A Legal Guide to Being a Lebanese Woman

Friday, December 3, 2010
Author: 
Maya Mikdashi
Asia
Western Asia
Lebanon

For the past four years I have been researching the histories and the applications of the Lebanese legal system. An understanding of this legal system, which is the architecture of the Lebanese state, has been vital to my dissertation. I have spent thousands of hours poring over legal texts and legal histories, putting together the puzzle of how, when, and why laws are promulgated, amended, and put into practice in Lebanon. I have met with countless lawyers, judges, plaintiffs, clerks, and defendants and have spent days on end in courtrooms, judges' chambers, law offices, and in the living rooms of ordinary citizens in order to better understand how the legal system actually functions. This time has been spent in different branches of the legal system such as religious personal status courts and institutions, civil personal status courts, civil courts of cassation, and criminal courts. I am often shocked by how much I have learned over these past four years. Many of my previously held assumptions on the legal system, the state, and my place in it as a Lebanese citizen, have been challenged.

One of the lessons I have learned is that the previous sentence should have been written as such; “I have learned much about my legal position as a Lebanese Female Sunnite citizen.” Such specificity is vital because Lebanese citizenship is constituted through these two registers of recognition; the sexed and the sectarian. In fact, sex is a more legally salient category than sect because sex-based differentiation saturates most branches of Lebanese law, whereas sect-based differentiation is more legally contained. There is no abstract mass of Lebanese citizens; there are Lebanese male citizens and Lebanese female citizens. The strongest evidence of this fact is a citizenship law that does not allow a majority of the total population to pass citizenship on to their spouses and children. Even more striking, while there has been a successful campaign to remove all sectarian categories from the census registry and the one identification document on which it is recorded, there is no equivalent movement to strike "sex" from either the registry or the three identification papers that it is recorded on. Furthermore, there is a widely circulating public discourse in Lebanon that stresses the necessity of "desectarianizing" the law in order to achieve equality between citizens. There is no similar discourse regarding the need to degender (or de-sex) the legal system. In fact feminist discourses in Lebanon advocate achieving equality between male and female citizens, a discourse that, if it were articulated in sectarian terms (achieving equality between Shiites and Maronites in the law, for example), would be (rightly) viewed as a reentrenchment of political sectarianism. It is necessary to study the legal system as a whole in order to understand the position of male and female citizens vis-a-vis the law and the state.[1] Civil and personal status law together constitute these gendered categories of citizenship, and therefore a focus on one or the other reveals only a partial picture of ways that "the citizen" is produced and practiced in Lebanon.

This week I am posting a chart that I have created highlighting sex- based differentiation in a number of branches of the Lebanese legal system. I had to be choosy; I could not include, on the pages of Jadaliyya, the differentiation across all branches of civil law or across the 16 different personal status laws operating in lebanon. Furthermore, the chart does not reflect the most important lesson I have learned throughout my research; that the law on paper does not always look like the law in practice. A number of the listed legal articles are rarely used by lawyers or judges in prosecuting, defending or adjudicating a case, but the important thing is that they can be because they are still on the books. Moreover, we should not assume that law is the only vector of power being performed in court rooms. Women often win cases against male plaintiffs who technically have more rights according to the law. They win by employing other technologies of power, such as their class position, their personal connections, or by gaining the sympathy of the judges, clerks, and legal secretaries who know the legal price of sex that women pay in Lebanon. Unfortunately, until the laws are ammended or better yet, until sex based differentiation is abolished in Lebanese law, women (those who can) will be forced to rely on these informal avenues of power in order to attain a modicum of legal equity.

Part two will analyze the different legal positions occupied by married and unmarried women in civil law.

[1] If intersted in this topic, Kafa (kafa.org.lb) has an excellent online resource guide for women in Lebanese law. Also, the book Legal Violence Against Women in Lebanon is an excellen (Arabic) resource on the subject

Law

 Bio-Male
 Bio-Female
Citizenship Men can pass on Lebanese citizenship to their spouses and children. Women cannot pass on Lebanese citizenship to their spouses or children. There are two exceptions to this rule: if the woman is a naturalized Lebanese citizen she can pass on Lebanese citizenship to her (next) husband and non-Lebanese children, and if the a Lebanese woman is unmarried and no one claims paternity over her illegitimate child within the first year.
Census Registery
 Men are the heads of families; their wives are added to their family census records. In the event of a divorce, daughters are “returned” to their father's registry. Women are either registered under their father's family census record or their husband's.
Misc Husbands (through the general security office oramn al `amm) can put their wives' names at relevant international travel points and thus bar them from travelling without their certified permission. Women can travel freely unless their husband lists their names (through the general security office) at all relevant points of international travel.
Criminal Law

Violence (Articles 183, 554)

The same laws govern violence against men or women; there are no special provisions for domestic violence. However, local women's rights NGO are currently lobbying to have specific legislation passed to “protect women from family violence.”
There are no provisions for domestic violence, but the full text of article 183 has been explained by religious and civil figures to condone wife battery.

