Manama: A Bahraini lawmaker has pressed for the adoption of the second section of the Family Law that applies to disputes falling under the jurisdiction of the Jaafari (Shiite) courts, insisting that 11,000 women were eagerly waiting for an end to their pending cases.
Bahrain’s Family Law, promulgated in 2009 in a significant milestone for women’s rights and the amelioration of their legal status, organises marriages and all related matters, including engagement, dowry, maintenance, parentage, separation and custody.
However, the law is applied only in Sunni courts after it was resisted by Shiite religious leaders who said that parliament was not qualified to debate or decide on family matters rooted in religious jurisprudence.
Only top Shiite marja’s, sources of emulation who often reside outside the country, can legislate on such matters and his decisions must not be altered or amended by any authority in Bahrain, they said.
However, several lawmakers and activists have been pushing for its adoption.
“Adopting the second section of the law related to the Jaafari section has become a social priority,” MP Sawsan Taqawi said.
“A group of lawmakers and I have sent a draft law for the second section that has reached the legal and legislative committee of the Council of Representatives.
“We have heard assurances that it would be debated during this session so that it is endorsed by the Council and transferred to the government. I urge all lawmakers to support the enactment of the law,” the MP who heads the foreign affairs, defence and national security committee at the lower house, said.
She added that statistics by experts in domestic violence reported that Shiite courts were looking into around 11,000 cases of women who were victims of violence or who have been, in some cases, engaged in divorce proceedings for more than 10 years.
“The Jaafari section of the family would largely contribute to ending the fracturing of Bahraini families and would help achieve stability and social security through its important guarantees,” the lawmaker, who in 2011 made history by becoming the first Shiite woman to be elected to parliament, said.
“The section will be promulgated only if it is approved by the legal and legitimate views of the experts, and therefore it will not disregard the religious views that represent the core of its application.
“I do support the campaigns launched recently to press for the adoption of the Jaafari section as the law will reduce the cases of violence and bring Bahraini families closer,” she said.
According to the lawmaker, the application of the Sunni section has shown its significance.
“Such laws exist in Arab and Muslim countries and Bahrain should not be away from the enactment of laws to deal with family status. The law will be fair to all and will not favour women over men as some of those who oppose it are claiming,” she said.
