exclusively. It should not be construed or interpreted further,
drawing upon its provisions that are not explicitly or distinctly
clear. The last paragraph of Article 4 of Law No. 15 of 1925 deals
with only one case, namely, the case of a foreign mother who
had taken Lebanese citizenship, i.e., who was naturalized and
acquired Lebanese nationality through the naturalization process,
after she had been a foreign national and after the death of her
foreign husband. This article allows her minor children to acquire
Lebanese nationality.31
Second point: If a Lebanese woman married a foreigner, retains her Lebanese
nationality and did not lose it by marriage, will her minor children have the right
to acquire Lebanese nationality in the event of the death of her husband?
In this case, there also two different views:
The first perspective is represented in the jurisprudence issued by
Lebanese courts, which stipulates that children of a Lebanese
woman married to a foreigner who retained her Lebanese
nationality and did not lose it by marriage, her minor children may
acquire Lebanese nationality after the death of her husband.32
The second perspective is based on some jurisprudence that
contravenes this principle and considers that children, in this
case, cannot be granted Lebanese nationality, as nationality is
regarded as a political and spiritual bond between the individual
and the State. This jurisprudence also finds that the Lebanese
legislator neglected to regulate the status of minor children of the
mother who recovers her Lebanese nationality. Therefore, there
is no provision enabling them to be considered Lebanese, given
that nationality is based on jus sanguinis rather than on the womb
bond grounds.33
established under Law No. 15 of 1925 — upon the enactment of
legislation that excluded women from their natural right to pass on
their nationality to their children on an equal footing as men. This
confirms that the male perspective prevailed when this law was
drafted, despite the fact that the principle of equality in rights and
duties among citizens is enshrined in the Lebanese Constitution.
How does the Lebanese State fear permanent settlement (Tawteen)
when a Lebanese woman marries a Palestinian and is not afraid of
permanent settlement when a Lebanese man marries a Palestinian
woman? The Palestinian woman, married to a Lebanese, acquires
Lebanese nationality administratively. The question is whether
permanent settlement passes only through Lebanese women and
not Lebanese men.35
Second: Naturalization
Naturalization clauses in Article 3 of Law No. 15 of 1925
Article 3 of Law No. 15 of 1925 stipulates that a person may
acquire Lebanese nationality by virtue of an order issued by
the President of the Republic after investigation and at the
request of:
•
A foreigner who can prove that he or she has lived in Lebanon
for five years without interruption.
•
A foreign man who marries a Lebanese woman and can prove
he has lived in Lebanon for one year since his marriage without
interruption. The legislator makes the alien husband obtain
nationality by a personal decision issued by the President
of the Republic without interference from the judiciary and
beyond the Directorate of Personal Status’s competence if the
applicant for naturalization fulfils the general requirements for
naturalization.36
•
A foreigner who offers estimable services to Lebanon; in
this case, the application should be accepted by a reasoned
decision. Estimable services may be actual missions in the
private armies if performed for two years or more.
Third point: Naturalized Lebanese woman married to a Palestinian
The Lebanese Court of Cassation, in its subsequent decisions, as
well as some basic courts, first instance and appeal, concluded
that Article 4 of Law No. 15 does not apply to the children of a
naturalized woman, married to a Palestinian who died on a date
when his children were still minors. That is because the Lebanese
State, in paragraph (i) of the preamble of its Constitution,
and by its signature of the Charter of the Arab League and its
participation in issuing decisions regarding Palestinian refugees
and its affirmation “on creating employment opportunities for
those residing on its territory while retaining their Palestinian
nationality as a general principle” has decided to retain the
Palestinian nationality to those who hold it. In addition to
the fact that the Lebanese Constitution, the Charter of the
Arab League and what emanated from decisions would be
equivalent to any law issued by the Lebanese Authority; rather,
they supersede Article 4 of Law No. 15 of 1925 and amend it
concerning Palestinians so that this Article does not apply to
the children of a Lebanese woman married to a Palestinian who
died on a date when his children were still minors. However, if
a Lebanese man marries a Palestinian woman, he grants her
Lebanese citizenship by marriage, and Lebanese nationality is
transferred to his children by paternity.34
It must be pointed out here that the Palestinian problem did
not exist in 1925 — the date when the Lebanese nationality was
10
As reflected above, naturalization is granted when an alien
expresses his or her will to obtain Lebanese nationality at a request
to the competent authorities based on the conditions set by the
law. The authorities accept or reject with full freedom, even if
other legal requirements are met because naturalization is an act
of sovereignty left to the absolute discretion of the State and not a
right for everyone applying for it.37
In the case where a naturalized father submits a Naturalization
Decree in the Personal Status Record after the birth of one of his
children, this execution is not retroactive, so the issue lies in the
naturalized person’s acceptance of naturalization, and if this
acceptance occurs at a later date after the birth, he cannot register
the child on his record. However, he must file a nationality lawsuit,
not a birth registration suit.38
It should be noted that the Naturalization Decree takes effect
only after paying the legally required fees, and therefore the
naturalized person acquires the Lebanese nationality as of the
payment of these fees and not from the date of the issuance of