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Between the Secular and Religious Authorities in Lebanon: The Controversy over Civil Code of Marriage and Divorce

Al Najjar, Riad LU (2022) SOLM02 20221
Department of Sociology of Law
Abstract
Lebanon is witnessing a growing debate about the religious systems that govern the issues of marriage and divorce in this country. In light of religious and confessional diversity, religious institutions monopolized setting the provisions for marriage and divorce and defining the rights and duties of spouses, as these institutions are constitutionally empowered to regulate the personal status of their subjects. Consequently, Lebanese citizens are subject to 15 religious personal status laws, in the absence of a civil law that regulates the personal status of all Lebanese. The study reviews the provisions included in confessional personal status laws, intending to first point out the areas of legislative discrepancy between most of these... (More)
Lebanon is witnessing a growing debate about the religious systems that govern the issues of marriage and divorce in this country. In light of religious and confessional diversity, religious institutions monopolized setting the provisions for marriage and divorce and defining the rights and duties of spouses, as these institutions are constitutionally empowered to regulate the personal status of their subjects. Consequently, Lebanese citizens are subject to 15 religious personal status laws, in the absence of a civil law that regulates the personal status of all Lebanese. The study reviews the provisions included in confessional personal status laws, intending to first point out the areas of legislative discrepancy between most of these laws. This, in turn, is reflected in the inequality of Lebanese citizens before the law, in addition to the restrictions on those wishing to marry people outside of their religion or sect. Second, to refer to the provisions that create different centers in the family for both the husband and the wife and give each of them different rights and duties.
While the study reviews the great Lebanese disagreement on these issues, and the ongoing negotiations between supporters of religious and secular currents to determine the most appropriate law to regulate the rights and duties of Lebanese spouses, the study monitors the opportunities and challenges facing the campaign for a civil law for marriage that goes beyond religious institutions. (Less)
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author
Al Najjar, Riad LU
supervisor
organization
course
SOLM02 20221
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Civil marriage, religious marriage, gender inequality, discrimination against women, mixed marriage, marriage laws in Lebanon.
language
English
id
9104379
date added to LUP
2023-01-19 16:37:35
date last changed
2023-01-19 16:37:35
@misc{9104379,
  abstract     = {{Lebanon is witnessing a growing debate about the religious systems that govern the issues of marriage and divorce in this country. In light of religious and confessional diversity, religious institutions monopolized setting the provisions for marriage and divorce and defining the rights and duties of spouses, as these institutions are constitutionally empowered to regulate the personal status of their subjects. Consequently, Lebanese citizens are subject to 15 religious personal status laws, in the absence of a civil law that regulates the personal status of all Lebanese. The study reviews the provisions included in confessional personal status laws, intending to first point out the areas of legislative discrepancy between most of these laws. This, in turn, is reflected in the inequality of Lebanese citizens before the law, in addition to the restrictions on those wishing to marry people outside of their religion or sect. Second, to refer to the provisions that create different centers in the family for both the husband and the wife and give each of them different rights and duties.
While the study reviews the great Lebanese disagreement on these issues, and the ongoing negotiations between supporters of religious and secular currents to determine the most appropriate law to regulate the rights and duties of Lebanese spouses, the study monitors the opportunities and challenges facing the campaign for a civil law for marriage that goes beyond religious institutions.}},
  author       = {{Al Najjar, Riad}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Between the Secular and Religious Authorities in Lebanon: The Controversy over Civil Code of Marriage and Divorce}},
  year         = {{2022}},
}