Global Repository of Muslim Family Laws

Main Laws That Govern Muslim Marriages

Lebanon lacks a civil code regulating personal status matters such as marriage and so relies on 15 separate personal religious-based status laws.

The main law that governs Muslim marriages is the Law of the Judicial Organization of the Sunni and Shia Judiciary Family Law issued on 16 July 1962.^{Law of the Judicial Organization of the Sunni and Shia Judiciary Family Law – https://learningpartnership.org/sites/default/files/resources/pdfs/Lebanon-Family-Law-Marriage-ShiaSunni-1962-Arabic.pdf}

Articles 348 to 356 of this law govern marriage for Sunni and Shia Muslims in Lebanon.

In addition, ruling No. 46 entitled “Family Judgements”, issued in December 2011 by the Sunni Supreme Islamic Council and published in the Official Gazette in December, the 1917 Ottoman Law of Family Rights and the Personal Status Compendium by Qadri Pasha govern Muslim Sunni marriages.

On another note, Guide to Jafari Justice, drafted in 1994 by the President of the Supreme Jafari Court following complaints from lawyers about the lack of codification may be considered a reference that governs Shia Muslim marriage.

Equal Status in Marriage

Family law treats women and men unequally when it comes to their duties and responsibilities in marriage.

Personal Status Laws for Muslims include requirements for wives to obey their husbands. The husband has the right to his wife’s obedience and residence with him in one dwelling and to accompany him wherever he wants (unless the wife is required otherwise in the marriage contract).

If the wife violates the right to submit to obedience, he is able to put forth a claim for disobedience (nushuz), in which the wife is no longer entitled to maintenance. The rights of the wife are entitlement to dowry and the necessary maintenance of housing, clothing, food, and good treatment (cohabitation). Common rights are the right to enjoy each other, the right to have children, and the right to inherit.^{Lebanon- gender justice- Assessment of laws affecting gender equality and protection against gender-based violence – https://arabstates.unfpa.org/en/publications/gender-justice-law-lebanon}

Family laws in Lebanon allow polygamy for Muslim men only (Sunni and Shia), the first wife can’t remarry nor consider it as evidence to claim for divorce. Additionally, her rights and the rights of their children, such as inheritance, are diminished by the rights of the second wife.^{Women Unequal Under Lebanon’ Law – https://www.hrw.org/news/2015/01/19/interview-women-unequal-under-lebanons-%20%20law#:~:text=In%20Lebanon%2C%20polygamy%20is%20legal,rights%20of%20the%20second%20wife}

Minimum Age of Marriage

There is a divergence in the law for Sunnis and Shias concerning the minimum age for marriage^{Underage Marriage Finally Banned By The ‘Supreme Islamic Sharia Council’ – https://www.the961.com/underage-marriage-banned-lebanon/} .

For Sunnis: The Sunni Supreme Islamic Council, approved on 12/12/2020 a resolution no. 62 which amended ruling no. 46/2011 and added a chapter on the marriage of underage girls.

The resolution raises the minimum age for marriage to 18 for males and females.

In an exception to Resolution 62, those wanting to marry before 18 must be at least 15 years old and the union requires the approval of both the minor and the legal guardian. Additionally, before the marriage can take place, a medical examination must be carried out to assess the mental, physical, and psychological condition of the minor who seeks to be married.

For Shias: with judicial permission and proving attainment of the legal age of puberty, 15 for males, and 9 for females.

Divorce Provisions for Women and Men

The criteria for women to access divorce are more stringent than those for men which leads to inequality between women and men.

Men subject to Sunni and Shia, personal status laws have an absolute right to unilaterally terminate a marriage at will. While legally spouses may agree to share the right to dissolve the marriage by giving the wife `Isma‘ or irrevocable power to initiate divorce herself, in the marriage contract the practice is largely rejected in a society in which divorce is widely considered to be a male right.