Rape (Articles 503-506, 522)

Men are posited as the potential perpetrators of rape. Marital rape is excluded from punishment. If a man rapes someone other than his wife, he can be sentenced to five years of hard labor if the woman is older than 15, and up to seven years if she is below the age of 15. There are harsher punishments for the rape of minors and the mentally and physically challenged. These statutes also cover consensual sex with minors. Article 522 allows the perpetrator to marry the victim of any of the previously mentioned crime and escape punishment. If the couple divorces within three years the man can be charged with the initial crime. Male-Male rape among adults is recognized legally under these provisions, as is male-male statutory rape. In addition to being sentenced under these legal articles, both the perpetrator and the victim of a male-male rape can be tried for unnatural sexual intercourse under article 534.

Women are constituted as the potential victims in the legal statues governing rape, with the exception of the articles covering consentual sex with minors. Wives are excluded from legal protection from marital rape. If a rapist marries his victim he evades criminal charges. If either of them divorce the other within three years criminal charges can be resumed. Lesbian rape among two adults cannot be recognized in Lebanese law because the rapist is legally constituted as a man. However, women can be penalized for molesting female minors.

“Honor Crimes” (Articles 252, 562)
Article 252 provides lesser punishment for a crime if it was committed “in a state of anger” because of a dangerous act done by the victim. While this article is extremely broad, it has been used to provide lesser sentences to those who commit “honor crimes”. Article 562, often cited as the “honor crime” clause, states that “he who catches his wife, ascendants, descendants, or sister in an act of adultery or an illegitimate sexual act” will be given a lesser punishment for the injury or murder of one or both of the people involved. 562 is clearly written in the male gender, positioning men as potential perpetrators and beneficiaries of legal statutes concerning “honor crimes” Honor crime statutes could be interpreted to cover gay male sex although the wording of the law makes it clear that men are not considered to be social repositories of family honor. Under article 562, women are positioned as the potential victims; they cannot kill for "honor", but they can be killed for "honor". A woman who kills her husband after catching him with another woman (or man) is punished for murder under the full extent of the law, and is not given a lesser sentence due to the nature of the crime. The only exception to this rule is made for women who have abortions in order to protect their honor and social standing. However, under article 252 a woman could benefit from a lesser sentence for committing a crime in a state of extreme anger because of the actions of the victim. Based on available research, thus far there have been no cases of a woman benefitting from a lesser sentence under article 252. In article 562, “illegitimate sex” could be any sexual act that a woman could commit with someone other than her husband, a definition that could include lesbian sex.

Abortion (Articles 539-545)
Abortion is illegal in Lebanon. Articles 539 and 540 cover the advertisement and sale of medicines that cause abortion. Those who perform abortions (men or women) with the consent of the woman can be imprisoned for 1-3 years. If the abortion leads to the woman's death the sentence is 4-10 years. Performing an abortion against a woman's will could result in 5 years of hard labor, which will be extended to 10 years if the woman dies. Men who perform abortions out of concern for a female descendant or ascendant's honor receive a lesser sentence. In addition to being included in all the statutes mentioned in the previous column, women who consent to undergo abortions can be imprisoned for up to three years. Statue 545 lessens the potential prison sentence if the woman underwent an abortion in order to “protect her honor,” effectively making abortion in certain circumstances an “honor crime.”
Adultery (Articles 487, 488) If a man has had sex with someone other than his wife in the marital home, he may be imprisoned for one month to one year. If a married person engages in a same sex relationship both they and their partner can be tried for adultery and for unnatural sexual intercourse. Women who have committed adultery anywhere (unlike the clause for males, which specifies that extra marital sex must have occured in the marital home) can be imprisoned for three months to two years for having consensual sex with someone other than their husband. Her partner in crime receives the same punishment if he is married, and a lesser sentence of one month to a year if he is unmarried. If a married person engages in a same sex relationship both they and their partner can be tried for adultery. Regarding same sex liasons, the potential sentence for a married female adulteress who sleeps with another woman is higher than the potential sentence under article 534.

