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LEBANON - KAFA - LEGAL RIGHTS OF WOMEN - MUSLIM & CHRISTIAN

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Muslim Communities

Shiite Communities

Engagment

Are there any conditions for engagement:

The engagement consists of certain steps preceding marriage, including the proposal, offering presents and gifts to the bride … It doesn't have any legal conditions since it is a customary matter. However, it may be the cause of a legal status, like when both parties agree during the engagement on certain things and conditions, upon which the marriage contract would be based later. These conditions would then be legally considered as contract conditions.

Is there any compensation due after the engagement revocation?

No, there isn't any compensation due after the engagement revocation unless there is a prior condition.

Should the gifts be returned in case of engagement revocation?

Yes, gifts should be returned upon the engagement revocation if there is a request in this regards, and in case they are still available and they haven't been worn out or altered.

Signing the Marriage Contract

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Is there a specific period for the Dukhla (consummation of marriage)?

There is no specific period for the wedding night, and no legal specification for the period going between signing the contract and moving to the marital home. However, if this period was longer than one year, and if the husband was responsible for this delay, he would have to pay his wife alimony even if she wasn't living with him in the marital home.

Will the woman be considered as divorced if the marriage contract was annulled?

The divorce and contract annulment are two different reasons for marriage termination. The marriage contract may be terminated by annulment due to a defect in the woman or the man such as insanity. Marriage may be also terminated by divorce which should be pronounced by the husband, his representative or the judge. Marriage may be terminated as well by nullity like in the case of the wife's apostasy or embracing Islam separately from her husband. The divorce, annulment and nullity permits are three different cases for which there are special judgments and resources.

Does the man have the right to refuse the divorce even if there hasn't been a “Dukhla” (consummation of marriage)?

Yes, the man has the right to refuse divorce before and after the dukhla in case the woman was responsible for any default. If the man was responsible for the default leading to divorce, the woman may turn to the religious judge. In case the legal conditions leading to divorce were met and the husband refused to divorce, the judge would pronounce the divorce himself.

Are there any consequences resulting from the divorce taking place before the dukhla with regards to indemnities?

There are no indemnities upon the divorce in this case, but the dowry may be deferred until the divorce. When the divorce takes place, the deferred dowry specified in the contract would be due; and in case the divorce takes place before the dukhla, half of the total dowry would be due, was it deferred or in advance.

Marriage

Do I have the right to get married without my parents consent? Minor - Major

The marriage of a virgin cannot take place without the guardian's consent, who might restrictively be the father or the paternal grandfather. Whether she was minor, adult or deflowered without a sexual intercourse, she'd still need her guardian's consent. As for the woman who‘s remarrying or who's not virgin, she doesn't need any consent. In case it was impossible to get the permit due to an absence or detention, and the girl needed to get married, the consent condition ceases to be valid.

Do I have the right to include a special condition in the marriage contract?

Yes, you may include your conditions in the marriage contract unless they were prohibited or allowing a prohibited thing, or prohibiting a legitimate thing. If the man or the woman includes an impermissible condition in the marriage contract, the condition becomes invalid and the contract stays valid unless this condition was in contradiction with the contract's clauses. As for the legitimate conditions, they have to be fulfilled, but not doing so doesn't lead to annulment unless it is due to a defect permitting the annulment.

What are the documents required for marriage?

1 – A recent civil status extract (less than 3 months) for both spouses.
2- Medical certificate for both spouses.
3- License given by the father of the bride with his consent to marriage, certified by the Moukhtar if inside Lebanon, or the Lebanese Embassy and the Foreign Affairs Ministry if abroad, in case he cannot be present in person and declare his approval.

What are the conditions which should be fulfilled in each of the spouses upon the marriage contract conclusion?

Both spouses should be mature, discerning, free and conscious of their choice. They should be adequate one to another and the Muslim is adequate to the Muslim. The lineage, race, trade or other qualities that may differentiate people do not invalidate any marriage. They should be also specifically named; the contract should not be concluded by using expressions such as “the daughter of x” or the “son of y”. There shouldn't be any impediment to marriage

Do I have the right to marry a Muslim or a Christian? Are there any specific conditions for that?

It is absolutely not permitted for a Muslim woman to marry a non-Muslim

Before which authority a mixed marriage is concluded?

In the cases where mixed marriage is permitted in spite of the difference of religion or community, the relevant authority would be the Religious court related to the husband's religion or community, according to the authority regulations specified by the laws, unless the spouses agree in the contract on choosing the religious Court they want.

In case there is any dispute between me and my husband, what would be the relevant authority to turn to?

The relevant authority to decide on the dispute is the one that concluded or certified the marriage.

Are there any conditions for marrying a man from another community?

It is absolutely not permitted for a Muslim woman to marry a non-Muslim. There are no other specific conditions for mixed marriage, unless this marriage affects the religious integrity. In this case, the mixed marriage is prohibited.

Can I have the right to initiate divorce (isma)?

In the Jaafari School , a woman cannot have the right to initiate divorce, but she may set a condition within the contract to be the husband's procurer and get divorce to herself when certain things occur. The procurement is obligatory in this case.

Is civil marriage that's concluded outside Lebanon registered before the Lebanese Personal Status departments? Which court would be relevant to decide on any dispute that may arise between the spouses?

The civil marriage concluded outside Lebanon is registered before the Personal Status departments. In case of any dispute between the spouses, the civil courts are the relevant courts to decide on it, unless the spouses were Muslim, and one of them at least Lebanese. In this case, the laws of the religious courts are implemented and the religious court would be the relevant court to pronounce the decisions.

If the civil marriage was followed by a religious marriage, which one would have the priority in Lebanon ?

There is no comparison between the civil and religious marriage in the religious or civil laws. The civil marriage cannot be a substitute for the religious marriage before God in case both spouses adhere to a religious personal status law. The marriage that's certified before the personal status departments is the Islamic marriage. If the civil marriage was first registered, the religious marriage may be registered later. In all cases, the authority regulations included in the answer to question 12 of this section are to be followed.

Should divorce be civil and religious, or would one of them be enough?

The divorce is the dissolution and termination of the marriage contract according to the personal status laws under which the marriage was concluded. Thus, none of the divorces may be a substitute to the other. If two civil and religious marriages were concluded, and a religious divorce was pronounced, the civil marriage would stay valid, and vice versa. This is obvious if the spouses belong ideologically, socially and legally to a regime that admits diversity and permits the repetition of marriage according to more than one personal status law, and considers both marriages as legal. However, if the spouses belong ideologically, socially and legally to one personal status law, then the valid marriage would be the one which was concluded under this law and the other one would not be valid; thus the divorce which is conform to the personal status law under which marriage was concluded is the one that dissolves marriage, be it religious or civil, and there wouldn't be a need for another divorce. This is all with regards to legality. As for registration and implementation, the divorce that may be registered and implemented is the one conform to the Lebanese laws and the religious personal status law as long as they express the spouses' adherence. If marriage was concluded or registered civilly because of a legal obligation or a mistake made by the spouses who concluded marriage under a different law than the one related to their adherence, if a civil marriage was concluded outside Lebanon and one of the spouses was Lebanese, then a religious divorce was initiated, this religious divorce may be implemented and may lead to the legal dissolution of marriage.

