UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT
with Dohuk authorities, for example, not accepting them whilst those in Sulimaniya regarding
them as legitimate documents.147
A related issue is a lack of awareness of the civil registration system and refugees continuing
practices that were the norm, inside Syria, before the conflict and prior to displacement, but
which cause problems in the host countries. Certain practices were normal in Syria and are not
necessarily well–understood nor compatible with the law and practice of the host countries. The
Ketb Al Ktab, for instance, i.e. the unregistered marriage with the local Sheikh, is perceived and
treated differently in Syria and the host States. People across the Middle-East region engage in
the practice and even in Syria a marriage still has to be registered officially. However in Syria,
official marriage registration is often delayed and so the Ketb Al Ktab plays a larger part in
people’s lives. This type of marriage has no legal standing in any of the neighbouring countries:
additional registration steps are required for the marriage to be formalised and documentation
to be acquired. However, refugees continue the tradition of the Ketb Al Ktab, as this was
common practice in Syria. Often the Syrian Sheikhs who now also live amidst the refugee
population continue to perform these ceremonies as it is challenging for refugees to adapt to
new procedures and legal frameworks.148 This type of marriage reportedly becomes particularly
complex when Syrian women marry foreign men – specifically men from the Gulf region. In most
cases, they only conduct the Ketb Al Ktab and if the husband subsequently abandons his family,
this leaves the wife with no proof of marriage and the children (if any) with no proof as to who
the father was (perhaps with the exception of a birth notification).149
3.3 BARRIERS TO CIVIL REGISTRATION IN THE HOST COUNTRY:
PRACTICAL AND LOGISTICAL ISSUES
3.3.1 PROHIBITIVE COSTS/ACCESS
In most countries the costs of accessing civil registration are minimal, comprising only logistical
expenses, such as transportation to the registration office. Nevertheless, for some families,
this may already pose a significant financial burden, especially in countries where refugees do
not have the right to work and do not have an income.150 In some cases, however, the issuance
of documents is subject to a fee. In Egypt, the actual acquisition of a birth certificate costs 20
Egyptian pounds.151 In Jordan issuing a normal marriage certificate costs between 40 – 100
Jordanian dinars152 in total.
When a refugee does not have all of the required documents or has not followed the legal
procedures, the costs can become prohibitive. For instance, in KRI, if parents do not register
the birth of their child within the first 45 days following the birth, they have to go through a court
case to confirm the recognition of lineage, which costs approximately 35,000 Iraqi dinars.153
In Lebanon, once the child reaches 12 months of age a court case must be pursued in order
to prove the family relationship. The cost of this procedure (Sharia and civil courts combined)
is usually between 500,000 and 1,000,000 Lebanese pounds154, depending on whether the
court requires a DNA test and takes between 9 and 12 months in duration. If a refugee couple
married in Syria do not have a marriage certificate in Jordan, they must apply for a ‘recognition of
147 Interview with CDO, Sulimaniya KRI, July 2016.
148 Interview with Mokhtar, Qubaiyat Lebanon, May 2016. These Syrian Sheikhs demand nothing or very
little in terms of fees which is another reason why this practice continues. However, some understand
that marriage registration has become impossible for some couples due to their lack of documentation
and so will carry them out but ask for a particularly high fee.
149 Interview with JCLA, Irbid Jordan, July 2016.
150 Interview with Frontiers Ruwad, Beirut Lebanon, May 2016.
151 Approximately US$3.
152 Approximately US$56-140
153 Approximately US$30.
154 Approximately US$300 to US$700.
32
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