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.