Are there any conditions for polygamy in the permanent marriage?

Yes, polygamy requires the ability of the husband to fulfill all his moral, material and sexual duties that are legally set towards all his wives in an equitable way. That's what's legally known as “equity” which was cited in the Koran verse “Marry women of your choice, two, or three, or four, but if ye fear that ye shall not be bale to deal justly, then only one”.

What is the minimum age for marriage?

There is no minimum age for marriage, but the spouses should fulfill the requirements mentioned in the answer to the question 4 of this section, such as maturity and discerning

What's the difference between the dowry and the ‘Arboun?

There is no ‘Arboun in the Jaafari School . As for the dowry, it is considered as one of the pillars of the marriage contract. It should be stated for the temporary marriage to be valid. But if marriage was permanent and the dowry was not expressly stated, the woman gets a similar dowry to the one usually offered to her peers. The dowry may be in cash or in kind or a right such as a property and it has no minimum or maximum limit.

Different types of Divorce

Annulment:

When marriage lacks one of its validity conditions, which wasn't known at the time of the contract's conclusion, an annulment is pronounced. This condition may be in the contract itself or related to the contracting parties.

Termination:

The marriage contract may be terminated in case one of the spouses was found to have one of the defects determined by the Islamic laws, such as insanity. Thus, the other party may terminate the contract and register this termination.

Nullity:

Nullity takes place when one of the impediments to marriage is found, even if marriage was already concluded, such as apostasy, or the adoption of Islam by the wife alone without her husband, whether he was of the book or not, or the adoption of Islam by the husband without the wife if she wasn't of the book.

Divorce:

The divorce leads to the dissolution of the marriage contract signed by one of three persons:

1- The husband: and is of many kinds:



A- Signed by the husband independently, without any request and monetary substitute offered by the wife. If it's done before consuming marriage, it would be irrevocable, i.e. he wouldn't have the right to take his wife back; if it's done after consuming marriage, it would be revocable until the waiting period ( iddat ) is over.

B- Signed by the husband following the wife's request, repugnance and monetary substitute, even if the husband didn't have any reason to want it. This divorce is irrevocable and the husband cannot take his wife back unless the divorced woman takes back the substitute during the waiting period. The monetary substitute is what the wife offers in exchange for divorce. It may be equal, less or more than the dowry. The renunciation to the dowry which may be agreed upon in certain cases is not considered as a substitute unless it is determined as such in exchange of the Khul' .

C- Signed by the husband due to the repugnance of both spouses, with a monetary substitute offered by the wife. It is an irrevocable divorce and the husband cannot take his wife back unless she takes back the substitute during the waiting period. This is known as divorce by mutual consent. It is distinguished from the Khul' by the fact that the substitute is not to exceed the dowry amount.

2- The husband's procurer: The divorce is then determined according to the procurement, the husband and the wife's status as for marriage consummation, repugnance, or the monetary substitute. The wife may be the husband's procurer and pronounce her divorce. This procurement may be a condition included in the marriage contract.

3- The Islamic judge: who signs the divorce instead of the husband; this is done in two cases set out by the Fiqh:

A- The wife of a missing person who disappears without any trace or any proof about his death or life, and who has no money left for his wife. This divorce is revocable; the husband may get his wife back if he reappears during the waiting period.

B- The wife of an unjust husband who maltreats her or violates her rights. The Islamic judge warns him, lets him choose and gives him time, but if the husband refuses to divorce his woman, the judge will divorce him, and divorce will be irrevocable in this case.

Impediments to marriage:

The impediments are of two types: genealogical and causal impediments.

The causal impediments include permanent impediments that make it impossible for people to ever marry, such as the stepmother and stepdaughter, as well as temporary impediments such as the wife's sister. The genealogical impediments are of seven types:

First: The mother and grandmother (maternal or paternal).

Second: Daughters and granddaughters descending from sons or daughters.

Third: The sister (paternal or maternal, or both).

Fourth: The paternal aunt as well as the paternal grandaunt and great-grandaunt.

Fifth: The maternal aunt as well as the maternal grandaunt and great-grandaunt.

Sixth: The niece and the descendent nieces (from the brother).

Seventh: The niece and the descendent nieces (from the sister).

The causal impediments are fourteen:

First: Relationship established through nursing. The same impediments as those related to lineage apply here, if the nursing milk is the result of a birth even if resulting from a suspicious relation, and if the nursing was for one day and night, or fifteen complete nursing from the breast of a living nurse, providing that this nursing is not interposed by other food.

Second: Affinity (relationship by marriage), i.e. the relationship between one of the spouses and the relatives of the other, requiring the prohibition of marriage between them. A man cannot marry the wife of his father, and the father cannot marry the wife of his son. A man cannot marry the mother of his wife, whether she was her biological mother or nursing mother. A man cannot have two sisters as wives at the same time even if one of them was in the waiting period of a revocable divorce or a temporary contract. A man cannot marry the niece of his wife unless with her consent, or her foster child whether she was from a previous marriage or a later marriage.

Third: unlawful intercourse

Fourth: Adultery

Fifth: Homosexuality. The man cannot marry the mother of the other man and her ascendants, his daughter and her descendants, his sister if homosexuality was prior to the contract.

Sixth: A man cannot marry a married woman

Seventh: The waiting period (iddat). A man must not marry a woman during her waiting period

Eighth: Polygamy. A man cannot marry a fifth woman if he has already 4 wives, still married to him or divorced by a revocable divorce before the end of the waiting period.

Ninth: Repeated divorces. A man may not marry a woman whom he had divorced three times, unless she marries another man. A man may not marry a woman whom he had divorced nine times.

Tenth: Al li'an. A man may not marry a former wife if they had gone through the process of Al li'an (double testimony concerning accusation of adultery between them).

Eleventh:

Twelfth: Non-Islam. The non-Muslim is the one who denies one of the three fundaments of Islam: “monotheism, prophecy, and the afterworld”, or who denies a religious requirement, or who criticizes Imam Ali and curses him, or who has feelings of hatred towards the family of the Prophet, or who believes in the holiness of Ali, or any other Imam or human. A Muslim woman may not marry a non-Muslim man in all cases. A Muslim man may not marry a non-Muslim woman unless she was of the book. If the husband of a woman of the book converts to Islam the contract stays valid. If she converted to Islam and he didn't before the marriage consummation, the contract would be terminated; if this happened after the consummation of marriage, then the contract would be terminated after the iddat. In case he becomes Muslim, the contract stays valid. If one of the spouses who're not of the book embraces Islam before the consummation of marriage, the contract would be terminated; otherwise, they will have to wait for the iddat.

Thirteenth: Apostasy. The marriage to an apostate is prohibited. Marriage is annulled in case of apostasy.

Fourteenth: Prohibition. The marriage to a prohibited spouse cannot take place.

Abandonment:

There is no abandonment in the Jaafari School .

Leaving the Marital Home

Do I have the right to leave the marital home? Can I take my children with me?