(Articles 514, 515, 516, 518, 519) If a man kidnaps a woman with the intention of marrying her, he can be imprisoned for up to three years. If a man kidnaps a woman or man with the intention of violating him or her is sentenced to hard labor, and if he does violate him or her the sentence is at least seven years The same sentence applies if the kidnapped victim is less than 15 years old, even if a violation has not occurred. Men who trick a girl with promises of marriage and break a virgin's hymen can be imprisoned up to six months and pay a fine of 200,000 Lebanese liras. Under Article 519, anyone who physically molests a male or female minor under 15 years old will be imprisoned for a sentence of at least six months. While the same statute applies to female victims aged 15-18, it does not apply to male victims aged 15-18.

Women can be punished for kidnapping through deception or violence with the intent to violate the victim. They can be sentenced under articles 515 and 516, and the penalties are the same as for a man. Under article 519, anyone who physically molests a male or female minor under 15 years old will be imprisoned for a sentence of at least six months. The same sentence apples to female between the ages of 15-18 who were touched inappropriately against their will.

“Unnatural sexual intercourse” (Article 534)
Article 534, which makes illegal “sexual acts contrary to nature,” is punishable for up to one year of imprisonment if there is anal penetration. Male homosexuals are Most vulnerable under 534, which is most often used to charge male-male sexual acts. Women who are penetrated anally by men can be punished for unnatural sexual intercourse according to 534. According to available research, female homosexuals have been prosecuted under article 534 at a much smaller rate than their male counterparts
Personal Status/Catholic Sects

Marriage Minimum marriage age: 16 (with guardian's permission). Without guardian: 17. Minimum marriage age: 14 (with guardian), 15 without.
Annulment (Article 818) Article 818 clarifies the stipulations for an anullment of a marriage contract. These are; inability to contract a marriage due to mental impairment, inability to perform one or more of the major marital duties towards a spouse, an inability to cope with the essential marital responsibilities due to a mental or physical impairment. Article 818 applies to women or men.
Divorce Divorce is not recognized in Catholic sects, although in some cases legal separation can be granted. Divorce is not recognized in Catholic sects, although in some cases legal separation can be granted.

Custody
(Article 865)		 Men are the legal guardians of their children. Article 865 states that the child's well being should not be effected by the parents' separation. Women are recognized as the caregivers of their children.

Inheritance Law for non-Muslims
Men and women inherit equally under a civil law that is applied to all Christians and Jews in Lebanon and is regulated by civil courts. According to this law a parent can legally disenherit a child. Men and women inherit equally under a civil law that is applied to all Christians and Jews in Lebanon and is regulated by civil courts. According to this law a parent can legally disenherit a child.
Personal Status/Roman (Greek) Orthodox

Marriage A man must be 17 years old in order to marry. If he is younger than 17 but has achieved mental and physical maturity, he needs the consent of a guardian in order to marry. At least one of the spouses has to be Orthodox and they both must be Christian.
A woman must be 15 years old in order to marry. If she is younger than 15 but has achieved mental and physical maturity, she needs the consent of a guardian in order to marry.

Annulment (Articles 67,68) Marriages can end in the death of a spouse, by annulment, or divorce. All of these only go into effect when a decision is issued by the Roman Orthodox personal status court. An annullment can be granted if one if the spouses commits bigamy, if the marriage was conducted between relatives to the third degree, if the Priest who married the couple is not from the samemaddhab as either of the spouses. A marriage can be invalidated if one of the spouses converts to another religion, if one of the spouses makes an attempt on the other's life, if one is certified insane by the medical authorities, if one is sentenced to prison for at least three years, if one of the spouses leaves the other for a period of at least three years and shows no intent to perform their marital duties, if one of the spouses decide to join the church and live in seclusion, if the man has been impotent for three continuos years since the marriage date or if three medical experts determine that his impotence is not treatable. Marriages can end in the death of a spouse, by annulment, or divorce. All of these only go into effect when a decision is issued by the Roman Orthodox personal status court. An annullment can be granted if one if the spouses commits bigamy, if the marriage was conducted between relatives to the third degree, if the Priest who married the couple is not from the samemaddhab as either of the spouses. A marriage can be invalidated if one of the spouses converts to another religion, if one of the spouses makes an attempt on the other's life, if one is certified insane by the medical authorities, if one is sentenced to prison for at least three years, if one of the spouses leaves the other for a period of at least three years and shows no intent to perform their marital duties, if one of the spouses decide to join the church and live in seclusion, if the man has been impotent for three continuos years since the marriage date or if three medical experts determine that his impotence is not treatable.

