What is it with these so called “scholars”? The Shi’a ones that is who seem to be completely against codifying Family Status Laws? Afraid that their daily bread and butter will be taken away? Or is it that they’re afraid that their status within the community would diminish when such a law is passed? Or do they just revel in the surety that because of the various differing opinions they foist on people that with evening those differences by the adoption of a codified law their power will dissipate?
All of the above!
It’s got to be, why else oppose it so vehemently when we (the Shi’a) pride ourselves at being the more “illuminated” sect in that we follow the interpretation of living scholars rather than depending on code that has been carved in stone 1,400 years ago?
Or is it even more ominous than that? Is it that they just don’t want to see women have at least an equal hand to men if not better? Is that it? Sexual insecurity again?
For all that is Holy, can’t they just sit together and use their learned brains to hash out a solution and present it to the government to codify and implement?
Until when should we continue to hear the heartbreaking stories of women thrown in the street with their children and their only solace is a pittance of an alimony that is hardly ever paid?
Until when should we continue to hear of children ending up torn from their mothers just to spite her by her husband.
Until when should we continue to witness injustice being done without the judge being held to account?
Until when should women be at the mercy of unqualified and untouchable Shari’a judges?
If you really want to know what is and has happened in our Shari’a courts in the absence of codified set of laws dealing with the family, then go and read Ghada Jamsheer’s book.
It is amply clear that the community wants such a law, but we continue to hear the nonsensical opposition from “leading” clerics afraid of losing their position more than they are of defending Islam.
If you are confident that Shi’ism is indeed the enlightened sect and interpretation of Islam, why are you scrambling all over each other to put that torch out?
If they continue to oppose such codification, the government might well drop all laws specifically designed to deal with Shi’a jurisprudence and let the Shi’a Shari’a courts go to hell, with “let them slug it out themselves” thus marginalising us once again and who is to suffer except for our women and children?
I wouldn’t be surprised if they continue to oppose it or put nonsensical “conditions” for them to agree to such laws that a lot of our Shi’a women will opt to marry under the aegis of the Sunni Shari’a courts. And I wouldn’t blame them.
Comments
Family Status Laws, again.
still at the airport, but cruising the net I found this graphic which is excellent:
— mahmood
Family Status Laws, again.
Although I am NOT “[i]confident that Shi’ism is indeed the enlightened sect and interpretation of Islam”, [/i]I find it more appropriate to look for some profane explanations for the hard-line position taken by leading Shia clerics in Bahrain against ‘Family Status’.
Answers to some of your questions are good starting points. Yes, reforms will affect the clerics daily bread and butter (and much more). Yes, their status will be negatively affected within the community when such reforms are introduced. And, yes, these clerics would lose some of their power and their grip over people will be weakened as a result of codifying rules and regulations affecting family affairs.
Shia clerics are fighting for centuries-old privileges. To defend these privileges, status, power and hold over people, some leading clerics would certainly mobilize massive demonstrations and would call upon their followers to put on ‘burial shrouds’.
But the King knows that he has a trump card.
He knows, like you and I know, that to most leading clerics, their own privileges, status, power and hold over people are more important than all others woes in the country: constitutional issues, the rampant corruption, the land grab, unemployment, environmental degradation etc, etc.
It is anybody’s guess: would the King call the clerical bluff ? Or, would he let them have their way in exchange for tranquillity on other areas?
abuRasool
Family Status Laws, again.
Mohammed,
Once again you manage to encapsulate my views and experiences with accuracy. Family laws is not the only stick that they have to abuse us with, when it comes to inheritance law for the Shi’a, I have experienced horrors from these so called Judges, .. Simply robbery!
Re: Family Status Laws, again.
That’s another can of worms isn’t it! And as you alluded, both situations are connected politically and socially, as you have concisely explained. And that brings me to an issue that I felt uncomfortable about for some time now and that is how quite apparent the King and the clerics cosy up to each other and it seems from my simple observation that the King is much more religious than I expected him to be. The ring, the continuous visits to the clerics of both sects, their highlighted role in his various majlises etc. Scary. I would have like him to be more of a liberal and would have also liked to hear him say “no” to them and their demands more often, thus lessening their role a little. For instance, who needs yet another grand mosque in Bahrain for him to bequeath more land to?
Taking this into consideration, I don’t think we will see the day (as much as I look forward to it) when the king will call the clerics bluff. If the recent past is anything to go by, he would probably find an astute and shrewd way to silence them while giving in to them once again.
Another thing that bothers me, and with all due respect to the clerics whomever they are, how can they install themselves as MY representative? When the king visited Al-Wedai’i recently he got presented with seventeen demands from the Bahraini people! Since when did they get the mandate to speak in our name, or at least in my name?
This is much more than a platonic relationship, but then, what’s so different historically speaking? The regime has always depended on clerics and vice versa for support. But in this day and age it is time for this to change.
