Family Law: Why Just Adopting the Section Related to the
Sunni Sect?
Historically, there has always been a great deal of sensitivity
among Shia scholars regarding the interference of political authorities
-whether positive or negative - in their religious affairs. Throughout
their history, Shia scholars were eager to distance themselves and
their sect’s private affairs from the ruling authorities and preferred
to retain complete independence even financially.
Perhaps this historical legacy can provide an explanation for
the position that was adopted by Shia scholars in Bahrain when they
rejected the draft personal law (now known as the family law) whether
it dealt with both sects or applied exclusively to the Shia. The
Government presented the draft law to both parties but was rejected
by the Shia whereas the Sunni section was then passed onto Parliament
for discussion and was recently endorsed.
The Shia’s rejection of the draft law does not merely stem from
their disagreement with some of its articles, but the root of the
problem lies in their fear that regulating personal law would allow
the political authority to interfere even more in their private
religious affairs. This apprehension extends to issues far beyond
those concerning the family and woman and could include all the
religious affairs of the Shia. The Government recently gave up on
its attempt to regulate religious rhetoric and institutions (mosques
and husainiyat) in the hope that an agreement between the Government
and religious scholars would be reached.
Any state is inclined to extend its domination to the private
sphere and especially the religious one, and this is what worries
some, for regulating religious rhetoric, institutions and activity
in general is crucial for the development of the state and is also
a necessity for the citizens themselves.
But how can this be achieved without the State’s interference
and an expansion of its control? And how can scholars be convinced
that regulating and institutionalizing religious activities does
not necessarily constitute ‘negative’ interference from the Government?
The Government tried to convince the Shia firstly that accepting
the law is in the interest of religious work and secondly in the
interest of the State and its citizens. The Government also presented
some plausible safeguards that it will not and does not wish to
interfere in private religious affairs, which will be in the hands
of religious scholars presently and in the future. But all this
was not enough and resulted in hindering the progress of the new
law.
On 27 May 2009, the law No (19) was signed by the King regarding
family law for the Sunni section after it was endorsed by the Parliament.
Article (2) of the law states that the law is only to be amended
after consulting a specialized committee in Sharia law formed by
royal decree half of whom should be religious scholars and Sharia
law judges.
Some scholars believe that in fact, this law only came about
due to Western pressure on the Bahraini Government. We, however,
do not think that this is the case and believe that the introduction
of the family law was a result of local and public demand. Regardless
if this claim is correct, this is not a sufficient reason to reject
the law as there are many families which have been subjected to
cruelty and assault due to the absence of such a law and also due
to the dominance of personal interpretations among judges who deal
with family and woman-related issues. Until now, the safeguards
of the Government have not calmed the fears of Shia scholars and
further debate, discussion and understanding are needed between
both parties in order to enable this law to materialize, which will
hopefully take place soon, and will not be hindered by unfeasible
demands such as changes in constitutional articles or the addition
of new ones.
The Shia in Bahrain are partners in the three authorities of
the State , and hence they are not strangers nor is the State a
foreign entity to them. This should supposedly reduce the amount
of sensitivity and mistrust even to a lower degree especially at
this time. Some could see the rejection of the family law as indicating
a lack of trust among Shia scholars themselves and their public,
as though they are the weak link that can be easily broken even
by trivial causes. The interests of the State do not contradict
with the interest of its Shia citizens and the adoption of family
law has advantages which all parties can easily see, whether it
be those concerned with the issuing and implementation of the law
or those affected by its implementation.
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