For Sunni: Without `Isma’, Sunni women can only initiate a divorce by filing for severance. Sunni courts often find women partly culpable in severance cases—even in cases with spousal violence or harm—reducing their dower. Some women pre-emptively relinquish their pecuniary rights to get their husbands to agree to initiate divorce. 

For Shia: Shia women have no access to severance, they can only seek “sovereign” divorce via a Ja’fari religious authority who can divorce a Shia woman on behalf of her husband. This divorce needs to be recognized by the Ja’fari courts to take legal effect. It is a lengthy process that does not guarantee success.^{Human Rights Watch Submission to the CEDAW Committee of Lebanon’s Periodic Report 62nd Session February 2015 – https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/LBN/INT_CEDAW_NGO_LBN_19385_E.pdf}

Positive Feature(s) Under Muslim Family Law

Sharia courts in Lebanon, prioritize the alimony cases when it comes to timely delivery.

In Lebanon, when the wife files a claim for alimony, the judge immediately issues a decision on an alimony advance, which is expedited.  ^{ruling No. 46 entitled “Family Judgements”, http://77.42.251.205/LawArticles.aspx?LawTreeSectionID=281638&LawID=230626&language=ar}

In such cases, the decision can be implemented immediately in the enforcement division and once the husband is notified, a decision can be issued to imprison him if he does not pay within five days.

Administration Of And Access To Justice On Marriage And Family Matters

In Lebanon, the Kadhi court system is implemented^{Law of the Judicial Organization of the Sunni and Shia Judiciary Family Law https://learningpartnership.org/sites/default/files/resources/pdfs/Lebanon-Family-Law-Marriage-ShiaSunni-1962-Arabic.pdf} .

There are two levels of sharia courts. sharia courts of the first instance and a supreme sharia court in Beirut sitting with 3 kadhis and a civil judge acting as Attorney- General. Courts of the first instance are composed of one judge or several single judges.

After a marriage or a divorce takes place in the competent court, The mayor of the region organizes a marriage/divorce certificate.

The marriage/divorce certificate must be registered in the Personal Status Administration for official registration, although some marriages or divorces remain unregistered.

Failure to register in the Personal Status Administration for official registration does not invalidate Muslim marriages or divorces, as long as the marriage or divorce took place in the competent sharia court.

Constitutional Provisions

Paragraph C of the preamble to the Lebanese Constitution provides that the Lebanese Republic is founded on respect for fundamental rights and public freedoms, social justice, and the equality of all citizens, without discrimination or preference, with regard to rights and obligations.

Article 7 of the Constitution provides that all Lebanese citizens are equal before the law, that they enjoy civil and political rights on an equal basis, and that they are equally bound, without distinction, by public obligations and duties.

Meanwhile, Article 12 provides that all Lebanese citizens have the right to hold public-sector jobs, with no distinction save on grounds of merit and aptitude, following the conditions laid down by law.^{Replies of Lebanon to the list of issues and questions in relation to its sixth periodic report -https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/countries.aspx?CountryCode=LBN&Lang=EN}

Nonetheless, Article 9 guarantees that the personal status and religious interests – for whatever religious sect – shall be respected. As such, all matters related to religious interests and personal status regarding marriage, divorce, child custody, and inheritance– are at the discretion of applicable personal status laws and courts.^{Country Lebanon SIGI 2019 – https://www.genderindex.org/wp-content/uploads/files/datasheets/2019/LB.pdf}

All marriage is governed by religious law in Lebanon and there is no domestic code for those who seek a civil marriage.^{Lebanese demand civil marriage on home soil – https://www.france24.com/en/20190223-lebanese-demand-civil-marriage-home-soil} All personal status codes include discriminatory provisions for women in terms of legal age to marry and with regards to annulment. Though there is citizen demand for civil marriage in Lebanon and a draft civil marriage law, religious leaders have refused to support it and Parliament has yet to debate the bill.

