'Gazetteer of Arabia Vol. I' [‎360] (379/1050)

360
BAHRAIN
Class disabilities and priviliges. —Under the regime of the Shaikh and his relations the
condition of the Baharinah, who form the bulk of the cultivating class in the princi
pality, is unhappy. They are subject to a constant Sukhrah or corvee which affects
their persons, their boats and their animals; their position in regard to the land is that
of serfs rather than of tenants at will; and if they fail to deliver a certain amount of pro
duce, which is often arbitrarily enhanced by the Shaikh's servants and relations, they
are summarily evicted from their homes and in some cases are beaten and imprisoned
as well. Some of the Baharinah are in theory landowners, having been allowed in the
past to purchase gardens and obtain Sanads for the same; but their estates are often
resumed for no valid reason : even the sons of the present ruler have been guilty of this
injustice. The crops of the Baharinah are frequently stolen by the Bedouins who
range the island, or are damaged by their animals. It does not appear that the Bahari
nah are ever put to death without a regular trial by a Qadhi; but there is reason to
suspect that deaths due to ill-treatment sometimes occur among them, and their women
are apt to be molested by the Shaikh's servants. If oppressed beyond endurance the
Baharinah might emigrate to the QatTf Oasis, and a consciousness of this possibility
is the principal check upon the inhumanity of their masters.
The position of the Dawasir of Budiya' and Zallaq is somewhat peculiar. With their
neighbours the Baharinah they have little to do ; and their relations with the Shaikh of
Bahrain are distant though not unfriendly. They insist on being dealt with through
their own chiefs, and they have given the Shaikh of Bahrain clearly to understand that,
if he should take any action affecting them of which they disapprove, they will ouit
Bahrain in a body. It is considered, however, that the extensive purchases of date
plantations which four or five of their headmen have made of late years in the vicinity
of their settlements now render this threat difficult, if not impossible, of fulfilment.
The Bedouins, chiefly Na'im, of whose presence the islands are never free and whose
number reaches its maximum in the hot weather, are a cause of much trouble and annoy
ance to the settled inhabitants ; but they are patronised and encouraged by the Shaikh
from an idea, probably erroneous, that they would rally to his side in an emergency.
Religious and legal institutions* —The Shaikh of Bahrain and his family and tribe are
Sunnis, and the Sunni form of Islam consequently enjoys, as it were, official recognition
and preference.
Serious cases of a criminal nature and important cases of civil law not relating to
mercantile transactions or to the peatl fisheries are referred by the Shaikh to an official
chief Qadhi—at present Jasim-bin-Mahza' of Manamah—who is a Sunni; and, provided
that the whole of the parties are Bahrain subjects, the fact that some of them may be
Shi'ahs does not affect the established procedure in this respect.
Minor cases, especially those of a civil character, are sent for settlement, if both parties
are Sunnis, to Shaikh Sharaf-bin-Ahmad of Muharraq, Sunni; and, if both parties are
Shi'ahs, to Shaikh Ahmad-bin-Hurz of Manamah, Shi 'ah: to this extent the right of
Shi'ahs to have their cases disposed of by co-religionists is recognised. The secular
arm is brought into play by the Shaikh to enforce the findings, on the criminal side, of
these various judges ; the latter, unfortunately, are reported to discharge their functions
44 with the maximum of injustice ".f Besides the legal experts whose names have just
been mentioned, there are at the present time in Bahrain 7 other Sunni Qadhis and 2
Qadhis of the ShT'ah persuasion who are permitted by the Shaikh to adjudicate on cases
which the contesting parties may agree to refer to them. It is believed that, in criminal
matters, the headmen of Sunni tribes other than those residing in the towns of Mana
mah and Muharraq wield considerable magisterial powers ; and it is probable that
landowners of the Shaikh's family and their agents exercise a similar authority in
regard to the agricultural Baharinah. It is understood that the Baharinah, who,
as we have seen, are not generally landowners, are accustomed to submit their matri
monial cases and petty disputes about moveable property for settlement to their village
Mullas.
Mercantile cases, especially those in which foreigners are concerned, are decided
by a tribunal J called variously the Majlis-al-'Urfi or Majlis-at-Tijarah, that is the
head* 1116 ■^ 0re ^ n i>rocee(iin S s the Government of India for April 1901 contain some information under thia
_ tSince the political crisis of February 1905 the administration of justice in Bahrain has somewhat improved
toreginers" 110110n sll ^J ec ^ 18 growing more powerfu!, iargely in consequence of a steady influx of ^otected
t Regarding the Majlis, etc., see letters from Major P. Z, Cox. Resident in the Pprsia.n finit "NTn 7fi r»f
fee cox^Sted d ^ 0 " 616 0f M ' arcil 1900 ' Government of India's Foreign Proceedings for April 1901 may also