexuality or cross-dressing, so that the children can be punished.[38]

In September 2013, it was announced that all Gulf Cooperative Countries had agreed to discuss a proposal to establish some form of, yet unknown, testing in order to ban gay foreigners from entering any of the countries.[39][40] However, it has been suggested that concern for hosting 2022 FIFA World Cup in Qatar, and fears for controversy in a case that football fans would have been screened, made officials backtrack the plans and insist that it was a mere proposal.[41]

In 2018, during its participation in the meeting of the Democracy and Human Rights Committee, the Parliamentary Division of the Kingdom of Bahrain objected to the re-raising of the issue "regarding the role of parliaments in ending discrimination based on sexual orientation, and respecting the rights of gays, bisexuals, transgender people, and intersex persons". The deputy d. Jamila al-Sammak, a member of the Parliamentary Division, said that "this proposal contradicts the natural composition of life, which consists of a man and a woman, just as all monotheistic religions, foremost among which the Islamic religion, have prohibited homosexuality and considered it a departure from the natural scope and the proper formation of life. Therefore, the Division believes that it is necessary to respect the privacy of societies in that matter."[42]

In June 2021, the US Embassy and members of the US Navy base in Bahrain, celebrated Pride Month by raising the rainbow flag and posting about it on social media,[43][44] prompting the state's Bahrain News Agency (BNA) and all local newspapers to publish several articles in Arabic condemning homosexuality, homosexuals, and even the US embassy.[45][1]

On December 6, 2021, the Shura Council of Bahrain publicly reinforced the country's conservative stance on sexual orientation and gender identity by declaring that homosexuality is contrary to human values and religious principles. This statement aligns with Bahrain's legal framework, which emphasizes personal freedoms while prohibiting behaviours considered immoral, as outlined in the Constitution and the National Action Charter. As a result, LGBT individuals in Bahrain face significant legal and social challenges due to these entrenched attitudes and regulations.[46]

On February 14, 2024, the Ministry of Education in Bahrain decided to refer the administration of a private school and its entire board of directors to investigation. The directive also included the dismissal of the private school's general manager. This decision came in light of a controversial video in which several students performed a scene that included suggestive gestures.[47][48] The scene depicted students enjoying themselves, with two male students pretending to propose to each other in class while other students cheered and had fun. The girl who recorded the video belongs to the Achomi ethnic minority, whose roots are from Kuhij.[49] Her family is well-known and respected in Bahrain. The social reaction from the community was overwhelmingly negative and deemed disproportionate.[47][48] The incident sparked a significant debate on social media and other platforms, raising questions about cultural norms, societal reactions, and the treatment of minority groups in Bahrain.[47][48]

In 2024, it was reported that several people were reportedly arrested from a local bar on claims of "immorality".[citation needed]

Family policy

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For Bahraini Muslims, marriage is defined and otherwise regulated by The National Personal Status Law (2017), which does not recognize same-sex marriages.[50]

False accusations

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Sometimes false accusations of homosexuality, or anti-gay innuendos, are levied against critics of the Bahraini government in an effort to discredit political or sectarian dissent. In a society where being gay is widely perceived as a vice or bad habit, accusing people of being gay, even in jest, can be an effective means of bullying reformers.

Human rights advocate Nabeel Rajab has been subjected to such accusations by people on social media. Similar insults have been launched at Sheikh Ali Salman, with some Twitter users referring to his Shia political party as "Al Wefag".[51]

Similarly, false accusations were circulated about the 2011 pro-democracy protesters gathered in Pearl Square. Participants of the protests were accused of engaging in all sorts of sexual immorality in an effort to discredit the protesters' demands.[51]

Derogatory terminology

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Arabic publications in Bahrain and the majority of Arabic-speaking Islamic countries, including laws, commonly refer to homosexuality and homosexuals as:

These terms denote "sexual paraphilia, perversion or deviation" such as pedophilia;[15] when used to refer to "homosexuals" they have derogatory and dehumanizing connotations.[16][17] Other derogatory terms include:

  • Lewat (Arabic: لواط)- equivalent to "sodomy", in reference to the Biblical and Quranic figure Lot.[16]
  • Luti (Arabic: لوطي) – equivalent to "sodomite."[16]

In contrast, non-derogatory terms are available, like:

Public opinion

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According to the World Values Survey in 2011, 42% of Bahraini people believed that "homosexuality is never justified", which was lower than the world average of 48% who agreed with that statement. It was also more accepting than any other Arab countries surveyed. The same survey found that 18% of Bahraini people "would not like to have homosexuals as neighbours" which was among the lowest percentage in the world.[59]