The wife cannot leave the marital home without her husband's consent and approval. She will be considered as disobedient, and she will be deprived of some of her rights, unless she left the house in order to fulfill a legal obligation that cannot be postponed. The husband cannot prevent her from leaving the house in case this is justified by a legal excuse, such as when her staying at home would jeopardize her life or dignity due to maltreatment. In the cases where it is permitted to the wife to leave her home, she doesn't have the right to take her children with her unless they were in an age that gives her right to their custody, or if leaving them at home would jeopardize them. In all other cases, children should be left with the father since he's the legal guardian who's responsible for them.

Do I have to file for a suit before the religious court and/or a penal suit?

In case the wife leaves the marital home for a legal reason, such as the danger she has to face because of the cohabitation, she would have the right to alimony while she's outside the house. This is a valid reason to file for a religious suit in order to get the due alimony while she's outside the marital home because of the husband's maltreatment. The suit should also decide on the other matters resulting from leaving the marital home such as custody, visitation rights, and children's alimony, since the religious court has the sole authority to decide on all these matters. As for the penal lawsuit, it may be filed in case the husband's behavior is sanctioned by the law, such as beating and similar acts that may endanger her safety and life.

Does my husband have the right to get me out of the marital home? Does he have the right to change the lock?

The husband does not have the right to get his wife out of the marital home, unless her behavior becomes aggressive and may endanger the family and the house's safety. Getting her out of the house would thus be a preventive measure until a solution is reached by means that guarantee safety inside the house. In case the husband gets her out as part of his aggressive behavior, changing the lock would be then another expression of his ill behavior. .

In case I owned the marital house, do I have the right to change the lock?

The husband should provide the marital house. However, if both spouses agree on living in a house owned by the wife, the conditions of the husband's stay in this house would be subjected to their agreement. If this agreement allows the wife to terminate it on certain conditions, then she would be able to deny him the right to stay at home and she may do whatever she wants with the house, such as changing the lock. The husband should in this case provide a marital home; otherwise he'd be considered as negligent. If the agreement doesn't allow the wife to do so, and grant the husband the right to stay at home, she should abide to it and refrain from doing anything that might hinder his stay.

Custody

What's custody age?

There are many interpretative judgments in this regard, namely two opinions: First, the mother has the right to custody until the age of two, for both males and females, and then the father will have their custody. The second opinion stipulates that the mother has the right to custody until the age of two for the males and seven for the females, then custody is transferred to the father, until children reach legal majority and they may choose with whom to live.

When could a custody suit be filed?

The custody lawsuit is filed whenever it is thought to be due, by the father or the mother, regardless of the marriage contract state (terminated or not). The custody lawsuit does not depend on any other suit.

What are the cases of paternal authority loss?

The paternal authority is not a legal term and has no specific meaning. If it means the end of the custody age for the parents, then you may review the answer to the previous question. If it means the legal guardianship, then it continues until legal majority for both males and females. It remains for the virgin female since she will need her guardian's consent in order to get married, even if she reached her legal majority.

When does the mother lose her right to children's custody?

When she's unable to secure their safety and rearing.

What would be the position of the relevant Court in case children refuse to stay with the custodian?

The Court will examine the custodian's capacity. If it was proven that he's trustworthy and may secure the child's safety and rearing, and that he doesn't endanger him in any possible way, then custody will remain with him. However, if the custodian proves to be unreliable and that he might cause damage to the child, the court would grant custody to another trustworthy party which might not be any of the parents in case they are both unreliable.

How is custody decision executed?

The custody decision is submitted to execution through the execution department.

Upon filing a custody suit, to whom the minor's custody and guardianship is temporarily granted (during the Court procedures)?

Upon filing a custody suit, the child remains with his caregiver until the Court reaches a decision, unless this is proven to cause damage to the minor child which requires immediate intervention in order to protect him. The Court decides then to transfer him to another guardian until a decision is issued, by the power of a temporary decision.

What are the conditions for winning the custody case?

The fulfillment of the legal requirements with regard to age, in case the suit is between both parents, to priority in case the suit is filed between the mother and relatives because of the loss of the father or his inability to be custodian, and to the minor's safety in general.

Is there an appointed time and what are the costs of a custody suit?

The appointed time is subject to the legal terms and the court's schedule. As for the costs, they are set by the law.

What's the difference between guardianship and custody?

Guardianship consists of managing the minor's affairs, and it doesn't require a direct contact with the child. As for custody, it includes direct and detailed care provided to the child. This is from the practical side. As for the jurisprudential side, guardianship is a binding obligation to the guardian and may not be given up. Custody is a right that may be denied or given up as for the mother. However, it may not be denied as for the father since it is related to guardianship obligation. Nevertheless, the father may, by the power of his guardianship, grant custody to the mother even after the end of the appointed term for her legal custody.

Does abuse lead to the loss of the father's custody right?

If the abuse reaches the level of causing physical, psychological or educational damages, the custodian would become unreliable and may lose the right to custody which is then granted to a trustworthy party, be it the mother or someone else.

Is it necessary for me to have an income and a house in order to win my children's custody?

No, it is not necessary unless the lack of income and a house causes some legally unacceptable damage to the children. This may affect the custodian's competence and his right to custody.

Who would be granted my children's custody in case their father is not competent to fulfill it?

To any party proven by the Court to be trustworthy and capable of taking good care of the child with regard to his physical safety, as well as his psychological and educational wellbeing.

In case a decision is issued by a foreign competent authority granting custody and guardianship to the mother, could this decision be executed in Lebanon ? (In case of a foreign mother)

The decision issued by a foreign competent authority would be executable upon giving it the execution form by the relevant authority.

In case of two contradictory decisions issued by a civil authority and a religious one, which one will be executed in Lebanon ?

The decision that's executed in Lebanon is the one which complies with the Lebanese laws with regard to the international competence regulations and the personal status law to which the Lebanese citizen adheres. Thus the religious decision would be executable in case both spouses were Muslims or one of them Lebanese.

Alimony

Do I have the right to alimony during marriage? On what conditions?

The husband must spend on his wife, unless she was disobedient, an alimony including food, clothing, housing, medical care as well as furniture and personal necessities common to women. The marital alimony remains an obligation unless the wife becomes disobedient. If the husband fails to pay this alimony, it becomes a debt that he has to pay according to the legal procedures.

Do I have the right to request alimony during trial procedures?

The party filing for alimony may ask permission to take a loan from the defendant. In case the final verdict decides on alimony, the loan would be deducted from the alimony amount; otherwise, it should be paid back to the defendant.

Do I have the right to alimony upon the issuance of separation decision?

There is no separation decision in the Islamic court. There isn't such a thing called separation “hajr” in the Jaafari School other than the refusal to share the woman's bed because of her disobedience, which is a totally different issue. In this case the alimony is not due because of the wife's disobedience.

Do I have the right to alimony upon issuance of marriage nullity, divorce or marriage revocation decision?

Alimony is due to the wife as long as she is married. In case the marriage contract was terminated for any reason of dissolution requiring separation, the alimony would no longer be binding. If marriage is terminated by revocable divorce which treats the divorced woman as if she was still a legal wife until the end of the waiting period, she would have the right to alimony during this period and this right ceases to exist once the iddat is over.

Is there any criterion adopted by the relevant court in order to calculate alimony value? Is there any minimum value?