I don’t like it. And I hope that the king this time will do the right thing for the country, regardless of how the clerics feel. This issue is far too important to let them have too much sway on the codification of family laws. By all means they can assist in drawing the laws up and they should be consulted, but if their laws or their interpretation flies in the face of logic, can it and them.
Re: Family Status Laws, again.
That’s quite unfortunate and unnecessary. In this day and age we should have clear laws for these situations. I bet if there was a tax component in Bahrain then all of these so called “judges” will be carted off and thrown in a deep sea and never to be asked after again, because now, with tax for the government in the balance, the whole process would be more professional and hopefully efficient and there won’t be any mention of religion coming into it.
Regardless of taxation however, having codified family/personal laws is a no brainer. Why would any country or religion want to penalise a human being simply because of gender is beyond me.
Family Status Laws, again.
Mahmood what you say is completely true. Remember however the one who rules has to maintain the seat of power through a balanced power base which is still in the making since it was shaky to being with. Cosying up to the clerics does not make the ruler less liberal only cautions as only he knows how tight or how loose a rope he rides with a unicycle.
Apppointment of judges who are non-competent is a problem but maybe a way to consolidate the power base till educated judges come into the picture. Remember this is not a perfect democracy nor a properly constitutional democracy. Moreover preventing an unncessary islamic revolution too is another concern.
No one is more is more enlightened than the ones who choose to be irrespective of sect or caste or religion.
Clerics all over the world irrespective of religion try to maintain their grip of sorts over the people. The muslims clerics now are doing what christian clerics and the vatican was doing in Elizabethan times.
It is time for women to take the rolling pin and get the balls (mens) rolling. We need a women’s revolution. Don’t we have any amazonian type babes out here?
Family Status Laws, again.
I can understand why Shaikh Isa Qasim is extremely worried about and defiant to
Family Status Laws. He dreads that these laws will not comply with Shari’a. He wants
Shari’a laws be implemented rather than man-fabricated laws.
There are thousands of Shit’es who will do whatever Shaikh Isa says but I doubt if the majority
of them really know or may have read the Family Status Laws. It is blind following and submission.
I think that Shaikh Isa should have rallied against issues like unemployment, consititution 2002,
citizenship problems.
To be honest, I have not read the Family Status Laws! Although importnat, there are more issues.
Family Status Laws, again.
http://arabnews.com/?page=13§ion=0&article=72577&d=1&m=11&y=2005&pix=kingdom.jpg&category=Local%20Press
“The department that is said to refuse women’s identity cards is in fact the Justice Department. Al-Watan reported an incident two weeks ago at a court in Jubail. The judge refused the identification cards of two sisters and asked them to bring their family card instead. Not only that but he asked them who had taken the pictures which were on their identity cards.”
Are You A Grumpy Neanderthal?!
Do You Enjoy Demeaning Women?!
Fancy A Career Devoted To Doing Just that?!?!
THEN THE SAUDI SHARIA COURT IS THE PLACE FOR YOU!!
for $%£^’s sake! the idiot judge in the article was actually reprimanding the women for being photographed on their ID ?! Implying he probably didn’t have a clue what it was! If you were to see how they treat expat labourers who’ve been exploited by their employers you’d be horrified too…
A Saudi
Family Status Laws, again.
well – hopefully the women will get their act together in time and transcend the partisan issue here and start asking for their rights. like they did in kuwait. nothing is going to be handed to anyone on a plate for free .. and if the king/clergy are dealing with this politically – then i hope the women activists are approaching this politically as well. time for everyone’s game to get a bit better ..
jj
Family Status Laws, again.
Thoga writes that ” Shaikh Isa should have rallied against issues like unemployment, consititution 2002, citizenship problems”
I agree
But he has never shown a propensity to confront powers. He raises all the necessary noises but students of shiekh Isa Qassim politics know that he is likely to blink the moment the stakes are raised high enough to reach his own door steps. They, and the king, know that shiekh Isa Qassim is not shiekh Abdul Ameer Al-Jamri
In yesteraday Al-Meethaq there is the following interesting comment.
