According to the 2005 International Religious Freedom Report, Shari’a governs the personal legal rights of women in Bahrain, although the new Constitution provides for women’s political rights. Specific rights vary according to Shi’a or Sunni interpretations of Islamic law, as determined by the individual’s faith, or by the courts in which various contracts, including marriage, have been made. While both Shi’a and Sunni women have the right to initiate a divorce, religious courts may refuse the request. Although local religious courts may grant a divorce to Shi’a women in routine cases, occasionally Shi’a women seeking divorce under unusual circumstances must travel abroad to seek a higher ranking opinion than that available in the country. Women of either branch of Islam may own and inherit property and may represent themselves in all public and legal matters. In the absence of a direct male heir, a Shi’a woman may inherit all property. In contrast, in the absence of a direct male heir, a Sunni woman inherits only a portion as governed by Shari’a; the balance is divided among brothers, uncles, and male cousins of the deceased. A Muslim woman may legally marry a non-Muslim man only if he first converts to Islam. In such marriages, the children automatically are considered Muslim.
In divorce cases, the courts routinely grant Shi’a and Sunni women custody of daughters under the age of 9 and sons under age 7, when custody usually reverts to the father. In all circumstances except mental incapacitation, the father, regardless of custody decisions, retains the right to make certain legal decisions for his children, such as guardianship of any property belonging to the child, until the child reaches legal age. A noncitizen woman automatically loses custody of her children if she divorces their citizen father.