Divorce
(Article 68, 69, 71)		 Both men and women can file for divorce in the personal status court, but they are differentiated in terms of the conditions they must satisfy in order to qualify for a divorce. Adultery is grounds for divorce for men and women, but what constitutes as sufficient evidence of adultery is different for men and women. According to article 69, a man can demand a divorce on the grounds of adultery if; On the wedding day he discovered that she is not a virgin and he did not have prior knowledge of this fact; If she trying not to get pregnant (if he discovers that she is using contraceptives, for example)If he asks her not to patronize a place that has a bad reputation or not to spend time with people who are known to be immoral and she does so against his wishes; if she leaves the marital home without his permission; if the court orders her to follow her husband to the place of his residency and she refuses; if it is proven that she is sexually perverted. As soon as a divorce is granted a man can remarry. Article 71 outlines the conditions under which a woman can file for divorce in the Roman Orthodox personal status court. They are; If he facilitated her act of adultery and insisted on it without her consent; if he falsely accuses her of adultery; if it is proven that he is sexually perverted; if she repeatedly asks him not to patronize places with bad reputations or spend time with people who are known to be of bad reputations. After an Orthodox woman is divorced, she must remain unmarried for up to four months unless medical proof is submitted that she is not pregnant.
Custody Men are, by default, the legal guardians of their children. Fathers are obligated to raise and educate their children. This state of affairs can be challenged in particular circumstances, such as the end of a marriage or the presence of legal reasons why the children should not reside with the father and a consideration of the children's best interest. Men lose custody over their children under these circumstances upon a ruling by the Roman Orthodox personal status court. Women can gain custody of their children upon the order of the Roman Orthodox Personal Status court. Under such circumstances, women retain custody of their male children until they are 14 years of age, and custody of their female children until they are 15 years of age.
Inheritance Men and women inherit equally under a civil law that is applied to all Christians and Jews in Lebanon and is regulated by civil courts. According to this law a parent can legally disenherit a child. Men and women inherit equally under a civil law that is applied to all Christians and Jews in Lebanon and is regulated by civil courts. According to this law a parent can legally disenherit a child.
Personal Status/Hanafi (Sunnite)

Marriage Men must be 18 years old to marry. If they are younger than 18 but have reached maturity the Sunni Personal Status court can grant them permission to marry. No one can arrange a marriage for a male minor who is younger than 17. A male may marry a Jewish or Christian woman. The right to initiate divorce, by default, lies with the man. A man can marry up to four women at a time. There must be two witnesses in order for a marriage contract to be legal. Women must be 17 years old in order to marry. If she is younger than 17 and has reached maturity the court can make an exception and allow her to marry. No one can arrange a marriage for a female minor who is younger than 9 years old. A woman must have her guardian's permission to marry. However, if she is 17 or older the guardian must present probable cause for his objection to the court. His objection to the marriage may be overturned by the court. If the woman is a non-virgin (a divorcee) she does not need her guardian's permission. A woman may not marry a non-Muslim man. A woman may stipulate conditions, including the right to initiate divorce, the right to half of the spouse's property, and the right to initiate divorce if her spouse takes a second wife.
Annulment
Annulments are only granted if the marriage was not consummated after the signing of the marriage contract. In such a situation, the woman receives half her dowry and is returned to "single" (`izba') status.
Divorce By default men can divorce their wives through verbal repudiation which is then legally put into action. There are two types of divorce, talaq raj`i(which allows the man to change his mind within a three month period with or without her consent and/or allows the couple to remarry at a later date) and talaq niha'i (which requires the man to repudiate and/or divorce his wife three times). Women can ask for divorce under particular circumstances but must forgo her alimony and belated dowry in order to do so. If the woman has stipulated in the marriage contract that she has the right to initiate a divorce then she may do so without losing any of her rights. She may also stipulate that she is entitled to up to half of his monetary worth if she is not to blame in the event of a divorce. The court decides all financial results of a marriage and divorce.
Custody By default, the father is the legal guardian of his minor children. He is responsible for them financially and must continue to pay for their upkeep even when they are under the custody of their mother. By default, the man has custody of his male children who are over the age of seven of his female children who are over the age of nine. Under particular circumstances and in the best interest of the children, the court can intervene and amend custody rules. By default, the divorced wife retains custody of her male children until they are seven years old, and of her female children until they are nine years old. The wife may lose custody if she is a non-Muslim or if she remarries and has a daughter who is not legally prohibited (through kinship) to her new husband. Under particular circumstances that have to do with the best interests of the child, the court can intervene and amend custody rules.