Other National Laws

Domestic violence (DV) is not a recent issue facing the Lebanese society, however, it began to receive more public attention in the last 20 years, given the presence of multiple factors such as the rise in the number of crimes in parallel to the increased coverage of research, media, and social media, which resulted in the creation of public anger towards the official silence and lack of governmental reaction (Khadra et al., 2014). The UNFPA (2010) reported that 55% of women in Lebanon were exposed to either verbal or physical violence. Another report mentioned that between 2010 and 2013, 26 Lebanese women were killed in domestic settings.^{DISSECTING LEBANESE LAW 293 ON DOMESTIC VIOLENCE: ARE WOMEN PROTECTED? – https://www.aub.edu.lb/ifi/Documents/publications/policy_briefs/2016-2017/20170716_domestic_violence.pdf}

Despite these numbers, the Lebanese legal framework lacked a text that criminalizes domestic violence and crimes. Regardless of the presence of the criminal law’s “article 550” that arrests a murderer or a suspect in light of the occurrence of a crime, the process of criminalizing a domestic crime or abuse through the use of this article was deemed to be difficult.

The draft law that aims at protecting women and the rest of their family members from DV and physical abuse, faced political and religious hindrances but found its way to the legislative committee of the Parliament and later to the final legislative session through systematic activism and advocacy by civil society.^Ibid

On 1 May 2014, The Lebanese Parliament passed Law No. 293 Protecting Women and other Family Members from Domestic Violence, Law 293’s implications have been authorized to protect all women present on the Lebanese lands including the Muslim population.

Law No. 293/2014 is a relatively recent addition to the domestic framework, it codifies crimes of SGBV committed within a family setting, extending measures of protection to victims/survivors and related policing and prosecution reforms.

The law, however, was inconsistent with Lebanon’s legal obligations under international law. The law applied an overly restrictive definition of domestic violence that fails to include many forms, acts, and manifestations of SGBV taking place within family settings.^{Accountability for sexual and gender-based violence in Lebanon. https://www.icj.org/wp-content/uploads/2020/10/Lebanon-GBV-Guidance-Publications-Reports-Thematic-report-2020-ENG.pdf}

Thus, on 30 December 2020, The Parliament in the Republic of Lebanon approved several amendments to Law 293/2014 for the protection of women and other family members from domestic in order to ensure more protection for victims of domestic violence and their children.^{Amendments to Law 293/2014 – http://77.42.251.205/Law.aspx?lawId=286768}

In 2017, Lebanon repealed Article 522 of the Penal Code,^{Abolishing Lebanon’s “rape law”: spotlight on ABAAD’s campaign – https://www.girlsnotbrides.org/articles/abolishing-lebanons-rape-law-spotlight-on-abaads-campaign/} which allowed rapists to escape punishment by marrying their victims.

Lebanon’s Criminal Code prescribes several criminal penalties for various SGBV but does not sufficiently address, and adequately legislate against all forms of SGBV.

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

On 16 April 1997, The Lebanese state signed and ratified the 1981 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which lays out women’s social, economic, political, and civil rights, and stipulates non-discrimination and equality. Although the signing and ratification of CEDAW helped the Lebanese state to achieve big strides for women, it had some reservations. These reservations included Article 9 (2), which seeks to give men and women equal rights with regards to the power to pass on their nationality to their children. Other reservations were against Article 16 (1) (c) (d) (f) and (g), which addresses the eradication of discrimination against women in family and marriage matters, such as the rights and responsibilities in marriage, guardianship, and personal rights, including choosing a “family name and a profession.” Additionally, the Lebanese state decreed that it does not commit to Article 29’s paragraph 1 which gives the options of referral to a) arbitration or b) the International Court of Justice, in the event of a disagreement on the interpretation of CEDAW clauses. These reservations evoked responses from countries like Denmark, as well as the Committee for the Follow-Up on Women’s Issues, to question the Lebanese state’s commitment to CEDAW. It is worth noting that these reservations were maintained, and the National Commission for Lebanese Women made little effort to amend them.^{Signing and ratifying CEDAW – https://civilsociety-centre.org/content/signing-and-ratifying-cedaw}

