VZCZCXRO7954
RR RUEHBC RUEHDE RUEHDH RUEHKUK RUEHROV
DE RUEHAM #2018/01 2461407
ZNR UUUUU ZZH
R 031407Z SEP 09
FM AMEMBASSY AMMAN
TO RUEHC/SECSTATE WASHDC 5879
INFO RUEHEE/ARAB LEAGUE COLLECTIVE

UNCLAS SECTION 01 OF 03 AMMAN 002018 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KIRF SOCI JO
SUBJECT: JORDAN: POST FIGHTS FOR BAHA'I BIRTH CERTIFICATE, 
HIGHLIGHTS LIMIT OF RELIGIOUS FREEDOM IN JORDAN 
 
¶1. (SBU) Summary: The approximately 1,000 Baha'i in Jordan 
face several forms of official discrimination, including the 
non-recognition of their faith and assembly, inability to 
register schools and places of worship, and difficulties in 
obtaining official documentation.  One of the Baha'is 
immediate concerns has been securing a birth certificate for 
a six-year-old Baha' girl unable to attend school without 
one.  Post, using it as a test case,  actively engaged the 
Ministry of Interior's Civil Status Department and other 
government officials in an attempt to obtain the certificate. 
 A conversion from Islam to Bah'i by the girl's maternal 
grandfather in the 1970s and a subsequent fatwa by the Grand 
Mufti declaring the conversion invalid is at the heart of the 
problem.  The Civil Status Department states that Shari'a law 
and the fatwa mandates that the family's documents must 
indicate that they are Muslims.  The Baha'i do not accept 
this decision.  Post and the Baha'i have yet to secure a 
birth certificate for the girl but did secure her enrollment 
in school based on a letter from the Ministry of Interior to 
education officials.  Post will continue to advocate for full 
religious freedom for Baha'is' and is also pressing for 
religion to be removed from the national identification card. 
 End Summary. 
 
The Baha'i and Their Problems 
----------------------------- 
 
¶2. (SBU) The small Baha'i community in Jordan, estimated to 
be approximately one thousand, continue to face several forms 
of official discrimination.  The Baha'i faith and its 
representative assembly are not recognized by the government 
and they are unable to officially register either schools or 
places of worship.  The Baha'i have registered two cemetaries 
but one cemetary continues to be registerd in the name of the 
Ministry of Awqaf and Islamic Affairs.  The Baha'i community 
also does not have a recognized court to adjudicate personal 
status matters, like those for recognized Christian 
denominations.  Such cases must be heard in Shari'a courts. 
Since the Baha'i Assembly is not a recognized court, the 
Civil Status Department does not recognize marriages 
conducted by them but does issue passports on the basis of 
these marriages.  This fact has compounded problems in 
obtaining birth certificates for some Baha'i children.  For 
instance, the Baha'i are unable to obtain birth certificates 
when one Baha'i parent is registered inaccurately as a Muslim 
or when a parent or grandparent convert from Islam to Baha'i. 
 
The Test Case: A Child's Birth Certificate 
------------------------------------------ 
 
¶3. (SBU) In late 2008, Poloffs discussed with the Baha'i 
Assembly priority religious freedom concerns in their 
community and possible ways that Post could assist in solving 
those concerns.  Difficulties with obtaining birth 
certificates for some members of the community was listed as 
a top priority.  The Assembly was especially concerned about 
a six-year-old girl, Rifqa, who is unable to attend school 
due to a lack of proper documentation.  Post agreed to 
advocate on the child's behalf and use it as a test case for 
future engagement. 
 
¶4. (SBU) Rifqa's troubles are primarily derived from her now 
deceased maternal grandfather's conversion from Islam to 
Baha'i in the 1970s.  The grandfather, Subhi Mishbah 
Al-Tamimi, came from a large, influential tribal family that 
reportedly was strongly against the conversion.  Initially 
the Civil Status Department changed Al-Tamimi's family book 
from Islam to Baha'i shortly after the conversion but the 
decision was later reversed after Jordan's Grand Mufti issued 
a fatwa stating that Al-Tamimi's conversion was illegal. 
(Note: All immediate families in Jordan are issued a family 
book that lists details, including religion, for each family 
member.  The books are often needed, in conjunction with 
individual national identification cards, to conduct business 
with government entities. End Note) 
 