Some of the more lawful liberal and leftist political groups within Bahrain have expressed opposition to introducing Sharia law into the Bahraini penal code, but none of them have expressed support for LGBT rights.[citation needed]

In December 2021, the President of the Bahraini Educators Union, Safia Shamsan, described the statement of the Supreme Council for Islamic Affairs and its support for the statement of Al-Azhar Al-Sharif as "a right stance that we all support". And she explained that "what is constant in the laws of the earth is the common sense that Allah instilled in us and that is reinforced and protected by the heavenly religions". Shamsan claimed that it is "important to stand against the issue of alshudhudh aljinsi [homosexuality] and preventing its promotion through a systematic and fraudulent media".[52]

In the same year, Ma'an (Arabic: معاً), a Bahraini human rights organization, issued an article on BNA in Arabic titled "We support the statement of the Islamic Supreme Council and call for respect for Islamic and societal values", calling for "protection of society from all manifestations of Shudhudh (homosexuality) and attacks on Islamic and societal principles and values."[4] BNA and the local Bahraini newspapers accused Qatar of "promoting homosexuality" in the then upcoming FIFA World Cup.[60][61]

In June 2022, coinciding with pride month again, the US Embassy raised a rainbow flag and celebrated pride on their social media accounts, which instigated BNA and all local government allied newspapers (including Al-Ayam; a self-identified liberal newspaper) to publish several articles (in Arabic) condemning, attacking homosexuals (and calling them Shawadh 'paraphilic' or 'perverted'), and attacking the US Embassy itself, and claiming that "all religions" are against homosexuality, in addition to pseudoscientific Anti-Gay propaganda by saying no one is born gay and portraying monkeypox as a "Gay Plague".[5][53][62] In contrast, while a Sunni woman who accused Shia Muslims of being responsible for the spread of COVID-19 was arrested,[63] hate speech against the LGBTQ+ community remains widespread, with no legal consequences for those who engage in such rhetoric.[64][65] This is partly due to Bahrain's Article 309, which protects religious groups but does not extend similar protections to the LGBTQ+ community.[66][67]

Similarly, in June 2023, Salah Al-Jodar, a columnist for *Al-Ayam* newspaper, published an article strongly condemning the promotion of LGBTQ+ rights in Bahrain.[19] He criticized what he described as Western moral decline, linking issues such as family disintegration, divorce, and homelessness to the acceptance of homosexuality.[19] Al-Jodar argued that Western societies, having lost touch with traditional values, are "attempting to export these ideas to the Arab world under the guise of personal freedom" (despite the fact homosexuality existed in the Middle East before modern Gay Rights).[19] Al-Jodar's article was written in response to the US Embassy in Bahrain's public support for LGBTQ+ rights during Pride Month.[19] He expressed disapproval of the embassy's actions, stating that such behavior disrespects Bahrain's customs, traditions, and religious values.[19] He claimed that Bahraini society firmly rejects homosexuality, which he referred to as *shawadh* ('deviant'), and maintained that all religions and societal norms oppose such behaviours.[19] Al-Jodar's rhetoric mirrors common arguments in Bahrain, where LGBTQ+ identities are frequently portrayed as foreign to the country's social fabric and religious principles.[19] His views also reflect broader societal attitudes in Bahrain, where public expressions of support for LGBTQ+ rights often face significant backlash, particularly from conservative and religious groups. Despite growing awareness of LGBTQ+ issues globally, public opinion in Bahrain remains largely hostile, with social media platforms often serving as outlets for criticism against LGBTQ+ rights, especially during Pride Month.[19]

In February 2024, Ibrahim Al-Nahham, a Bahraini journalist from Al-Bilad, published an article titled "Homosexuality and the Sinister Plot" (المثلية الجنسية والمخطط الآثم), which reflects the conservative attitudes towards LGBT individuals in Bahrain. Al-Nahham strongly condemned homosexuality, labeling it as a threat to the country's moral fabric, religious values, and family structure. He expressed concerns about global media “promoting same-sex relationships,” arguing that such portrayals undermine traditional Arab-Islamic values and encourage what he described as "deviant" behaviors. The article called for the Bahraini parliament to take firm action by criminalizing homosexual acts and same-sex marriage to safeguard societal norms and protect future generations. This perspective aligns with the broader public sentiment in Bahrain, where homosexuality is widely viewed as incompatible with the country's cultural and religious foundations.[68]