The court sets the alimony amount by adopting an analogical approach, i.e. assessing her needs in analogy to those of her peers. The husband's financial resources are also taken into consideration when setting out the alimony value.

How is alimony decision executed?

Before the execution department

Does the husband have the right to request alimony from me?

The husband has no right to any alimony from his wife.

Does the relevant Court have the right to interfere and stop the execution of its alimony decision?

The religious Court has the right to interfere and stop the execution of the decision upon an objection to the judgment by default, a request of retrial, or the objection of a third party if any.

How is a husband's ability to pay alimony proven?

The husband's ability may be proven through all legal means; In case this was impossible, and the husband insists on claiming insolvency, he'd have to take an oath. In case the husband was prosperous and claimed that he lost his money and became unable to pay, and his wife denied his claims, then she'd have to take an oath.

Do I have the right to request alimony from my husband through penal Courts?

No, because the penal court does not have the authority to look into alimony issues.

Do I have the right to request subsistence alimony from my children?

The descendents have to spend on their parents were they able to do so and were their parents in need. Parents should also spend on their offspring. Children should spend on the mother in case of the death of the father according to the same conditions. In case of alimony among relatives, if the person supposed to pay alimony failed to do so, the obligation ceases to exist. Similarly, the obligation to pay alimony lapses in case the beneficiary becomes rich.

How is alimony decision executed, and through what Court? What are the fees? And how are the notifications delivered?

Please refer to the answer to the question 6 of this section. Alimony cases are exempt from fees.

Is it possible to confiscate the husband's possessions based on the alimony decision?

It is possible to confiscate the husband's possessions within the legal norms set by the court or upon which alimony decision is based.

What does the alimony cover?

The alimony covers in general food, clothing, housing and medical care. The wife's alimony also includes furniture and personal necessities common to women.

In case my husband refuses to pay the already decided alimony for me and my children, would I have the right to request a detention order? How?

In case the husband fails to pay his wife the decided alimony, the wife may resort to the execution department; the judge would thus warn him to pay or he'd face detention. If he fails to pay, a detention order against him would be implemented.

Can I confiscate my husband's salary, movables or car in case he refuses to pay the alimony?

Please refer to the answer to question 13 of this section.

Travel Prohibition

How can I request a travel prohibition order, and from which Court? What's the time period for this decision?

The request of a travel prohibition order is submitted as an emergency request as part of a preventive measure within the context of an existing case that requires travel prohibition as a precautionary measure in order to protect the claimer's right. It may also consist of a wishful request, justified by the existing suit. In both cases, the order is issued by the revision chamber. There is no legal term for its issuance. It is up to the relevant court's schedule. The request is submitted to the same court which is examining the case.

Does the court have the right to revoke the travel prohibition order? On what conditions?

The court has the right to revoke a travel prohibition order issued according to the request of the party who originally requested it, or according to the objection made by the person against whom it has been pronounced, in case it has been proven during the objection that there are no grounds for travel prohibition, or if its grounds cease to exist according to the interrogation or by submitting a guarantee ensuring the possible rights in case they have been proven in the final verdict.

Is it allowed for a minor to travel without the consent of both the father and mother? Or would it be enough to have the consent of just one of them?

A minor cannot travel without his legal guardian's consent, i.e. his father or paternal grandfather. However, he doesn't need the mother's consent unless this travel undermines her rights and the minor's trip was not for a more important interest. In this case, what is more important is given precedence over what is important.

Children's Abduction

What's the difference between the abduction and non referral of the minor?

The abduction of a minor may happen in two cases:

A- When it is committed by a third party other than the parents.

B- When it is committed by the parent who is sentenced by the court to refer the child, but does not comply with this order and tries to get him out of the country after the decision execution before the executive judge.

As for the non-referral, it happens between the parents, before the issuance of a judgment or before the execution of the judgment.

It is to be noted that the child abduction by one of the parents is a legal title, not a religious Islamic term.

Do I have the right to file a penal suit against my husband in case he refuses referring my son or my daughter to me according to custody decision?

Yes, the wife has the right to file an abduction lawsuit before Penal Court upon the issuance of a decision to execute the religious judgment by the executive department, and after the father smuggles the children, hindering the decision's execution.

Visitation and Accommodation Rights

What's the difference between visitation and accommodation?

Visitation right is the right of the parents to see their child. Accommodation is when the non-custodial parent takes the child for a certain period of time in order to see him and spend time with him.

Are they allowed? And what is the duration set for a child accommodation?

Both parents have the right to visit their child, and both should facilitate visitation and remove all hindering obstacles for the other. Child accommodation is not a legal term. It is rather a customary term that was created as part of the visitation right regulation. Visitation is an absolute right. It hasn't been regulated by the Fiqh, but has been established as a principle. It is up to the parents to agree on all its details in case they were in good terms; otherwise, the Judge will decide on the conditions. The child's best interest is taken into consideration when setting out the visitation time and place. Thus, it may be once every week or two weeks. It may be also set as a daytime visit or an overnight spent with the other parent.

When is the request for visitation or accommodation submitted?

This request is submitted when one of the parents prevents it from taking place. There is no separate request for child accommodation since it is a consequence resulting from the visitation right regulation.

Is there any specific place for visitation?

There is no specific place for visitation. If the parents are not able to agree on the place, the religious court will decide on it taking the child's best interest into consideration as well as the social considerations; thus it is not acceptable for a divorced woman to see her children at her ex-husband's house, and vice versa.

Is it possible to request the division of visitation time equally between me and my husband during official holidays?

It is not allowed for visitation to practically become custody. Thus visitation periods should be regulated in the light of this legal limitation. Visitation time may be prolonged when the period between two visits is prolonged. And it should be shortened whenever visits get closer one to another. Other considerations related to the balance between the child's interest and the parents' right should be respected.

Is the custodian or guardian supposed to be present during visitation time?

No, he's not supposed to be present during visitation, unless there is any justified risk of abducting or causing any damage to the child.

Could visitation take place outside the Lebanese territories?

Yes it can.

What if the children refuse visiting one of the parents?

They cannot be forced to see the parent in case they were legally minor. Educational methods should be adopted in order to make them accept visitation. If they have reached the legal maturity, they would have the right to choose. Efforts should be deployed in order to make them realize the necessity of visitation since it is one of kinship applications.

How is visitation decision executed ?

This decision is implemented through the execution department.

Does my custodian husband have the right to prevent me from seeing the children at school?

As the guardian, the father may prevent visitation after the issuance of the visitation order by the court, in all circumstances that are not set out by the court, such as visitation at school.

Is it allowed to set conditions for visitation?

Both parties may express their requests and conditions before the court and the latter takes them into consideration as well as the child's best interest and the parents' rights when pronouncing its decision. Once the decision is issued, both parties are bound to its execution according to its clauses, and no additional conditions may be set unless in the context of a legal reconciliation.

Is it possible to appoint a psychiatrist to examine the children in case they refuse to see one of the parents in order to be sure that they haven't been subjected to any kind of pressure?

The Court may decide in this regard if any kind of pressure is suspected.

What can I do in case I am subjected to any kind of physical or verbal violence during visitation?