¶5. (SBU) As a result of the fatwa and the Al-Tamimi family 
book being changed back to Islam, Rifqa's mother, Parveen, is 
also considered a Muslim (despite being raised as a Baha'i). 
Rifqa's father, Inayat, became a Jordanian citizen in the 
1970s and is at least several generation Baha'i.  Parveen and 
Inayat were married by the Baha'i Assembly in 2002 but their 
marriage was never officially accepted by the Civil Status 
Department because it was deemed an "illegal inter-faith 
marriage."  A Muslim woman, which the Department still 
considers Parveen, is unable to marry a man of a different 
religion.  (Note: Even a Muslim man is unable to marry a 
Baha'i woman, unless she converts to Islam, as Baha'i is not 
one of the religions recognized by the government - Islam, 
Christianity, Judaism. End Note) 
 
 
AMMAN 00002018  002 OF 003 
 
 
¶6. (SBU) After Rifqa's birth, the Baha'i were given two 
options in order to obtain a birth certificate.  The first 
option was for Parveen and Inayat to undertake a Islamic 
wedding, obtain a Muslim-designated marriage certificate, and 
then request a Muslim-designated birth certificate for Rifqa. 
 The second option was dropping Inayat from the birth 
certificate, which would make Rifqa an illegitimate child and 
her birth certificate would still read Muslim.  The Baha'i 
refused both options. 
 
Engaging the Department of Civil Status 
--------------------------------------- 
 
¶7.  (SBU) On July 6, Poloffs met with the Director of the 
Civil Status Department and its Chief Legal Adviser to 
discuss a number of issues and to specifically raise Rifqa's 
case.  The Director outlined how Shari'a law must be followed 
when issuing marriage and birth certificates.  For instance, 
he stated a marriage between a Christian man and a Muslim 
woman could not be certified but the reverse situation could 
be. The Director stated, however, that he personally has made 
exceptions to Shari'a rules for "humanitarian reasons."  The 
Director promised to personally look into Rifqa's case and 
try to find a possible solution. (Note: The Legal Adviser 
took a hard-line stance throughout the meeting, despite the 
conciliatory sentiments of the Director, and, at one point, 
kept strongly stating that "conversion is forbidden."  End 
Note). 
 
Unacceptable Solutions 
---------------------- 
 
¶8.  (SBU) On August 6, the Baha'i Assembly informed Poloffs 
that numerous follow-up meetings with the Department were not 
fruitful and that an impasse had been reached.  They were 
again offered solutions that still centered on Inayat and 
Parveen marrying as Muslims and obtaining a Muslim-designated 
birth certificate for Rifqa.  This time though, they were 
advised that Inayat could initiate a case in Shari'a court to 
renounce Islam and announce his conversion to Baha'i (even 
though he is already Baha'i).  If the Shari'a court approved 
the conversion, then the Department would change all 
documents to dashes.  (Note: Religion is listed on national 
identification cards.  The three recognized religions - 
Judaism, Islam, and Christianity - are the only options. The 
Baha'i are allowed to use dashes in place of one of the 
recognized religions. End Note). 
 
 
Temporary Assistance 
-------------------- 
 
¶9. (SBU) Poloffs met the Director and Legal Adviser on August 
16 to explain that the proposed solution was unacceptable as 
Shari'a courts have decided to strip a convert of his/her 
personal rights in every known conversion ruling.  For 
instance, converts have been forcibly divorced, parental 
rights taken away, and inheritance stripped.  The Director 
seemed to understand but stated the Grand Mufti's fatwa had 
tied his hands and made it impossible for any exception on 
humanitarian grounds.  As such, the only real option to 
obtain Baha'i documentation was through the Shari'a court. 
(Note: Any member of society can file an "apostacy" or 
conversion case in Shari'a court against any citizen.  End 
Note) 
 
¶10. (SBU) The Director agreed to write a letter to the 
Ministry of Education stating that Rifqa should be granted 
access to school while her situation is unresolved.  The 
Baha'i Assembly informed Post on August 26 that Rifqa had 
been enrolled in school based on the letter.  It is unclear, 
however, whether the letter will enable access in future 
school years. 
 
Comment 
------- 
 
¶11. (SBU) Comment: The Baha'i Assembly tries to maintain a 
positive and proactive relationship with government 
authorities, which has born fruit in past years.  For 
instance, the Ministry of Interior agreed in the late 1990s 
to issue travel documents and birth certificates based on 
marriages conducted by the Baha'i Assembly.  For this system 
to work properly, everything must be "aligned" properly and 
many problems remain. Post has found a varying degree of 
open-mindedness to Baha'i issues in the government but even 
those wanting to assist are often bound to the confines of 
Shari'a law.  Post will continue to find a permanent solution 
for Rifqa and will use lessons learned from this case to push 
for full religious freedom for the Baha'i. Post is also 
pressing for religion to be dropped from the national ID card 
 
AMMAN 00002018  003 OF 003 
 
 
and has been assured of progress in this regard.  This change 
should end some forms of societal discrimination. End 
Comment. 
Beecroft