On August 3, 2024, Albilad, posted an illustration drawn by caricature artist “Tariq Al-Bahhar” on their website and on Instagram depicting a roll of toilet paper with the colors of the LGBTQ+ pride flag, accompanied by the caption ‘المكان الصحيح’ (‘the correct place’). The post, which was widely viewed and commented on, reflects the prevailing negative attitudes towards the LGBTQ+ community in Bahrain. Such content reinforces societal stigmas and hostility, contributing to the broader atmosphere of intolerance that LGBT individuals face in the country. Public expressions like this are emblematic of the broader conservative and religious sentiments that shape attitudes toward LGBTQ+ rights in the region.[64][65]

Free speech and association

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The press in Bahrain has, since the 1990s, generally been allowed to discuss the subject of homosexuality, without being punished by the government. Initially, the discussion was focused on people and events happening outside of Bahrain, especially in the field of entertainment or the AIDS-HIV pandemic. In the early part of the twenty-first century, the Bahraini press has begun to address sexual orientation, gender identity, and the AIDS-HIV pandemic as they apply to the island.

In 2001, the Arabic language newspaper Al-Meethaq created a national controversy when it became the first newspaper to discuss homosexuality in Bahrain.[69]

On 21 December 2005, the Bahrain-based newspaper Gulf Daily News' British columnist Les Horton wrote a commentary.[70] This is probably the first time that a column expressing support for LGBT rights was published in a Bahraini newspaper, albeit an English language publication.

Bahraini citizens who criticize or denigrate Islamic scripture, including advocating for a more permissive interpretation, can be imprisoned for up to a whole year. An unidentified female Bahraini citizen who mocked Islamic scripture on Twitter, was reported by people and this got her subsequently arrested.[71] The Gulf Daily News has continued to write articles that touch upon homosexuality and gender identity. For example, it has published several articles on Bahraini female homosexuality in girls' high schools and Bahraini women who claim to have become lesbians based on abusive relationships with men.[citation needed]

Human Rights Watch, the international non-governmental organisation, has identified legal and social barriers to the formation of community groups or associations for support or promotion of LGBT rights in Bahrain.[72] The government body that controls the registration of associations and private foundations may deny registration to any organisation if it judges that its aims are contrary to morality or the maintenance of public order, or if "society does not need its services".[73] The US Department of State reports there are no approved LGBT-related organisations and deems it unlikely they could form, or "openly convene events publicly supportive of the LGBTQI+ community" in the face of currently prevailing societal norms. ILGA concludes that given the social and legal context, it is "improbable that an organisation working on sexual and gender diversity issues would be registered".[6]

In 2023, r/BahrainLGBT subreddit reportedly got shutdown brigaded after Islamist MP Mohammed Al-Hussaini incited against a proposed "peaceful protest" planned by the LGBT community of Bahrain.[74][75] A user expressed a sentiment mocking the inconsistency in Bahrain's legal stance, highlighting that while practices such as prostitution and alcohol consumption are permitted, homosexuality remains strictly prohibited.[76] The owner of the subreddit was reportedly arrested and outed Infront of his mother by the police.[citation needed]

Human rights reports

[edit]

In 2017, the United States Department of State reported the following, concerning the status of LGBT rights in Bahrain:[9]

The law does not criminalize same-sex sexual activity between consenting persons who are at least age 21, but discrimination based on sexual orientation or gender identity occurred.

The 2023 Country Human Rights report from the US Department of State said:[6]

The law did not criminalize same-sex sexual conduct between consenting adults. It prescribed fines, imprisonment, deportation, or a combination thereof for persons engaging in "debauchery" or "public indecency". The government used this provision against individuals suspected of being lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) or of "cross-dressing".

Summary table

[edit]
Same-sex sexual activity legal Yes (Since 1976)[2][3][4][5][23]
Equal age of consent (21) Yes (Since 1976)
Anti-discrimination laws in employment No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No Adoption is not legally available to anyone, regardless of sex or orientation, in accordance with traditional interpretations of Islamic law regarding family relationships[77]
Joint adoption by same-sex couples No Adoption not legal for anyone of whatever sex or sexual orientation[77]
Gays, lesbians and bisexuals allowed to serve openly in the military No
Right to change legal gender Yes/No Very limited. Court-ordered, long legal processes involved[6]
Conversion therapy made illegal No
Access to IVF for lesbians No Fertility treatments using donor sperm or ova are unavailable to any person. Only a woman and a man married to each other have access to assisted reproduction
Commercial surrogacy for gay male couples No Gestational surrogacy is not legal, regardless of sex or orientation[77]
Conversion therapy banned No
MSM allowed to donate blood Yes (No specific laws against it)

See also

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Attribution

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Public Domain This article incorporates public domain material from websites or documents of the United States Department of State.