You may in this case have recourse to the Court in order to regulate visitation in a way that prevents any kind of violence. However, if visitation is already regulated by the court's decision without including practical measures that prevent violence, you may turn to the court and modify the decision in a way that protects you.

Cohabitation in the Marital Home

Does my husband have the right to file for cohabitation or recall me to Bayt Al Ta'a (house of obedience)?

Yes, the husband has the right to file for cohabitation in case the wife has left the marital home without his permission and for an illegal reason. The Jaafari Fiqh doesn't mention the term “Bayt Al Ta'a”, since the Holy Koran and the Sunna don't mention it. Thus, it hasn't any trace in the customary or legal practices of this Fiqh. However, this term is widespread in certain Islamic countries and among Muslims of different communities, leaving a dark image implying that the woman is forced to love in an inappropriate house where she is subjected to all kinds of maltreatment and abuse, like beating and insults. It is commonly believed that this obligation emanates from orders issued by the religious courts and executed through the police, exposing thus the woman to all kinds of humiliation and violence.

However, the effective practices are totally different and refute this rumor. All judgments pronounced by the Jaafari Religious Courts do not include any reference to something called “Bayt Al Ta'a”.

The widespread use of this term leads to some suspicions as for certain intentions aiming at deforming Islam, its judgments and values, by taking advantage of common people's ignorance and falsifying certain rights and obligations which regulate marriage, family life and relationships, and which can imply the notion of “obedience” and not “house of obedience”.

Do I have the right to file for cohabitation against my husband?

There is no point of having the wife file for cohabitation against her husband, since cohabitation consists of the wife's commitment to live in the marital home which was intended by the husband for this purpose. The wife is supposed to commit to stay at home and never leave it unless with her husband's permission or in order to fulfill a legal duty, or escape from some damage or threat resulting from maltreatment and abuse. This commitment is not requested from the husband as it is from the wife. Of course, and generally speaking, the husband should live in the same house as his wife since it is his marital home; otherwise, there won't be any marital home for the wife to cohabit with her husband in it, and consequently, she wouldn't be considered disobedient if she leaves it. But this a different issue here.

In case a decision obliging me to return to the marital home was issued and I refused to abide by it, what may be the consequences?

In case a decision was issued obliging the wife to go back to the marital home and she refused to do so, she would be considered as disobedient, and consequently looses her right to alimony.

What does “disobedient” woman mean, and does she have any rights?

Disobedience is when one of the spouses fails to commit to his duties towards the other. It may apply to both the husband and the wife when they fail to fulfill their duties. The disobedient woman is the one who failed to fulfill her marital obligations towards her husband. The main reasons of disobedience are: failing to fulfill her sexual obligations, committing repulsive things and leaving the house without his prior permission or a legal justification. Her disobedience entails losing her right to alimony as well as her husband refusal to share her bed, in addition to other rights.

Does my husband have the right to execute the cohabitation decision and oblige me to go back to the marital home through the police?

Just like any other court decision issued by the Lebanese courts, the cohabitation decision may be executed through the applicable legal procedures. However it is very rare to have the cohabitation decision officially executed by legal means.

Inheritance

Inheritance in case of difference of religion:

A non-Muslim may not inherit a Muslim, unless he embraces Islam after the death of the inherited person, and before the distribution of inheritance. The Muslim may inherit a non-Muslim.

Inheritance in case of difference of community:

The difference of community does not have any effect. The Muslim may inherit another Muslim whatever is the community he adheres to. As for the relevant court, it would be the husband's court.

Inheritance in case of civil marriage:

There is no legislation for civil marriage in Lebanon that regulates inheritance. Thus, inheritance is regulated according to the foreign law under which marriage was concluded.

What are the impediments to inheritance?

There are seven impediments to inheritance:

First: Non-Islam. The non-Muslim is the one who denies one of the three fundaments of Islam, or who denies a religious requirement, or who criticizes Imam Ali and curses him, or who has feelings of hatred towards the family of the Prophet, or who believes in the holiness of Ali, or any other Imam or human.

Second: Homicide. The murderer does not inherit the diseased if homicide was deliberate and wrongful. However, if homicide was accidental, quasi deliberate or rightful, then it wouldn't be considered as an impediment to inheritance.

Third: Slavery. It doesn't apply in our era.

Fourth: Li'an. It consists of a double testimony concerning accusation of adultery between spouses, and the husband's denial of lineage. There is no inheritance between spouses in that case. There is no inheritance between the father and the denied child unless he recognizes him after the li'an. In this case, the child inherits from the father and his relatives, but the father cannot inherit him. The li'an child inherits his mother and her relatives and is inherited by her and her relatives as well as his spouse. And if he leaves full siblings, their share would be equal regardless of their sex.

Fifth: Adultery. A child of an adultery relationship does not inherit his father or his relatives; neither does his father inherit him. He is inherited by his descendents and his spouse.

Sixth: Pregnancy. It entails putting aside the share of two males. If any addition was proven upon birth, it should be redistributed to the inheritors according to the law. This inheritance is conditioned by the birth of a living baby.

Seventh: Absence (missing person). This case entails putting aside his share for 4 years. At the end of this period, if he was found to be alive, then the money would be his. If he's found dead, then his share would be distributed to the inheritors. If he was still missing, his share would be distributed among the heirs and when he reappears, it would be returned to him.

Divorce

What is the duration of the waiting period (iddat) after divorce?

The waiting period of a divorced woman who hasn't reached menopause, and in case of marriage consummation and absence of pregnancy, is three menstruation cycles if she has a regular cycle. The iddat would be over once she sees blood of the third cycle. If her cycle is not regular, such as one menstruation every 4 months or so, the iddat period will be three months. Similarly, the iddat period for a woman who does not menstruate because of a congenital default, nursing or any other reason, is also three months. The iddat of a pregnant woman ends upon delivery.

what's the necessary period for a Court to pronounce a divorce, nullity or revocation decision?

There is no specific deadline in this regard. Once the legal deadlines for submitting the pleadings and sending all notices are over, the period of trial and the number of sessions would depend on the parties' circumstances and the court's schedule.

Where is the attorney procuration in personal status lawsuits done? What's its nature?

The attorney procuration in personal status lawsuits is done before the notary or the Religious court.

What is Khul'?

It is when the wife wishes to get divorce whereas the husband doesn't have any reason to want divorce. In this case, she offers a monetary substitute (Bathl) in exchange for divorce. The husband signs the divorce in exchange for the monetary substitute which may be equal, less or more than the dowry.

In case the husband suffers from a psychological or mental disease, how can this be proven? What are the consequences?

The husband's psychological or mental disease may be proven by a medical report issued by specialists or a medical committee appointed by the court. In case of insanity, a marriage annulment case could be filed before the religious court. In case of psychological problems that do not require marriage annulment, each case should be examined separately. Sometimes, the spouse may be allowed to leave the marital house without being considered as disobedient and other times a divorce could be filed before the religious court.

What is a revocable divorce, and is there a waiting period for this divorce?

The revocable divorce is when the husband takes the initiative to divorce his wife before she reaches menopause, after the consummation of marriage and without her approval or any monetary substitute from her side. It is called revocable because the divorced woman is considered as if she was still a legal wife, and the husband may revoke it until the end of the waiting period. As for the iddat period, it is detailed in the answer to question 1 of this section.

