The first civil marriage in Lebanon: Launching a married life from the loophole to the marital and postmarital unknown

-
Flag of the Republic of Lebanon



Two Lebanese citizens were able to get "married" civilly. In Lebanon. The legal way for the Lebanese to get married civilly was and is to travel outside the country and marry civilly. 

The Minister of the Interior Marwan Charbel  has questioned the legality of this marriage and raised the key question of the legal vacuum that the couple would face had their marriage been a valid legal marriage under the laws of Lebanon.

The news of the "first civil marriage in Lebanon" was received with irrational exuberance as if this were the be all end all of all Lebanese agony. The supporters of civil marriage have it as an article of faith that needs no proof that civil marriage strengthens the national identity of the Lebanese.

There was no consideration of the implications of such a marriage if it were legal. Family law goes beyond the issue of the marriage itself. There are numerous related issues- birth and registration of the children, divorce, custody, marital property, etc. In Lebanon, all these matters are decided according to the relevant personal status laws of the different faith communities in Lebanon.  Many marriages end in divorce. Divorce is a reality if it were to happen that couple would find themselves in a legal vacuum. Under which law would they divorce each other, determine custody, support, alimony?  There is no civil law to deal with these real issues.

Also, there is the issue of probate law. In Lebanon, unlike in the US for example, probate of estates is considered a personal status matter that is under the jurisdiction of the various religious courts. Even though young people don't expect it but people die- at all ages. What happens if the husband, the wife or both die?

An optional civil marriage requires that the parliament pass laws dealing with all these issues  independently from the religious courts. Until then only the religious courts regulate the marital relationship and its consequences. It is highly unlikely that the parliament would write such laws.  

Even though the exuberant couple thought that they pulled a fast one on the Lebanese confessional system- the system has the last laugh.  

Comments

Post a Comment

Popular posts from this blog

Is Mahr Enforceable in a Court of Law?

-
Image
Love Struck When I was in law school in Toledo, one of my classmates told me that when he married his Palestinian wife, on the wedding eve, the father of the bride made him sign a paper saying that he owes his wife $100,000 in the event of a divorce. The love struck young man was reluctant to sign it but could not protest given that that would have caused a lot of problems (a possible bridezilla outbreak?). He told me that now he knows that that paper has no value as a contract since if it did meet all the requirements of a valid contract as set by Ohio law and was executed under duress. It does not have to be this way. What is Mahr? It’s easy to say what it is not- It is not dower, not dowry and not bride price. Mahr is frequently misunderstood as dowry. It is not. It is not a bride’s price, and not dower. Dowry is assets (goods, money and real estate) that a wife brings to her new husband- it’s a common practice in India. It becomes the husband’s property. Bride pric
Read more

Response to Amer Zahr’s Sexual Harassment Column

-
Image
Rana Abbas, former ACRL executive director Amer Zahr, Rana Abbas's BFF Response to Amer Zahr’s Sexual Harassment Column The Imad Hamad saga has attracted a motley crew of individuals who joined in for two reasons: 1. To say, without any legal basis for personal knowledge, that the allegations are “true” for a variety of reasons.  2. To say that we basically need no investigation and that Imad should be fired because these two women have made these allegations. Allegation is the key word. Let’s look at the bright side of this sordid affair. Who knew that everyone in our community is a solid supporter of women’s rights? This is great! It really is. However, by God, people will prove it by piling on Imad Hamad before receiving all the facts. Let me make one thing clear. I am not stating these women were not harassed; nor am I stating they were. No one, other than Imad and the women, was in the room when the alleged harassment occurred.  No third party could
Read more

In Defense of the Dream During the Night of the Long Zionist Nightmare:

-
Image
    “When you were still swinging from trees, we had a state here.”   Former Israeli Prime Minister Naftali Bennet, speaking to an Arab member of Knesset.     Zionism is Jewish nationalism. Whether the Jews are a people or not, a nation or not, is for the Jews themselves to decide. For Arabs and Muslims, the issue of Zionism is not a theoretical issue. It is how the Zionist project has been carried out in Palestine. It is a settler colonial project that has been inflicting catastrophes on the indigenous people of Palestine. The indigenous people of Palestine include Muslims, Christians and Jews. The Zionist violence in the West Bank and Gaza is the most recent chapter in the settler colonial  book of horrors.    Congresswoman Rashida Tlaib got in trouble with some in the Jewish community for using the common, perfectly moral and just slogan "From the River to the Sea Palestine will be Free." This slogan captures a vision for Mandate Palestine and is a common slogan among the
Read more