Bahrain's Liberalism: A Complex Blend Of Culture And Politics

Bahrain is considered the most liberal country in the Arab world. Its liberalism is partly due to its historic role as a centre for commerce in the Gulf and the education reforms that began in the 20th century, which led to the development of the country's middle class. Bahrain's 2002 Constitution guarantees freedom of worship and the rights of all faiths. The country is also considered family-friendly, with good schools, a tolerant society, freedoms for women, and affordable living costs. However, it is important to note that while Bahrain is more liberal than its neighbouring countries, it still has a long way to go in terms of LGBT rights and the protection of minority groups.

Women's rights

Education and Employment

Bahrain is the most liberal in terms of women's education in the MENA (Middle-Eastern North-African) region. Bahraini women are also the most liberally educated in the region. In 2007, they made up 72% of the students at Arabian Gulf University and 67% of the University of Bahrain. However, despite their high educational attainment, Bahraini women are underrepresented in the workforce, making up only one-fifth of the working population. This is partly due to strong traditional values and social pressures encouraging women to stay at home and take care of their families, as well as the unavailability of certain subjects for female students, such as technical subjects.

Political Participation

In 2002, an amendment to the Bahraini Constitution gave women the right to vote and stand in national elections. This was a significant step towards gender equality, and by the 2006 elections, 16 female candidates ran for the Council of Representatives, with women making up 50.2% of the vote. However, women still face challenges in getting elected and are underrepresented in decision-making positions. In the 2018 parliamentary elections, only 39 women ran for office compared to 330 men. The Bahraini government has recognised this issue and has made efforts to increase female representation through its Supreme Council of Women, a semi-governmental body that has successfully trained and supported female candidates. As a result, six women were elected to Bahrain's lower house of Parliament in 2018, doubling the previous number and setting a record for the country.

Legal Rights

Bahrain's legal system is a complex combination of royal decrees, civil and criminal codes, and Sharia law, which often results in conflicting provisions regarding women's rights. While the secular part of Bahraini law advances women's rights, the religious part, based on Sharia law, holds them back. For example, there is currently no unified personal status law in Bahrain covering matters such as divorce and child custody, leaving these issues to the discretion of Sharia judges. Additionally, women's rights activists in Bahrain have faced intimidation, harassment, and physical abuse, with limited legal protections in place.

Family Law

In 2009, Bahrain passed its first personal status law, granting women the right to consent to marriage and include conditions in their marriage contracts. This law also allowed women to take separate residences if their husbands marry another wife. However, this law only applies to Sunni Muslim women, excluding Shi'ite Muslim women from these protections. Organisations like the Supreme Council of Women are working to ensure that personal status and family laws are applicable to all women and implemented within the court system.

International Treaties

Bahrain has signed on to several international treaties supporting women's rights, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). By joining CEDAW in 2002, Bahrain provided its female citizens with improved healthcare, education, and employment opportunities. However, Bahrain made reservations regarding articles that contradicted Sharia law, such as the prohibition of discrimination within governmental policies and the right for women to pass on their citizenship to their children.

In conclusion, while Bahrain has made significant strides towards advancing women's rights, particularly in education and political participation, there are still areas where progress needs to be made. The country's complex legal system and adherence to Sharia law present ongoing challenges to achieving true gender equality. Nonetheless, the continued efforts of non-governmental organisations and the government's commitment to fostering an inclusive and equal society provide hope for further advancements in women's rights.

Alcohol laws

Alcohol is legal in Bahrain, but only in certain places and under certain circumstances. Alcohol is available in hotels and through private licenses for sale to non-Muslims only. There are also some bars outside of hotels where alcohol is served.

To take a bottle of alcohol away, you need a foreign passport, although there is a duty-free shop in the airport. Drinking alcohol in public is illegal, and being drunk in public can result in imprisonment.

Drinking and driving is also illegal, and can lead to a fine or imprisonment, as well as deportation and the withdrawal of a driving license. Physical assault and damaging public property while under the influence of alcohol are also offences which may lead to a prison sentence.

LGBTQ+ rights

Same-sex sexual activity was decriminalised in Bahrain in 1976, but laws against indecency remain and are used to target gender and sexual minorities. While there is no explicit criminalisation of same-sex relations, authorities have used vague penal code provisions against "indecency" and "immorality" to target these minorities. This has resulted in imprisonment, fines, and deportation for LGBTQ+ individuals.

Legal Recognition of Same-Sex Relationships

Bahrain does not legally recognise same-sex relationships. Same-sex marriage is banned, and there is no recognition of same-sex couples in terms of adoption or residency permits.

Discrimination and Hate Crimes

Bahrain offers no protection from discrimination based on sexual orientation, gender identity, or expression. LGBTQ+ individuals face entrenched social stigma and discrimination in employment and housing. There are no laws prohibiting discrimination based on gender identity or sexual orientation.

Gender Recognition and Transition

Individuals can legally change their gender in limited circumstances, in accordance with Islamic understandings of sex and gender. Non-binary gender recognition is not legally recognised. While gender-affirming care is legal, medical transition is not possible for minors, and there are reports of courts denying gender marker changes on legal and identifying documents.

LGBTQ+ Organisations and Freedom of Assembly

There are no known LGBTQ+ organisations in Bahrain, and attempts to organise peaceful protests have been met with resistance and incitement from Islamist MPs. The formation of community groups or associations to support and promote LGBTQ+ rights is challenging due to legal and social barriers.

Public Opinion and Media Representation

Surveys indicate varying levels of resistance towards LGBTQ+ rights in Bahrain, with a notable prevalence of conservative views. Public opposition to homosexuality is widespread, and media representation of LGBTQ+ issues is often negative, with LGBTQ+ individuals portrayed from a religious "Islamic" perspective.

