Forum-Shopping and Choice of Law in Intra-sect and Inter-sect Muslim Family Disputes in Bahrain, Kuwait, and Qatar

Abstract The plurality of opinions that Sharīʿah affords has ensured justice for different groups and disputants in pre-modern times. Although this plurality had been limited by modern state codifications, forum-shopping and choice of applicable Muslim rules may still be possible in some contexts, albeit within the boundaries of state law. This is apparent in states whose legal framework of personal status accommodates or makes space for Jaʿfarī rules alongside Sunnī-based rules. Thus, this article examines the extent to which this is a possibility in intra-sect and inter-sect Muslim family disputes in Bahrain, Kuwait, and Qatar, and the ways in which actors have responded to this possibility or its limitation. The paper finds that the Bahraini system is the most flexible, while the Qatari system is the least flexible. Yet, both create opportunities for different groups, including women, that help to maximise their chances of receiving a favourable judgement.