Gulf | Bahrain

Top Shiite scholars oppose family law draft

Say only the highest authorities can draft and approve jurisdiction over such matters.

  • By Habib ToumiBahrain bureau chief
  • Published: 23:35 January 4, 2009
  • Gulf News

Manama: Six of Bahrain's top Shiite scholars have vowed to resist a family law draft proposed by the government, saying that only the highest Shiite religious authority can draft and approve jurisdiction over family matters.

"We reiterate the position announced in March 2006 and that is a full rejection of the draft that excludes the Sharia," the scholars said in a statement, a copy of which was sent to Gulf News.

"The only option that will make us accept the law governing Shiite family matters is a constitutional guarantee that the drafting and possible amendments of the law in the future will have to be approved by the highest Shiite authority, and without any role for the parliament," said Jawad Al Wadai, Eisa Qasim, Mohammad Sanad, Abdul Hussain Al Sitri, Abdullah Al Ghuraifi and Mohammad Saleh Al Rabii.

Bahrain is among the few Arab countries that do not have a personal status or family law that regulates cases of marriage, divorce, child custody and inheritance, and judges in religious courts make their decisions according to their discretion, a fact that has been steadily criticised by activists decrying blatant abuses and calling for the review of disputes by civil courts.

Campaigns launched by the Supreme Council for Women and several women's rights activists have failed to make a breakthrough in the positions of conservative Sunni and Shiite Islamists who claim that the bicameral parlia-ment has no expertise to deal with Islamic jurisprudence.

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