International Influence and Comparison

Bahrain's stance on LGBTQ+ rights is influenced by its religious and cultural traditions, particularly Islam. When compared to other Middle Eastern countries, Jordan and Bahrain are the only Arab countries where homosexuality is legal. However, some nations, such as Iran and Syria, provide legal approval for sex change operations under medical supervision.

Freedom of worship

The Bahraini constitution declares Islam to be the official religion and states that Sharia law is a principal source for legislation. However, it also provides for freedom of conscience, the inviolability of places of worship, and the freedom to perform religious rites. The constitution guarantees the right to express and publish opinions, provided these do not infringe on the fundamental beliefs of Islamic doctrine.

Religious Demography

According to the Bahraini government, there are approximately 712,000 citizens, constituting less than half of the country's total population of 1.5 million. Muslims make up 73.7% of the total population, with Christians, Jews, Hindus, Baha'is, Sikhs, and Buddhists accounting for the remaining 26.3%.

Status of Government Respect for Religious Freedom

The constitution provides for freedom of conscience, the inviolability of places of worship, freedom to perform religious rites, and freedom to hold religious parades and religious gatherings, in accordance with the customs observed in the country. All citizens are considered equal by law, regardless of gender, origin, language, or faith. The labor law prohibits discrimination in the public and private sectors on the grounds of religion or faith and deems dismissal due to religion to be arbitrary and illegal.

However, the constitution also guarantees the right to express and publish opinions, provided these do not infringe on the fundamental beliefs of Islamic doctrine and do not prejudice the unity of the people or arouse discord or sectarianism. The law prohibits anti-Islamic publications and broadcast media programs and mandates imprisonment for exposing the state's official religion to offense and criticism.

Religious Groups and Places of Worship

Muslim religious groups must register with the Ministry of Justice, Islamic Affairs, and Endowments (MOJIA) to operate. Non-Muslim groups must register with the Ministry of Labor and Social Development (MOLSD) and may also need approval from other ministries, depending on their intended activities.

As of 2020, 19 non-Muslim religious groups were registered with the MOLSD, including various Christian denominations, Hindu, Sikh, and Baha'i groups. Additionally, non-Muslim, non-registered groups include the Baha'i, Buddhist, and Jewish communities.

The law permits non-Islamic houses of worship to display religious symbols on their premises. Construction of places of worship requires approvals from national and municipal authorities, and the government determines the need for new mosques and non-Islamic houses of worship based on the demographics of the area.

Religious Education and Instruction

Islamic studies based on Sunni doctrine are mandatory for all Muslim students in public schools and optional for non-Muslims. Private schools, with a few exceptions, are also required to provide Islamic religious education for Muslim students. Outside of school hours, Muslim and non-Muslim students may engage in religious studies sponsored by the MOJIA, as deemed fit by their parents.

The government funds six registered Shia seminaries (hawzas), while others choose to be privately funded. There are no restrictions on religious studies abroad. The government also permits non-Muslim groups to offer religious instruction to their adherents in private schools.

Religious Freedom in Practice

Members of other religious groups are generally able to practice their faith privately without interference from the government or other religious groups. They are permitted to maintain their own places of worship and display religious symbols. The government funds all official religious institutions, including those of both Sunni and Shia Muslims.

Public religious events are permitted, such as the large annual commemorative marches by Shia Muslims during the Islamic months of Ramadan and Muharram.

Converts to Islam from other religious groups are welcomed into the Muslim community, while converts from Islam to other groups are not well tolerated by society and may face shunning, physical abuse, or feel the need to leave the country.

During the 2011-2012 Arab Spring uprising and the crackdown against Shia protests in Bahrain, dozens of Shia mosques were reportedly demolished by the government.

While the government generally permits prisoners to practice their religion, there have been reports from Shia activists that restrictions imposed by prison authorities have effectively denied Shia prisoners access to religious services and prayer time.

International Relations and Cooperation

U.S. government officials have met with senior Bahraini government officials to urge respect for freedom of religion and expression, including the right of religious leaders to speak and write freely, and to provide for the full and equal participation of all citizens, regardless of religious or political affiliation.

In October 2020, the King Hamad Global Center for Peaceful Coexistence and the Office of the U.S. Special Envoy to Monitor and Combat Anti-Semitism signed a memorandum of understanding to combat anti-Semitism in Bahrain and the region.

Political system

Bahrain has been described as the most liberal and tolerant Arab state. Its liberalism is partly due to its historic role as a centre for commerce in the Gulf, which has given it a different class and economic structure to its neighbours. Education reforms at the beginning of the 20th century also spurred the development of the country's middle class.

Since 2002, Bahrain has been a constitutional monarchy, with the government appointed by the King of Bahrain, Hamad bin Isa Al Khalifa. The head of the government since 2020 is Crown Prince Salman bin Hamad Al Khalifa, who is also Prime Minister and Deputy Commander of the Bahrain Defence Force. The parliament is a bicameral legislature, with the Council of Representatives elected by universal suffrage, and the Consultative Council (or Shura Council) appointed directly by the king.

Bahrain's commitment to democratisation means that elected representatives in Parliament are playing an increasingly central role in legislation and policy-making. However, the country's mixed system of government ensures that a single political party or power base cannot undo constitutionally enshrined rights and freedoms.

Bahrain's 2002 Constitution guarantees the rights of all faiths and freedom of worship. The country hosts around 20 churches, and the largest church in Arabia is set to be built in Manama.

Bahrain's system of financial regulation facilitates and encourages investment and trade, and the country scores highly in global ratings of economic performance and investment climate.

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