Sunnite Communities

Engagment

Are there any conditions for engagement:

The engagement supposes an unmarried fiancée and the absence of any waiting period (iddat). (Art. 13 Family Rights Law, Art. 1, 2 Personal Status Law). The man is allowed to see his fiancée's face and hands (Art. 3 Personal Status Law).

Should the gifts be returned in case of engagement revocation? Should the gifts be returned in case of engagement revocation?

The marriage is not concluded by a gift or a promise; thus, if one of the fiancés breaks his word and refrains from marriage, or dies, the other has the right to get back what he offered in advance to dowry, in kind if they were still available or through reimbursement if they were worn out. As for the gifts exchanged between them, they are treated as a donation (Art. 1 and 2 Family Rights Law).

Signing the Marriage Contract

Is there a specific period for the Dukhla (consummation of marriage)?

There is no specific deadline for the Dukhla

Will the woman be considered as divorced if the marriage contract was annulled?

If the contract was annulled due to divorce, the wife would be considered as divorced, regardless of her age. However, if she was divorced before the marriage consummation, she would regain a “single” status. If she was divorced after the marriage consummation, her status will be “divorced”. Annulment is like divorce as for separation, but distinct as for the number of divorce initiations.

Does the man have the right to refuse the divorce even if there hasn't been a “Dukhla” (consummation of marriage)?

Divorce is one of the man's rights unless the marriage contract grants the woman the right to divorce her husband (isma). Thus, the man has the right to divorce his wife, before or after marriage consummation, with or without her consent, and he'll be responsible, in this case, for all consequences like dowry and the iddat alimony.

Are there any consequences resulting from the divorce taking place before the dukhla with regards to indemnities?

If the wife is divorced before marriage consummation, she wouldn't have the right to indemnities. However, if the divorce is pronounced before the marriage consummation and the legal intimacy, the wife would have the right to half her dowry.

Marriage

Do I have the right to get married without my parents consent?

Minor: If the minor intending spouse was male, he doesn't have to ask for his parents' consent; however, it's up to the judge to check his maturity and readiness. In case the judge decides that he's not ready, then he wouldn't have the right to marry. If the minor was the female, and she's found to be mature and ready for marriage, she'd still need her guardian's permission. For the Hanafi School , she may give herself to marriage by herself; provided that she's mature and discerning (Art. 5 and 6 Family Rights Law).

Major: The male who has reached his legal majority has the right to marriage without his parents' consent. As for the females who has reached legal majority, she would still need her guardian's approval. If the latter objects, the judge should examine this objection and decide accordingly. If the guardian does not object, or if his objection was unlawful, the judge may allow the marriage (Art 8 Family Rights Law).

Do I have the right to include a special condition in the marriage contract?

The woman has the right to include any condition she wants in the marriage contract, provided that her conditions are in conformity of the contract. For example, if she puts a condition about not allowing her husband to take another spouse, and if he does so, she or the second spouse would be divorced, the contract would be valid and the condition null (art. 38 Family Rights Law).

What are the documents required for marriage?

1 – A recent civil status extract for both spouses.
2- Medical laboratory tests with a medical report done by a medical practitioner.
3- License given by the Moukhtar.

What are the conditions which should be fulfilled in each of the spouses upon the marriage contract conclusion?

First: The woman may no be married or in her iddat period (Art. 13 Family Rights Law, art. 26 Personal Status Law)



Second: A man cannot marry a woman if he has already four spouses, or if his fourth divorced wife is still in her iddat period (Art. 14 Family Rights Law, art. 30 Personal Status Law).

Third: A man cannot join between two women in marriage in case there are impediments to this marriage with regard to kinship or nursing relationship (fosterage), like marrying two sisters at the same time or a woman and her paternal or maternal aunt (art. 16 Family Rights Law, art. 26 Personal Status Law).

Fourth: The woman should not be prohibited to him, such as marrying his mother or sister. There are four categories in this regard:

1- The man's mother and grandmothers.
2- The man's daughters and grand-daughters.
3- The man's sisters and nieces and their grand-daughters.
4- Paternal and maternal aunts (Art. 17 Family Rights Law, art. 22 Personal Status Law).


Fifth: Repeated divorces. A man may not marry a woman whom he had divorced three times, unless she marries another man, and their marriage is consummated, and then is divorced from him because of his will and not just to allow the first husband to remarry her, or he dies and she completes her waiting period (Art. 135 Family Rights law, art. 28 Personal Status Law).

Sixth: The wife should be Muslim, Jew or Christian. A man may not marry a woman who's not from the People of the Book (Art. 32 Personal Status Law). As for the Muslim woman, she may not marry a non-Muslim man (Art. 58 Family Rights Law)

Seventh: There shouldn't be a nursing relationship between the man and the woman he wishes to marry. The same prohibitory provisions of kinship and affinity apply on nursing (fosterage) relationship (Art. 18 Family Rights Law, art. 25 Personal Status law), with some exceptions specific to nursing relationship.

Eighth: The woman he wishes to marry should not be ascendant or descendent of a woman with whom he committed adultery. The latter is forbidden for his ascendants and descendents, but her descendents and ascendants are not prohibited for them (Art. 24 Personal Status Law).

Ninth: The man may not marry a woman who's tied to him by affinity relationship. There are 4 categories in this regard: 1- The sons' and grand-sons' wives.
2- The wives' mothers and grand-mothers.
3- The father's and grandfathers' wives.
4- The wives' daughters and grand-daughters, but provided that he consummated his marriage with the girl's mother. If the mother dies or is divorced before marriage consummation, his will be allowed to marry her daughter (Art. 19 Family Rights law, art. 23 Personal Status law).

Does the Lebanese wife have the right to give her nationality to her husband and/or children?

Lebanese women do not give their nationality to their husbands or children. There is one exception for children: when they are illegitimate (unknown father).

Are there any special measures that should be taken before marrying a military officer?

The military officer wishing to get married should get a marriage license from his chiefs, as well as satisfy the conditions included in question 3 of this section.

Do I have the right to marry a Muslim or a Christian? Are there any specific conditions for that?

It is absolutely not permitted for a Muslim woman to marry a Christian. Her husband should be Muslim (Art. 58 Family Rights Law).

Before which authority a mixed marriage is concluded?

In the case of a Muslim husband and a non-Muslim wife (from the People of the Book), marriage would be concluded before the Religious courts. In case of a Muslim wife and a non-Muslim husband, the marriage is not valid. If this marriage was concluded abroad, it would be by virtue of a civil contract under the civil law. In this case, the civil court in Lebanon would be the relevant authority to look into issues related to this marriage.

In case there is any dispute between me and my husband, what would be the relevant authority to turn to?

The relevant authority to decide on the dispute is the one that concluded the marriage (Art. 61 Religious Law). In case one of the spouses is Sunnite and the other Shiite, they may agree in the marriage contract on the court which would be competent to look into any dispute (Art. 62 Personal Law).

Are there any conditions for marrying a man from another community?

It is absolutely not permitted for a Muslim woman to marry a non-Muslim. However, a Sunnite man may marry a Shiite and vice versa.

Can I have the right to initiate divorce (isma)?

Yes, the woman may have the right to isma.