References

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  23. ^ a b c d e f Bahrain Penal Code, 1976 (PDF), retrieved 4 January 2021 – via Menarights
  24. ^ "الحبس سنة وغرامة 100 دينار للمتشبهين بالنساء والرجال" [One year imprisonment and a fine of 100 dinars for those who imitate women and men]. www.albiladpress.com. 27 January 2024. Archived from the original on 27 January 2024. Retrieved 24 August 2024. السؤال:ما عقوبة المتشبهين بالنساء والمتشبهات بالرجال؟ المحامي‭ ‬تقي‭ ‬حسين‭: ‬تنص‭ ‬المادة‭ ‬رقم‭ ‬350‭ ‬من‭ ‬قانون‭ ‬العقوبات‭ ‬من‭ ‬المرسوم‭ ‬بقانون‭ ‬رقم‭ ‬15‭ ‬لسنة‭ ‬1976‭ ‬بالعقوبة‭ ‬المقررة‭ ‬لكل‭ ‬ذكر‭ ‬تشبه‭ ‬بالنساء‭ ‬وكل‭ ‬امرأة‭ ‬تشبهت‭ ‬بالذكور،‭ ‬والعقوبة‭ ‬الحبس‭ ‬لمدة‭ ‬لا‭ ‬تزيد‭ ‬على‭ ‬سنة‭ ‬والغرامة‭ ‬التي‭ ‬لا‭ ‬تتجاوز‭ ‬100‭ ‬دينار‭ ‬لمن‭ ‬أتى‭ ‬علنا‭ ‬بفعل‭ ‬مخل‭ ‬بالحياء،‭ ‬كما‭ ‬تكون‭ ‬العقوبة‭ ‬ذاتها‭ ‬لمن‭ ‬ارتكب‭ ‬فعلاً‭ ‬مخلاً‭ ‬بالحياء‭ ‬مع‭ ‬أنثى‭ ‬ولو‭ ‬في‭ ‬غير‭ ‬علانية،‭ ‬حيث‭ ‬إن‭ ‬ممارسة‭ ‬فعل‭ ‬التشبه‭ ‬بالجنس‭ ‬الآخر‭ ‬هو‭ ‬أمر‭ ‬مجرم‭ ‬ويعد‭ ‬تحريضًا‭ ‬على‭ ‬الفجور‭ ‬وفقاً‭ ‬لنص‭ ‬المادة‭ ‬رقم‭ ‬329‭ ‬من‭ ‬قانون‭ ‬العقوبات‭ ‬من‭ ‬المرسوم‭ ‬بقانون‭ ‬رقم‭ ‬15‭ ‬لسنة‭ ‬1976. ويعاقب‭ ‬بالحبس‭ ‬لمدة‭ ‬لا‭ ‬تتجاوز‭ ‬عامين‭ ‬لكل‭ ‬من‭ ‬حرض‭ ‬علناً‭ ‬في‭ ‬مكان‭ ‬عام‭ ‬على‭ ‬ممارسة‭ ‬الفجور‭ ‬أو‭ ‬الدعارة،‭ ‬وذلك‭ ‬عبر‭ ‬الإغراء‭ ‬أو‭ ‬بالدعوة‭ ‬والإعلان‭ ‬أو‭ ‬لفت‭ ‬الأنظار‭ ‬من‭ ‬قبل‭ ‬المحرض‭ ‬على‭ ‬أعمال‭ ‬الرذيلة‭. ‬وعليه‭ ‬استنادا‭ ‬إلى‭ ‬ما‭ ‬ذكر‭ ‬فإن‭ ‬الفعل‭ ‬المراد‭ ‬تجريمه‭ ‬يعتبر‭ ‬متضمناً‭ ‬بما‭ ‬ذكر‭ ‬في‭ ‬قانون‭ ‬العقوبات،‭ ‬لاسيما‭ ‬أن‭ ‬مقصد‭ ‬الشارع‭ ‬من‭ ‬التحريض‭ ‬على‭ ‬الفجور‭ ‬هو‭ ‬مجرد‭ ‬الدعوة‭ ‬أو‭ ‬لفت‭ ‬النظر‭ ‬إلى‭ ‬ذلك،‭ ‬لأنها‭ ‬من‭ ‬جرائم‭ ‬الاعتداء‭ ‬على‭ ‬الحياء‭ ‬العام‭ ‬فيتحقق‭ ‬بمجرد‭ ‬ارتكاب‭ ‬أفعال‭ ‬أو‭ ‬إبداء‭ ‬أقوال‭ ‬تهدف‭ ‬بذاتها‭ ‬إلى‭ ‬تنبيه‭ ‬الذهن‭ ‬إلى‭ ‬أن‭ ‬هناك‭ ‬شخصا‭ ‬مستعدا‭ ‬للفجور‭ ‬بالطريق‭ ‬العام‭ ‬سواء‭ ‬صدر‭ ‬من‭ ‬ذكور‭ ‬أو‭ ‬إناث‭.‬ [Question: What is the punishment for those who imitate women and men? Lawyer Taqi Hussein: Article 350 of the Penal Code of Decree-Law No. 15 of 1976 stipulates the penalty for any male who imitates a woman and any woman who imitates a male, and the penalty is imprisonment for a period not exceeding one year and a fine not exceeding 100 dinars for anyone who publicly commits an indecent act. The same penalty shall apply to anyone who commits an indecent act with a female, even in a non-public manner, as practicing the act of imitating the opposite sex is a criminal act and is considered an incitement to debauchery according to the text of Article 329 of the Penal Code of Decree-Law No. 15 of 1976. Anyone who publicly incites in a public place to practice debauchery or prostitution, through enticement or by calling and advertising or drawing attention by the inciter to acts of vice, shall be punished with imprisonment for a period not exceeding two years. Accordingly, based on what was mentioned, the act intended to be criminalized is considered included in what was mentioned in the Penal Code, especially since the intent of the legislator in incitement to debauchery is merely calling or drawing attention Considering this, because it is a crime of assault on public decency, it is achieved by simply committing actions or expressing statements that aim in themselves to alert the mind to the fact that there is a person ready to commit immorality in the public road, whether it is from males or females.]
