42 PERSONAL STATUS LAW AND STATELESSNESS The sectarian nature of Lebanon's personal status system poses a significant risk of statelessness, particularly in diverse urban areas like Greater Beirut, where interreligious marriages, relationships, and liberal practices are more prevalent. This phenomenon affects all sects to some extent. Sects and statelessness The sectarian basis of marital regulations is discordant with some liberal practices of cosmopolitan places like Beirut and Mount Lebanon. In this respect, the research encountered cases where Druze men choosing spouses outside of their community faced challenges in registering their marriage, and hence their children too, since the Druze faith forbids exogamy. This was corroborated by interviewed lawyers. While the majority of these cases were usually resolved, a few persist and contribute to non-registration. Similarly, many Christians, especially among Catholic sects, reported experiencing long divorce processes, making registration of children from second relations or nonregistered marriages more difficult. Flawed solutions Field observations have revealed that in such cases, individuals often resort to converting to another religion as a misguided solution to their problems. For example, Druze individuals may embrace Islam to legitimize their marriage, while Christians may embark into new relationships before finalizing their divorce. However, these practices have proven ineffective in preventing statelessness. Box 11. Personal status law in Lebanon1 Article 9 of the Constitution granted sects autonomy in the regulation of personal status such as marriage, divorce, inheritance, and parental custody. With the inexistence of a unified civil law for marriages, couples seeking divorce are bound by different rights and obligations that follow their respective sects, and depend on the decisions made by their respective religious tribunals. This unique system is referred to as personal federalism, where an individual's rights and statuses are determined by their religious affiliation rather than their territorial location. Box 12. The practice of mutaa’ Box 10. Illegitimacy as a solution Although one of the suggested solutions to register children born out of wedlock is to register them as “laqit”, literally “foundling”, this concept is not embraced by parents because of the stigma that they believe it creates for their child, even for the cases of religiously married parents who failed at registering their marriage. DIVORCE 8 cases of Christian parents with non-registered children MIXED MARRIAGES 6 cases out of 15 of Druze parents with non-registered children The mutaa’ as a temporary marriage practiced by some among Shia was identified as a potential risk for children’s non-registration. One case was identified through surveys and later corroborated through triangulations between KIIs, field observations and surveyors. 1. Khoury, C. (2020). Beyond Religious Marriages: Civil Marriage, Civil Family Laws, and the Enhancement of Women’s Rights in Lebanon. Kohl: a Journal for Body and Gender Research, 77-89.; and Messarra, A. (2003). La gouvernance d'un système consensuel: le Liban après les amendements constitutionnels de 1990. Beirut: Librairie Orientale. © 2023 Siren Associates. All Rights Reserved.

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