Is civil marriage that's concluded outside Lebanon registered before the Lebanese Personal Status departments? Which court would be relevant to decide on any dispute that may arise between the spouses?

The civil marriage concluded outside Lebanon is registered before the Personal Status departments, through the Lebanese Embassy in the country where it has been concluded. In case of any dispute between the spouses, the civil court in Lebanon would be the relevant court to decide on it, provided that one of the spouses was Muslim (Art. 79, Civil Procedure Law). If both spouses were of the same sect, and one of them was Lebanese, then the Religious Court would have the authority to decide on any dispute between them (Art. 18 Religious Law). The court which concluded marriage may also decide on any dispute between them.

If the civil marriage was followed by a religious marriage, which one would have the priority in Lebanon ?

Priority is given to the marriage that's first registered in the personal status departments. It is preferable to execute the religious marriage since it is regulated by legal authorities.

Should divorce be civil and religious, or would one of them be enough?

If marriage was concluded before a religious court, divorce should then be done before the same court. In case the divorce was civil and pronounced by a civil court, both spouses would have the right to register it in the religious court. If the civil divorce is done in the absence of the husband or without his consent, it would be considered as null.

Do Are there any conditions for polygamy?

A man who wishes to take more than one spouse should fulfill all his duties towards all his wives in an equitable way, even if one of them was non-Muslim (Art. 152 and 153 Personal Status Law). Equity comprises many aspects. A new marriage should not cause damage to another.

What is the minimum age for marriage?

According to the Ottoman Family Rights Law which is adopted by the religious Sunnite courts in Lebanon , the minimum age for eligibility to marriage for the man is 18 years. In case he's below 18, and his puberty was proven to the judge, the latter might allow him to get married if he feels that he's ready. As for the girl, the minimum age for her eligibility to marriage is 17 years. In case she was below 17, and had reached puberty, the judge might allow her to get married if he feels that she's ready, and provided that she has her guardian's approval (Art. 6 and 7 Family Rights law).

What's the difference between the dowry and the ‘Arboun?

The dowry is what the husband pays to his wife according to the marriage contract. There is no ‘Arboun in the Islamic laws.

Different types of Divorce

What are the different types of divorce?

- Annulment
- Termination
- Divorce, which might be revocable, with major or minor separation

Impediments to marriage:

Please refer to the articles 13 to 19 Family Rights law, and the articles 20 to 32..

Leaving the Marital Home

Do I have the right to leave the marital home? Can I take my children with me? Do I have to inform him about my new residence?

The wife has the right to leave the marital house in case this house wasn't legal or if her husband didn't pay her dowry. A legal house is the one that's equipped with all necessary items; it should not accommodate any of the husband's relatives, unless his small children. It should be in a good neighborhood. It shouldn't accommodate more than one wife in case of polygamy. She should not feel lonely or scared in it, be it because it is too big and empty, or because the husband spends the night with his other wife, and she doesn't have a child or a maid to keep her company (Art. 70, 71 and 72 Family Rights Law, art. 184, 185 , 186 and 187 Personal Status law). In this case, the wife may take her children with her if they were in an age that gives her right to their custody. She should inform her husband of her place of residence.

Do I have to file for a suit before the religious court and/or a penal suit in case I leave the marital home?

In case the wife leaves the marital home for a legal reason, she would have the right to file for a suit before the religious court. But it is not a must (Art 18 Religious Regulatory Law).

Does my husband have the right to get me out of the marital home? Does he have the right to change the lock?

The husband does not have the right to get his wife out of the marital home, regardless of any possible reason. And neither does he have the right to change the lock.

In case I owned the marital house, do I have the right to change the lock?

In case the wife owned the marital house, she would have the right to get her husband out of it and change the lock if she asks him to make her move to a house that he owns and he refuses to do so. Otherwise, she'd be considered as disobedient and lose her alimony as long as she stays disobedient (Art. 101 Family Rights Law).

Custody

What's custody age?

Custody age applicable in the Lebanese Sunnite courts is 7 years for the boys and 9 years for the girl (Art 391 Personal Status law).

When could a custody suit be filed? Does it have to be preceded by another lawsuit?

The custody lawsuit is filed when the father or the child's caregiver refrains from referring him to his custodian. The custody lawsuit does not depend on any other suit.

What are the cases of parental authority loss?

When both parents are unable or ineligible to be custodians, custody is granted to the closest relative from the mother's side (Art. 384 Personal Status Law).

When does the mother lose her right to children's custody?

The mother loses her right to custody when she doesn't fulfill the custodian's conditions. These conditions are: - to be mature and discerning – trustworthy and capable of taking care of the child's safety – capable of rearing and protecting him – not to be apostate – not to be married to someone who's not prohibited to the child – not to keep the child in a house where he's disliked (Art. 382 Personal Status law).

What would be the position of the relevant Court in case children refuse to stay with the custodian?

The Court always decides in the child's best interest. The latter does not have the right to decide in this regard. The Court may listen to what he has to say, but it is up to the court to decide with who he should stay, provided that there is no legal impediment to that.

How is custody decision executed?

The custody decision is submitted to execution through the execution department, by virtue of the relevant laws (Art. 245 Religious law)

Upon filing a custody suit, to whom the minor's custody and guardianship is temporarily granted (during the Court procedures)?

Upon filing a custody suit, the child remains with his caregiver until the Court reaches a decision. If he were with his father, he'd stay with him until the Court reaches a decision, and then he'd stay there or move to his custodian.

What are the conditions for winning the custody case?

There are two conditions:
- The child should fulfill the legal requirements with regard to age.
- The custodian should fulfill all required conditions (Art 382 and 391 Personal Status Law).

Is there an appointed time and what are the costs of a custody suit?

There isn't a legal deadline for the custody suit. It may end after one hearing or more depending on the case's characteristics. As for the costs, they are set by the Ministry of Finance. They are paid before the treasurer of the religious court according to official receipts. There are also some additional fees to be paid to the Judges Cooperative Fund..

What's the difference between guardianship and custody?

Guardianship is a right granted to certain people to impose their will on others, with or without their consent, and this for two reasons: First: the person's inability. Second: His incompetence. As for custody, it consists of rearing the child who is not autonomous at a certain age by the lawful person among the child's prohibited persons

Does abuse lead to the loss of the father's custody right?

Abuse is considered as one of the reasons for losing custody. The custodian is supposed to be trustworthy and to protect the child. Thus, if he proves to be unreliable and abuses the child, he'd lose his right to custody.

Is it necessary for me to have an income and a house in order to win my children's custody?

No, it is not necessary since the children's expenditures and custody costs are due to be paid by the child's guardian. As for the house, it should be available but not necessarily the mother's property. She may live with the child in her parental house in case they don't dislike him and he's safe there.

Who would be granted my children's custody in case their father is not competent to fulfill it?

Custody is due for children who are still in custody age. Children who have surpassed this age have to join their father. If this latter is not competent, children are entrusted to their paternal grandfather. If they didn't have any, then they are entrusted to their closest paternal relatives, were they prohibited, like siblings, or not, like cousins. In case the child didn't have a father or a legal guardian, he'd stay with his mother, unless the judge finds it necessary to remove him from her custody. In that case, the child is entrusted to any party proven to be trustworthy and capable of taking good care of him. If it's a girl, then she's entrusted to her paternal grandfather. If she didn't have one, then to her closest prohibited paternal relatives, like her full brothers and uncles, but not to her relatives who are not prohibited to her such as her cousins.

