Sharia Law In Bahrain: Adherence And Influence

Bahrain's legal system is a mix of civil and sharia courts. The sharia courts, which are divided into Sunni and Shi'i departments, deal primarily with personal status matters such as marriage, divorce, and inheritance. The country's constitution declares Islam to be the official religion and sharia the principal source for legislation, guaranteeing freedom of conscience, the inviolability of places of worship, and freedom to perform religious rites. However, there are some limitations on these rights, and the government closely monitors religious groups and their activities, with reports of discrimination against the Shi'a minority.

Bahrain's legal system

The Bahraini judiciary is divided into secular and sharia courts, with the latter further divided into Sunni and Shi'i departments. Sharia courts have jurisdiction over all disputes relating to Muslim personal status, except disputes over estates, which fall under the civil court system.

The sharia courts apply classical Islamic personal status law and are regulated by the Judicature Law 1971. This law directs judges to have recourse to the following sources of law, in order of precedence: principles of sharia, custom, natural law, or principles of equity and good conscience.

The Bahraini constitution declares Islam as the official religion and sharia as the principal source for legislation. It provides for freedom of conscience, the inviolability of places of worship, and the freedom to perform religious rites. However, there are some limitations on these freedoms, such as prohibiting anti-Islamic publications and mandating imprisonment for "exposing the state's official religion to offence and criticism."

Sharia and the constitution

Sharia Law in Bahrain

Sharia, or Islamic law, is based on Islamic concepts derived from the Quran and Hadith. Historically, Sharia was interpreted by independent jurists (muftis) based on Islamic scriptural sources and various legal methodologies. In the modern era, Sharia has been replaced by statutes inspired by European codes in most parts of the Muslim world, with classical Sharia rules retained mainly in personal status laws.

The Constitution of Bahrain

Article 2 of Bahrain's 2002 Constitution, as amended in February 2012, declares that Islamic Sharia is the chief source of legislation. The Bahraini Constitution provides for freedom of conscience, the inviolability of places of worship, and freedom to perform religious rites. It guarantees the right to express and publish opinions, provided these do not infringe on the "fundamental beliefs of Islamic doctrine".

Sharia Courts in Bahrain

Bahrain has a dual court system, consisting of civil and Sharia courts. Sharia courts deal primarily with personal status matters such as marriage, divorce, and inheritance. Sharia courts of first instance are located in all communities, with a single Sharia Court of Appeal in Manama. Appeals beyond the jurisdiction of the Sharia Court of Appeal are taken to the Supreme Court of Appeal, which is part of the civil system.

The Role of the Supreme Council for Islamic Affairs (SCIA)

The government-run and funded Supreme Council for Islamic Affairs (SCIA) oversees general Islamic religious activities, as well as the publication of Islamic studies school curricula and official religious texts. The SCIA consists of a chair, a deputy chair, and 16 religious scholars, eight Sunni and eight Shia, most of whom are prominent preachers or Sharia judges. The King appoints all council members to a four-year term. The SCIA reviews all legislation proposed by parliament to ensure compliance with Sharia.

The Application of Sharia in Bahrain

While Bahrain's Constitution states that Sharia forms the principal basis for legislation, civil and criminal matters are governed by a civil code. Regarding family and personal status matters, the Constitution guarantees the duties and status of women and their equality with men, without breaching the provisions of Sharia. The personal status law states that either the Sunni or Shia interpretation of Sharia shall govern family matters, depending on the religious affiliation of the parties involved.

In conclusion, while Bahrain's Constitution recognises Islam as the official religion and Sharia as the principal source of legislation, the country has a mixed legal system that incorporates both Sharia and civil law. Sharia courts in Bahrain primarily handle personal status matters, while civil courts deal with civil, administrative, and criminal cases. The SCIA plays a significant role in ensuring that legislation and religious activities in the country align with Sharia principles.

Freedom of religion

Bahrain's constitution states that Islam is the official religion of the country and that Sharia (Islamic law) is a principal source for legislation. However, it also provides for freedom of conscience, the inviolability of worship, and the freedom to perform religious rites and hold religious parades and meetings, in accordance with the customs observed in the country. While the government has placed some limitations on these rights, it generally contributes to the free practice of religion.

Bahrain is home to a diverse range of religious groups, including Muslims, Christians, Jews, Hindus, Baháʼís, Buddhists, and Sikhs. The country's religious demographics vary depending on whether citizens or the total population, including non-nationals, are considered. According to the government's published census statistics from 2010, 99.8% of citizens were Muslim, while the Muslim proportion decreased to 70.2% when including non-nationals. The current census data does not differentiate between other religions, but there are about 1,000 Christian citizens and fewer than 40 Jewish citizens. Foreigners, who mostly come from South Asia and other Arab countries, constituted 54% of the population in 2010, with 45% being Muslim and 55% following other religions.

The Bahraini government allows religious-based political non-governmental organizations (NGOs) to register as political "societies" and participate in parliamentary and municipal elections. Every religious group must obtain a license from the Ministry of Justice and Islamic Affairs (MOJIA) to operate and may need approval from other ministries depending on their activities. The government prohibits anti-Islamic writings and mandates imprisonment for "exposing the state's official religion to offense and criticism." While there is no explicit legal prohibition against apostasy, societal pressure against conversion from Islam persists, and converts from Islam often face rejection and discrimination from their families and communities.