الميثاق :-
31 اكتوبر 2005
” أكد السيد كامل الهاشميأنمشكلة علماء المجلس العلمائيانهم يرÙ?ضونولا يضعونالبديل مشيرا إلى أنهناك علماء أكÙ?اء وعلى مستوى عال منالعلم تكÙ?لوا بصياغة مسودة القانونوهم على قرب منالمجال القضائيوأعلم منغيرهم موضØÂÂا أنالرأيالراÙ?ض دائما منغير مبررات واضØÂÂØ© يضيع الكثير منالجهود قائلا ” واتصور أنمجرد وضع العصا قيالعجلةة دونتقديم البديل خطأ كبير ”
وقال الهاشميإنه ليس مع ØÂÂملة التصعيد ضد قانونالأØÂÂوال الشخصية مؤكدا ثقته بعلماء الدينالذينصاغوا المسودة ورجعوا Ù?يها للÙ?قهاء راÙ?ضا أنيمثل المجلس العلمائيالØÂÂالة العلمائية قيالبØÂÂرينلإنه لا يضم غالبية علماء البØÂÂرينويوجد منهم خارج المجلس ويملكونمستويات علمية أعلى منهم Ù?يداخلة ومنذلك لم يرÙ?ضوا القانونبل تقدموا لصياغته منالمختصينوتم عرضه على الÙ?قهاء وعلى علماء البØÂÂرينايضا مشيرا Ù?يهذا الصدد إلى أنالضمانة الدستورية التييطالب بها علماء المجلس العلمائييجب انتخضع للنقاش خصوصا وأنها تتعلق بدستور 2002 الذيهومØÂÂÙ„ رÙ?ض عند البعض وإذا كانبعض العلماء ممنسكتوا على دستور 2002 وسلموا به يقودونØÂÂملة تصعيد ضد قانونالأØÂÂوال الشخصية الآن، Ù?إنهذه الØÂÂملة كانت يجب أنتتوجه لدستور 2002 الذيهوأبوالقوانينمؤكدا أنقانون2002 يعطيالملك صلاØÂÂيات مطلقة يمكنه منخلالها أنيغير أيقانونويلغيأيضمانة
وقال الهاشميلا يجب أنتعالج هذه المواضيع بمثل هذه الانÙ?عالية التيتضيع الكثير منالÙ?رص المعطاة الآنللعلماء على ØÂÂد قوله ØŒ مشيرا إلى أنمنطق التعنيÙ? مرÙ?وض ولا Ø£ØÂÂد يستطيع أنيعطيضمانات Ù?يظل نظام ØÂÂكم مطلق ”
http://www.bahrainonline.org/showthread.php?t=135211
Family Status Laws, again.
sorry for not signing the previous comment
“Thoga writes that ” Shaikh Isa should …………………………………………
AbuRasool
Family Status Laws, again.
Interesting fight between Al Wifaq and womens rights campaigners.
Re: Family Status Laws, again.
This is profound! Thanks for sharing that. I wonder how many feel the same way about Isa Qassem and Ali Salman. I find that Qassem’s demand specifically for a constitutional tool to “prevent tampering” the the Family Law if and when it is enacted an irony, does that mean too that he has implicitly accepted the 2002 constitution? Because I would think if this is the case, the government would be more than happy to acquiesce, because as far as they are concerned, the 2002 is the only constitution of the land.
I find that the whole fracas they are creating despicable. They are clearly more afraid of losing their own privileged positions, as you rightly explained, rather than ensuring that women and families are treated fairly.
But, once again we see women yesterday demonstrating against this proposed law!
Latest
[quote]Society plans rallies over personal law
Gulf Daily News, 6 November 2005
TWO demonstrations spearheaded by Al Wefaq National Islamic Society will be held this week, it was revealed yesterday.
In a statement, Al Wefaq called on its supporters to attend a demonstration on Wednesday near the Seef Mall at 3.30pm to condemn a campaign to introduce a personal status law in Bahrain.
It said the law should include no input from any source other than the Sharia and that there should be constitutional guarantees it would not be amended in the future without the approval of religious scholars.
The move to introduce the law is spearheaded by the Supreme Council for Women, backed by women’s and human rights activists. The activists say a lack of a personal status law in Bahrain gives Sharia judges too much scope to render very different judgements, which are often based on their own prejudices.
A similar demonstration was held last Thursday by Olama Islamic Council, spearheaded by religious scholars.
Al Wefaq is also urging its supporters to attend a demonstration on Friday, calling for constitutional reforms.
The march will begin at 3.30pm near Al Dana Mall, Sanabis, and continue to the King Faisal Corniche.
It is organised by the General Secretariat for the Constitutional Conference to coincide with the opening of the two-day Forum for the Future.
The general secretariat is made up mainly of four societies that boycotted the 2002 parliamentary elections – Al Wefaq, National Democratic Action Society, Islamic Action Society and Progressive Democratic Forum Society.
The societies maintain that the 2002 Constitution does not contain articles in the 1973 Constitution, which granted the elected Parliament more powers. They say the current system grants too much power to the government, which they say can indirectly vote on legislation through the appointed Shura Council. [/quote]
http://www.gulf-daily-news.com/Story.asp?Article=126167&Sn=BNEW&IssueID=28231
Family Status Laws, again.
The Joker has a good discussion going about this issue… check it out.
Trackback :: Let the protest season commence
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Ramadan has ended and the weather has become just cool enough to march in the streets… indeed, Bahrain’s protest season has commenced and is in full swing. I admit, I was getting bored during the summer months and I even decided to take …
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