The last CEDAW review was on 1 March 2022.^{CEDAW/C/LBN/CO/6- https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/countries.aspx?CountryCode=LBN&Lang=EN}

Links to CEDAW reports that refer to Muslim family laws and practices

1. CEDAW/C/LBN/6- para 204-205-206-207-208 Sixth Periodic Lebanon State Party Report (2019)
2. CEDAW/C/LBN/4-5 – para 211 ^{https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/countries.aspx?CountryCode=LBN&Lang=EN}
3. CEDAW/C/LBN/3 – From para 325 to para 363^{https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/countries.aspx?CountryCode=LBN&Lang=EN}
4. CEDAW/C/LBN/2- page 25-26-27^{https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/countries.aspx?CountryCode=LBN&Lang=EN}
5. Equality Now, The Lebanese Council to Resist Violence Against Women (LECORVAW), Women Alive and the Global Campaign for Equal Nationality Rights submitted a report for consideration during Lebanon’s sixth periodic review by the Committee on the Elimination of Discrimination against Women (‘the Committee’) during its 81st Session (07 Feb 2022 – 04 Mar 2022^{https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2FCEDAW%2FCSS%2FLBN%2F47479&Lang=en}

Links to Concluding Observations That Refer to Reform of Muslim Family Laws and Practices

1. CEDAW/C/LBN/CO/6- para 53-54^{https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/countries.aspx?CountryCode=LBN&Lang=EN}
2. CEDAW/C/LBN/CO/4-5- para 45^{https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/countries.aspx?CountryCode=LBN&Lang=EN}
3. CEDAW/C/LBN/CO/3 – para 45^{https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/countries.aspx?CountryCode=LBN&Lang=EN}
4. A/60/38(SUPP) paras. 77-126^{https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/countries.aspx?CountryCode=LBN&Lang=EN}

Link to Musawah’s CEDAW reports on Lebanon

Musawah Thematic Report on Lebanon (2015)

Any other relevant regional or international treaty or convention signed by Lebanon

Other treaties

Ratification status of international treaties

1. Lebanon has ratified several international conventions that seek to protect and promote human rights in general and women’s rights, including the International Covenant on Civil and Political Rights, and the Convention on the Rights of the Child. Lebanon is also committed to implementing the Beijing Platform for Action. 
2. Convention on the Rights of the Child^{https://www.unicef.org/lebanon/convention-rights-child}
3. Official report on follow-up of the implementation of the Beijing Platform for Action (1995) and the outcome of the twenty-third special session of the General Assembly (2000)^{https://www.un.org/womenwatch/daw/Review/responses/LEBANON-English.pdf}
4. 25 Years after Beijing: Women Fighting Inequality in Lebanon^{https://ngocsw.org/wp-content/uploads/2020/10/Lebanon-Parallel-Report-Final-5-10-2020.pdf}

Sustainable Development Goals

Work on the Sustainable Development Goals in Lebanon^{https://lebanon.un.org/en/sdgs}

Lebanon endorsed the 2030 Agenda for Sustainable Development and also the SDGs in September 2015.

After a new President was elected in October 2016 and a national conciliation government was formed in December 2016, the government’s engagement towards Agenda 2030 accelerated.^{Lebanon Voluntary National Review of Sustainable Development Goals, 2018- https://sustainabledevelopment.un.org/content/documents/19624LebanonVNR2018.pdf- page 29 to 31}

In June 2017, the Council of Ministers established a national committee to oversee and guide the roll-out of the SDGs in Lebanon. The committee is chaired by the Prime Minister and includes more than 50 state officials at DG level to ensure work continues regardless of political developments.^{Decent work and the 2030 agenda for sustainable development- http://sdglebanon.pcm.gov.lb/Files/reports/ILO.pdf}