The government funds all official religious institutions, including mosques, ma`tams (Shia religious community centres), and waqfs (religious endowments) of both Sunni and Shia branches of Islam. It permits public religious events, such as the large annual commemorative marches by Shia Muslims during the Islamic months of Ramadan and Muharram. Additionally, the government allows non-Muslim religious communities to maintain their places of worship, hold gatherings, and display religious symbols. Bibles and Christian publications are openly displayed and sold in local bookstores alongside Islamic and other religious literature.

While the constitution guarantees freedom of expression, it also stipulates that individuals cannot infringe on the "fundamental beliefs of Islamic doctrine" or arouse sectarianism and discord. The penal code punishes individuals who insult or disdain other religious groups and prohibits imitating religious rituals or ceremonies with the intention of ridicule. The government monitors and regulates the content of religious sermons, summoning clerics who deviate from approved topics for questioning.

In terms of family and personal status matters, the constitution states that inheritance is a guaranteed right governed by Sharia law. It also guarantees the duties and status of women and their equality with men "without breaching the provisions" of Sharia. The personal status law states that either the Sunni or Shia interpretation of Sharia, depending on the individual's religious affiliation, shall govern family matters, including inheritance, child custody, marriage, and divorce.

While the government generally respects religious freedom, there have been concerns and criticisms regarding its treatment of the Shia community. Shia Muslims have reported discrimination in various sectors, including the military, security services, and education. During the 2011-2012 Arab Spring uprising, the government was accused of demolishing dozens of Shia mosques. Additionally, Shia clerics and activists have faced detention, arrest, and prosecution for their religious activities and expressions.

Shia and Sunni Muslims

Sunni and Shia Muslims share a lot of common beliefs and practices. Both accept the Quran as central, and draw on the Hadith, although they tend to favour different collections of sayings. They also share the Five Pillars of Islam: the declaration of faith in a monotheistic God and Muhammad as his messenger; prayer; charitable giving; fasting during Ramadan; and the pilgrimage to Mecca.

The primary ideological difference relates to questions of religious authority and leadership. Sunnis focus on following the Prophet Muhammad's example, whereas Shias focus on the lineage of Muhammad's family through a series of Imams. Sunnis became known as the followers of the Prophet's example, or Sunnah, and Shias as the followers of the Party of Ali, the Prophet's cousin and son-in-law, or Shi'atu Ali.

Shias make up about 10% of the global Muslim population and form a majority in five countries: Azerbaijan, Bahrain, Lebanon, Iran, and Iraq. Sunni Muslims make up the majority of more than 40 countries, from Morocco to Indonesia.

In many countries, Sunni and Shia Muslims have lived peacefully together and even intermarried. However, since the 1970s, and especially since the Iranian Revolution in 1979, there has been growing tension between the two communities in parts of the Middle East. The Iranian Revolution led to the rise of a Shia theocracy, which has since supported Shia Muslims in Iraq, Saudi Arabia, and Bahrain, as well as groups like Hezbollah in Lebanon and Hamas in Gaza. In turn, the foundational alliance between Wahhabism and the rulers of Saudi Arabia has seen Shia movements marginalised and communities attacked by ISIS.

The rivalry between Saudi Arabia and Iran has fuelled sectarian conflict in the region, with both countries exploiting tensions between Sunnis and Shias to further their ambitions.

Human rights abuses

Bahrain's human rights record has been described as "dismal" by Human Rights Watch, with reports of torture, forced disappearances, and the marginalization of the native Shia Muslim population. The country has also faced criticism for its crackdown on protesters during the 2011 Arab Spring, which included the destruction of dozens of long-standing Shia mosques.

• In March 2021, Human Rights Watch and the Bahrain Institute for Rights and Democracy claimed that children aged between 11 and 17 were being detained by Bahraini police over protest-related cases. These children were reportedly beaten, threatened with rape and electric shocks, and denied access to their parents and lawyers during interrogations.
• Bahrain has been accused of targeting the family members of prominent Bahraini activist Sayed al-Wadaei, including his wife, infant son, and relatives, due to his human rights work.
• The country has a growing problem of stateless people, known as Bedoon, who are often denied basic rights such as the right to hold legal residency, travel abroad, own land, or access public services like education and healthcare.
• In April 2021, rights defender Abdulhadi Al-Khawaja turned 60 and completed 10 years of unconditional imprisonment. His family expressed concerns about his declining health, particularly during the COVID-19 pandemic.
• In July 2021, non-governmental organisation IFEX called upon the Bahraini government to release prominent human rights defender Dr. Abduljalil AlSingace, who went on a hunger strike to protest against degrading treatment by prison authorities.
• In August 2021, it was revealed that the UK government had been using British taxpayers' money to fund a Bahraini government institution accused of "whitewashing" the torture and rape of women's rights activists.
• In October 2021, the US Senate Appropriations Committee addressed extensive human rights violations by the Bahraini government, including arbitrary detention, torture, unfair trials, and suppression of free expression and dissent.
• In December 2021, 12 members of the European Parliament signed a joint letter expressing grave concerns about human rights violations in Bahrain, specifically mentioning the imprisonment of opposition leaders and activists.
• In February 2022, it was revealed that Bahrain used Israel's Pegasus spyware to hack into the phones of individuals involved in political opposition, including a prominent lawyer, an exiled psychiatrist, and a journalist.
• In April 2022, Americans for Democracy & Human Rights in Bahrain (ADHRB) criticized the UK and US for turning a blind eye to Bahrain's legalization of systematic repression and human rights violations, including torture, unfair trials, and the killing of protesters and critics of the government.
• In August 2023, Bahrain used political isolation laws to curb the activities of activists and former opposition members, resulting in rights abuses and stifled democracy, according to a report by Human Rights Watch.

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