Inheritance
A male child inherits a full share from his each of his parents' estate. A male agnate may also inherit from his uncle and/or aunt if they do not have male children. A non-Muslim is not allowed to inherit from a Muslim. A Muslim may write a will for up to 1/3 of his/her estate, provided that the benefactor of his will is not a legal heir. A female child inherits half of a share from each of her parents' estate. If there is no son in the family and only one daughter, she inherits half the estate and the male agnates inherit the other half. If there are more than one daughter, they inherit 2/3 of the estate and the male agnates inherit the remaining third. A non-Muslim is not allowed to inherit from a Muslim. A Muslim woman may write a will for up to 1/3 of her estate, provided that the benefactor of this will is not already a legal heir.
Personal Status/Jaafarite (Shiite)

Marriage There are two types of marriages. Temporary marriages, which are contracted for a specified amount of time, and regular marriages. There is no specified age for marriage, only that a man must have reached “maturity.” A man can have up to four wives during the same period of time. Women need the consent of their fathers or grandfathers to marry unless they are not present, have illogical objections, or if she is a divorcee. There is no specific marriage age, only that a woman must have reached "maturity." However, there is an article that states that marriages can be consumnated after the age of nine for women. Technically, the wife is not allows to leave the house without the husband's permission unless it is to fulfill her essential responsibilities as a wife, and if she does it is a grounds for divorce and she is held responsible and will not receive alimony. She must make herself readily available for his pleasure, and can recuse herself only under the religiusly authorized reasons.
Annulment A man can obtain an annulment under the following circumstances; If his wife is found to be insane, if she has leprosy, if she is blind, if she is physically lame, if there is urine or stool within menstrual blood, and if she cannot conceive. A woman can initiate annulment only under stringent circumstances including; if her husband is found to be insane, or if he is not able to perform sexually and the marriage is unconsumnated.
Divorce There must be a witness to the divorce in the Jaafari personal status court, otherwise the divorce rules are the same as in Hanafi law. It is much more difficult for a women to obtain a divorce under Jaafari law. She can, however, initiate a divorce by abdicating all of her legal rights. Recently, Jaafari Sheikhs have been allowing women to ask for guardianship over the marriage contract and/or to delegate the gaurdianship to a third party who can file for divorce, a step that allows them more rights regarding divorce. Women who are younger than nine years old or are post-menstrual do not have to undergo the `iddat (three months of confinement during which the ex- husband can change his mind) even if the marriage has been consumnated.
Custody In the event of a divorce, men retain custody of their male children after the age of two and that of their female children after the age of seven.

In the event of a divorce, women retain custody of their male children until they are two years old and that of their female children until they are seven. A woman may lose custody of her children if she is a non-Muslim or if she remarries.
Inheritance A male child inherits a full share from his each of his parents' estate. A non-Muslim is not allowed to inherit from a Muslim. A Muslim may write a will for up to 1/3 of his/her estate, provided that the benefactor of his will is not a legal heir. A female child inherits half of a share from each of her parents' estate. If there is no son in the family and only one or more daughters, they inherit the entire estate. A non-Muslim is not allowed to inherit from a Muslim.
Personal Status/Druze

Marriage The Druze personal status is the only Muslim personal status in Lebanon that does not allow men to marry more than one woman. The marriage age for men is 18. If the man is between the ages of 16 or 18 he can receive permission to marry from the religious authority of his sect or from the judge in the personal status court. Women can get married at the age of 17. If a woman is between the ages of 15 or 17 the religious authority or the judge at the personal status court can grant her permission to marry, as long as she has medical proof. Women do not need consent of a male guardian to marry, but the sheikh does notify the guardian of the impending marriage contract. If the guardian does not object with legally convincing reasons within 15 days, the marriage is conducted. If the woman is over 21, a male guardian does not need to be notified.
Divorce Men have to request a divorce from the presiding sheikh. He decides if the couple divorces. If they do, then they can no longer be in each other's lives. Women have to request a divorce from the presiding sheikh. He decides if the couple divorces. If they do, then they can no longer be in each other's lives. Once a divorce is issued, a woman cannot remarry for four months, the period of her `iddat. If her husband has passed away, she does not have to carry out the `iddat before being remarried, even if she is pregnant.
Custody
 By default, after a divorce the man retains custody over his male children after they reach seven years of age and over his female children after they reach nine years of age. The judge can rule otherwise in the best interest of the child. By default, after a divorce the woman retains custody over her male children until they are seven years of age and over her female children until they are nine years of age. The judge can rule otherwise in the best interest of the child.

Inheritance
Druze are the only Muslim sect in Lebanon that allows the writing of a will for all of one's estate. If no will is written, Sunni (hanafi) inheritance laws are applied.
Druze are the only Muslim sect in Lebanon that allows the writing of a will for all of one's estate. If no will is written, Sunni (hanafi) inheritance laws are applied.