The committee has launched a website dedicated to the present the progress of this national committee towards achieving the 2030 Agenda.^{Lebanon’s official SDGs webpage- http://sdglebanon.pcm.gov.lb/}

Lebanon’s overall performance in the 2022 Arab Region SDG Index ranked 7th out of 21 countries in the Arab region. Lebanon scored 63.6. In addition, referring to the SDG dashboard – Current assessment, major challenges remain concerning SDG5.^{2022 Arab Region SDG Index and Dashboard Report – page 62-63 – https://www.arabsdgindex.com/static/downloads/files/MBRSG-UNSDSN- AGDA_2022_SDG_Index_and_Dashboard_En_w.pdf}

By government agencies/committees

The national machinery and the relevant ministries continue to call for the age of 18 to be adopted as the minimum legal age for marriage.

In that connection, the National Commission for Lebanese Women launched a campaign to prevent the marriage of minors and has participated in several seminars in Parliament regarding the matter.

In addition, the Supreme Council conducted a national awareness-raising campaign in 2018 that addressed family education, parenting roles, intergenerational solidarity, positive education and the family budget.^{CEDAW/C/LBN/6 – page 32 – https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/countries.aspx?CountryCode=LBN&Lang=EN}

By international bodies

1. In June 2020, The Ministry of Social Affairs (MoSA) launched, with the support of the European Union, through the EU Madad Fund, and in partnership with UNICEF, its Strategic Plan for the Protection of Women and Children for the period of 2020-2027^{https://www.unicef.org/lebanon/press-releases/ministry-social-affairs-launched-partnership-unicef-its-2020-2027-strategic-plan}
2. The WORLD Policy Analysis Center submitted a report for consideration for the Committee on the Elimination of Discrimination against Women 79th Pre-Session Working Group, November 2020.^{WORLD Policy Analysis Center -https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/countries.aspx?CountryCode=LBN&Lang=EN}
3. The World Bank and UN Women published a Gender Assessment to provide an up-to-date, holistic reference on the state of women in Lebanon against the broader perspective of general development outcomes while taking into consideration the multiple crises Lebanon is facing.^{THE STATUS OF WOMEN IN LEBANON -https://openknowledge.worldbank.org/bitstream/handle/10986/36512/The-Status-of-Women-in-Lebanon-Assessing-Womens-Access-to-Economic-Opportunities-Human-Capital-Accumulation-and-Agency.pdf?sequence=1}

In Lebanon, the emergence of women’s movements and organizations were on the rise after the war in Lebanon (1975-1990) and were initiated during major historical changes in the Arab World. Voting, citizenship, and working rights have witnessed developments over the past few decades, contributing to the advancement of women’s rights throughout the country.^{Women’s Achievements In Lebanon – https://civilsociety-centre.org/gen/women-movements-timeline/4939#event-political-rights-the-right-to-vote-and-to-be-elected}

In recent years, civil society organizations have been increasing awareness about child marriage through their holding of different workshops and campaigns, such as the one launched by The Lebanese Democratic Women’s Gathering (RDFL) in 2017 titled #NotBefore18. These organizations have also been using media as a tool to spread messages. The latest video made by KAFA titled “A LAW AS OLD AS MY GRANDFATHER CANNOT BE TAKEN SERIOUSLY” succeeded in steering up public opinion about personal status law.^{https://kafa.org.lb/en/node/40}

Also ABAAD continues her campaign to end violence against women and girls and launched in that occasion a national campaign under the banner ‘DEYMAN WAATA’.^{https://www.abaadmena.org/programmes/advocacy-and-policy-development/project-619f4f26c0ec60-17330818} 

The Beirut Bar Association unveiled a draft law that if adopted would make civil marriage possible in Lebanon.^{Lawyers to present new draft law on civil marriage -https://www.rightsobserver.org/blog/lawyers-to-present-new-draft-law-on-civil-marriage}