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  54. ^ "تشريعاتنا العربية وتجريم الفعل المِثلي" [Our Arab legislation and the criminalization of homosexual acts]. Ahwaa (in Arabic). 30 July 2011. Retrieved 26 August 2024. اغلب القضايا التي عُرضت على المحاكم والتي يكون فيها أساس الاتهام علاقة مثلية او حتى تصرف مثلي او شخص ذا ميول مثلية لم يعشها بعد تقوم بربط الفعل المثلي بتصرفات وسلوكيات اخرى تفقده الفعل الخصوصي (الحميمي)ليصبح فعلاً فاضحاً- مرتذلاً- شاذاً غير اخلاقي وخطير على المجتمع والافراد لان المثلي يمكن ( ان يغتصب ويعتدي ويتحرش بالأطفال-يبتز الاشخاص- يقلب قواعد الطبيعة- يزعزع استقرار المجتمع ومن المحتمل ان يتسبب المثليون في امراض تشكل خطورة على حياة الاصحاء) كل هذه العبارات وردت في الاحكام الصادرة عن مختلف المحاكم العربية بشأن قَضايا حُكم فيها على تصرفات مثلية ورد بعضها في محاضر بحث وتصريحات [Most of the cases brought before the courts in which the basis of the accusation is a homosexual relationship or even homosexual behavior or a person with homosexual tendencies who has not yet experienced it, link the homosexual act to other actions and behaviors that make it lose its private (intimate) act and become a scandalous, vulgar, deviant, immoral and dangerous act for society and individuals because the homosexual can (rape, assault and molest children - blackmail people - overturn the rules of nature - destabilize society and it is possible that homosexuals cause diseases that pose a danger to the lives of healthy people) All of these phrases were mentioned in the rulings issued by various Arab courts regarding cases in which homosexual behavior was ruled upon, some of which were mentioned in research reports and statements]
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  58. ^ “Ibn Abi Hatim recorded a simpler narration than this one from Ubay bin Ka`b who said, "O Allah's Messenger! When the Ayah in Surat Al-Baqarah was revealed prescribing the `Iddah of divorce, some people in Al-Madinah said, `There are still some women whose `Iddah has not been mentioned in the Qur'an. There are the young, the old whose menstruation is discontinued, and the pregnant.' Later on, this Ayah was revealed, وَاللاَّئِى يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَـثَةُ أَشْهُرٍ وَاللَّـتِي لَمْ يَحِضْنَ (Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses.)” Tafsir Ibn Kathir 65:4
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Notes

[edit]
  1. ^ Referenced links state clearly that the people and even the government (according to their own publications) are opposed to homosexuality, so while it is legal in the law per text, it is not truly legal per say.
  2. ^ The columnist himself is also part of the Ajam community aka the Iranians of Bahrain.
[edit]
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