Section II. Status of Government Respect for Religious Freedom
According to the constitution, Islam is the official religion, and the state safeguards the country’s Islamic heritage. The constitution provides for freedom of conscience, the inviolability of places of worship, freedom to perform religious rites, and freedom to hold religious parades and religious gatherings, “in accordance with the customs observed in the country.” The constitution provides for the freedom to form associations as long as these do not infringe on the official religion or public order, and it prohibits discrimination based on religion or creed. All citizens have equal rights by law. According to the constitution, all persons are equal without discrimination on the basis of gender, origin, language, or faith. The labor law prohibits discrimination in the public and private public sectors on grounds of religion or faith. The law also stipulates recourse through a complaint process to the Ministry of Labor and Social Development (MOLSD) to legal bodies in the event of discrimination or dismissal in the work place on the basis of religion.
The constitution guarantees the right to express and publish opinions provided these do not infringe on the “fundamental beliefs of Islamic doctrine,” and do not prejudice the unity of the people, or arouse discord or sectarianism.
The law prohibits anti-Islamic publications and broadcast media programs and mandates imprisonment of no less than six months for “exposing the state’s official religion to offense and criticism.”
Muslim religious groups must register with the Ministry of Justice and Islamic Affairs and Endowments (MOJIA) to operate. Sunni religious groups register with the ministry through the Sunni Waqf, while Shia religious groups register through the Jaafari (Shia) Waqf. The MOJIA waqfs are endowment boards, which supervise, fund the work of, and perform a variety of activities related to mosques and prayer halls. Non-Muslim groups must register with the MOLSD to operate. In order to register, a group must submit an official letter requesting registration; copies of minutes from the founders’ committee meeting; a detailed list of founders, including names, ages, nationalities, occupations, and addresses; and other information such as the group’s bylaws and bank account information. Religious groups also may need approval from the Ministry of Education (MOE), the Ministry of Information Affairs, or the MOI, depending on the nature of the group’s intended activities. If any religious group organizes functions outside of its designated physical space without approval, it may be subject to government prosecution and a fine. The law prohibits activities falling outside of an organization’s charter. The penal code does not specifically address the activities of unregistered religious groups, but provides for the closing of any unlicensed branch of an international organization plus imprisonment of up to six months and fines of up to 50 Bahraini dinars ($130) for the individuals responsible for setting up the branch.
The penal code calls for punishment of up to one year’s imprisonment or a fine of up to 100 dinars ($270) for offending one of the recognized religious groups or their practices, or for openly defaming a religious figure considered sacred to members of a particular group.
The law stipulates fines or imprisonment for insulting an institution, announcing false or malicious news, spreading rumors, encouraging others to show contempt for a different religious denomination or sect, illegally gathering, and advocating for a change of government, among other offenses. The Office of the Ombudsman, as part of the MOI, addresses the rights of prisoners, including the right to practice their religion.
The MOJIA oversees the activities of both the Sunni Waqf and the Jaafari Waqf, which are appointed by the king with recommendations from the president of the Supreme Council of Islamic Affairs. The respective endowment boards supervise the activities of mosques and prayer halls, review and approve clerical appointments for religious sites under their purview, and fund expenses for the building and maintenance of religious sites. According to the government, since August, MOJIA no longer funds endowment board members’ salaries. Endowment boards, like the remainder of MOJIA employees, now fall under the Civil Service Bureau, which is overseen by the crown prince-led Civil Service Council. Annually, the government allocates 2.7 million dinars ($7.16 million) to each endowment board. Tithes, income from property rentals, and other private sources largely fund the remainder of the endowment boards’ operations. The endowment boards may pay flat commissions and bonuses to preachers and other religious figures.
