Parliament to Debate Raising Witness Evidence Limit to BD1,000

A Shura-drafted change to Bahrain’s evidence law will be debated in Parliament on Tuesday, with MPs due to consider lifting the limit for proving some civil claims through witness testimony from 500 dinars to 1,000.

The draft would amend the Law of Evidence in Civil and Commercial Matters issued by Legislative Decree No. 14 of 1996, by replacing Articles 61 and 62. In non-commercial disputes, witness testimony would be accepted to prove the existence or end of a legal transaction where its value does not exceed 1,000 dinars. Where the value is above that, or cannot be priced, proof would generally remain in writing unless an agreement or a legal provision says otherwise.

The Legislative and Legal Affairs Committee has recommended approval in principle, putting the bill on track for discussion and then a move through its articles.

In its response, the Government said the current 500-dinar threshold no longer matches day-to-day dealings, pointing to changes in purchasing power and the rising value of many civil transactions between individuals. It said practice has shown that people often deal in amounts above the current limit without written proof, and that raising the threshold would help claimants prove rights within the 1,000-dinar range by the available means of proof, including witness testimony.

The Supreme Judicial Council said it had no remarks on the draft, viewing the change as part of the legislature’s discretion.

The Ministry of Justice, Islamic Affairs and Waqf supported raising the threshold, but favoured keeping it at 1,000 dinars rather than increasing it to 3,000, which had been raised separately. The ministry said 1,000 dinars was more suited to current conditions and closer to comparable laws, while noting a shift away from cash payments and towards electronic transfers, which are commonly recorded in writing.

The draft keeps limits on using witness testimony even where the value falls within the 1,000-dinar ceiling. It would remain barred where it contradicts what is in a written document, where the claim is for the remainder or part of a right that must be proved in writing, or where a party first claims more than the ceiling and then reduces the claim to fall under it.