The government-run and -funded Supreme Council for Islamic Affairs (SCIA) oversees general religious activities taking place within the country as well as the publication of Islamic studies school curricula and official religious texts. The council is comprised of a chairman, a deputy chairman, and 16 religious scholars, eight Sunni and eight Shia, most of them prominent preachers or sharia judges. The king appoints all council members to a four-year term. Independent from other government scholarship programs, the council offers university scholarships for advanced Islamic studies for low-income students. The SCIA reviews all legislation proposed by the parliament to ensure the draft law’s compliance with sharia. The council also consults with other government entities before issuing permits to new Islamic societies or centers. The council is responsible for reviewing the content of Islamic programs broadcast on official government media, such as the official television station and official radio programs. The council also organizes interfaith conferences and workshops.
The king has sole legal authority to allocate public land, including for religious purposes, although he may delegate this authority to government officials, including the prime minister. By law, construction of places of worship requires approvals from appropriate national and municipal authorities. The law permits non-Muslim houses of worship to display crosses or other religious symbols on the outside of their premises. Government entities involved in allocating building permits include the MOJIA for non-Islamic religious sites, either the Sunni Waqf or the Shia Waqf under the MOJIA for Islamic sites and the Survey and Land Registration Bureau, a stand-alone government entity. The construction of a new mosque, whether Shia or Sunni, is based on a government determination of the need for a new mosque in the area. The government also determines the need for non-Islamic houses of worship.
The law regulates Islamic religious instruction at all levels of the education system. The government funds public schools for grades 1-12; Islamic studies are mandatory for all Muslim students and are optional for non-Muslims. Private schools must register with the government and, with a few exceptions (for example, a foreign funded and foreign operated school), are also required to provide Islamic religious education for Muslim students. Private schools wishing to provide non-Islamic religious education to non-Muslims must receive permission from the MOE. Outside of school hours, both Muslim and non-Muslim students may engage in religious studies that the MOJ sponsors, as their parents deem fit.
According to the MOE, no particular school of jurisprudence forms the basis of the Islamic studies portion of the public school curriculum. In coordination with the SCIA, a team of MOE-appointed experts routinely reviews and develops the Islamic studies of the public school curriculum to emphasize shared Islamic values between different Sunni and Shia schools of thought, reject extremism, and promote tolerance and coexistence. According to the government, the SCIA provides financial assistance to the six registered hawzas (Shia seminaries); other hawzas choose to be privately funded. The government does not permit foreign donors to contribute to privately funded hawzas. There are no restrictions on religious studies abroad. The government also permits non-Muslim groups to offer religious instruction to their adherents in private schools.
According to the constitution, sharia forms a principal basis for legislation, although civil and criminal matters are governed by a civil code. With regard to family and personal status matters, the constitution states inheritance is a guaranteed right governed by sharia. The constitution also guarantees the duties and status of women and their equality with men, “without breaching the provisions” of sharia. The personal status law states either the Sunni or Shia interpretation of sharia with regard to family matters, including inheritance, child custody, marriage, and divorce, shall govern depending on the religious affiliation of the party. Mixed Sunni-Shia families may choose which court system will hear their case. The provisions of the law on personal status apply to both Shia and Sunni women, requiring a woman’s consent for marriage and permitting women to include conditions in the marriage contract. Non-Muslims may marry in civil or religious ceremonies; however, all marriages must be registered with a civil court. Civil courts also adjudicate matters such as divorce and child custody.
The government does not designate religious affiliation on national identity documents, including birth certificates. Applications for birth certificates and national identity documents, however, record a child’s religion (either Muslim, Christian, Jewish, or other), but not denomination. Hospital admission forms and school registration forms may also request information on an individual’s religion.
The constitution says the state shall strive to strengthen ties with Islamic countries. It specifies the succession to the position of king is hereditary, passing from eldest son to eldest son. The royal family is Sunni.
The law prohibits individuals from being members of political societies or becoming involved in political activities while serving in a clerical role at a religious institution, including on a voluntary basis.
By law, the government regulates and monitors the collection of money by religious and other organizations. Organizations wishing to collect money must first obtain authorization from the MOJIA.
The law guarantees inmates of correctional facilities the right to attend burials and receive condolences outside prison.
The country is party to the International Covenant on Civil and Political Rights, with reservations stating it interprets the covenant’s provisions relating to freedom of religion, family rights, and equality between men and women before the law as “not affecting in any way” the prescriptions of sharia.