In case a decision is issued by a foreign competent authority granting custody and guardianship to the mother, could this decision be executed in Lebanon ? (In case of a foreign mother)

If the decision is issued by a foreign court that does not apply the Islamic law, and the spouses were married in an Islamic court, then the decision is not applicable. Children's custody cases have to be decided by the Religious court and any other decision issued by any other court is considered as invalid, unless it is religious. In that case it is given the execution form by the relevant authority.

In case of two contradictory decisions issued by a civil authority and a religious one, which one will be executed in Lebanon ?

In that case, the authority under which the marriage was concluded should be examined. If the marriage contract was civil and the spouses were non-Lebanese, the Lebanese court would be the competent authority to issue the decision that has to be executed inside Lebanon (Art. 79 Civil Procedure Law). If the spouses were from the same sect as the court, and one of them was Lebanese, the religious court would have the right to issue the decision (Art. 18 Religious Regulatory Law). In case the marriage contract was concluded by a religious court, this court would be the only competent authority to issue decisions that are executed in Lebanon

Alimony

I have the right to alimony during marriage? On what conditions?

If the husband is not spending on his wife, the latter has the right to request an alimony order before the court. Alimony conditions are as follow:

a- A valid marriage contract.

b- If the husband doesn't ask her to move to the marital house, and his reluctance was unlawful.

c- If she refuses to cohabit with him until he pays her the dowry, be it before marriage consummation or after.

d- If the wife fell ill and couldn't have sexual intercourse with her husband after the wedding and after moving to the marital house or before, and then after moving while still sick.

e- If the husband was in detention and didn't pay his dues to his wife, or failed to.

f- If the house where her husband wants her to live does not comply with the legal requirements.

g- If the marital house was owned by the wife and she got him out of it, requesting to move to a property of his.

(Art. 69, 70, 71, 72 and 101 Family Rights Law – Art. 160, 161, 162, 163 and 164 Personal Status Law).

Do I have the right to request alimony during trial procedures?

The wife doesn't have the right to an advanced alimony during the legal procedures, since the decision cannot be predicted. But an alimony decision was pronounced in her favor, it would cover the period going from the alimony request submission, regardless of the period of trial (Art 94 and 96 Family Rights law).

Do I have the right to alimony upon issuance of marriage nullity, divorce or marriage revocation decision?

If the wife wasn't disobedient upon the issuance of divorce and she had filed for alimony before the divorce, the judge may decide on alimony covering the period that goes from the request date until the divorce decision issuance. In case of a separation resulting from marriage nullification or termination, the woman would have no right to alimony, unless termination was made because of her husband's apostasy. In that case, she would have the right to alimony. If marriage termination resulted from the wife's apostasy or the invalidity of marriage, she wouldn't be entitled to alimony, unless invalidity was due to the lack of witnesses (Art. 75 and 76 Family Rights Law, Art. 172 Personal Status Law).

Is there any criterion adopted by the relevant court in order to calculate alimony value? Is there any minimum value?

There is no specific alimony amount, neither a minimum amount. The court sets the alimony amount taking into consideration the husband's income and the relationship between both spouses.

How is alimony decision executed?

Before the execution department by the virtue of the Civil Procedure Law (Art. 245 Religious Regulatory law).

Does the husband have the right to request alimony his wife?

The husband has no right to any alimony from his wife. Even in case where the husband is poor and the wife is rich, the latter has the right to ask for alimony. The court allows her to take a loan in his name that would be deducted from the alimony amount in case she won alimony. She may spend from her money if she was rich or from the loan if she was poor; in all cases, this is considered as a debt that the husband has to pay back.

Does the relevant Court have the right to interfere and stop the execution of its alimony decision?

The religious Court has the right to interfere and stop the execution of the decision upon an objection in this regard. Thus, the husband may request to drop the alimony because of the exclusion of its grounds. For example, if alimony was granted to the wife because of the lack of a legal marital house, and the husband could provide it for her, he would have the right to ask to suspend the execution until a new decision is issued.

How is a husband's ability to pay alimony proven?

The husband's ability may be proven through decisive evidences, such as witnesses, the husband's confirmation in an official record, taking an oath and all legal proofs.

Do I have the right to request alimony from my husband through penal Courts?

No, because the penal court does not have the authority to look into alimony issues.

Do I have the right to request subsistence alimony from my children?

In case of her husband's death, a poor wife has the right to request alimony from her prosperous children, whether she was capable of earning her living or not. No other party has to assist the prosperous child in paying alimony to his ascendants (Art. 408 Personal Status law).

How is alimony decision executed, and through what Court? What are the fees? And how are the notifications delivered?

The alimony decision is executed before the execution department in the civil court. Alimony cases are exempt from fees. As for notifications, they are done upon examining the case in the religious court which notifies parties of the decision. As for the execution order notification, it is done through the execution department in the civil court.

Is it possible to confiscate the husband's possessions based on the alimony decision?

The wife has the right to request the confiscation of the husband's possessions on the basis of the alimony lawsuit. This request is submitted to the head of the execution department. This is valid for immovables. If the possessions to be confiscated are movables, then the woman has the right to claim for preventive confiscation before the religious court (Art. 22 Religious law, Art 866 Civil procedure Law).

What does the alimony cover?

The alimony covers food, clothing and housing. As for medical care and schooling, they are considered as expenditures (Art 173, 181 and 184 Personal Status Law).

In case my husband refuses to pay the already decided alimony for me and my children, would I have the right to request a detention order? How?

In case the husband fails to pay his wife the decided alimony, the wife may resort to the execution department in the civil court; this court is authorized to issue a detention order against him in case he doesn't pay his dues according to applicable legal procedures.

Can I confiscate my husband's salary, movables or car in case he refuses to pay the alimony?

Upon the issuance of the alimony decision, it is executed by the execution department according to the art 295 of the Religious Law. This department is authorized to execute the sentence or decision by any possible means. It may confiscate the alimony value from the defendant's monthly income.

Travel prohibition

How can I request a travel prohibition order, and from which Court? What's the time period for this decision?

Any interest part may submit a request of a travel prohibition order before the court that is examining the main case. An urgent executable decision may be issued by the revision chamber (Art 21 Religious Regulatory Law).

Does the court have the right to revoke the travel prohibition order? On what conditions?

The court has the right to revoke a travel prohibition order issued according to the request of the party who originally requested it, or according to the objection made by the person against whom it has been pronounced, in case it has been proven that the grounds for travel prohibition no longer exist, or the other party approves it, or after the interrogation in case the order was postponed till after the interrogations, or if a bank guarantee is made in this regard.

Is it allowed for a minor to travel without the consent of both the father and mother? Or would it be enough to have the consent of just one of them?

A minor cannot travel without his father or mother's consent. If he's traveling with his father, and he was beyond the mother's custody age, he wouldn't need her consent. If the mother was his custodian, the father may not take him out of the country without her consent and approval. If the child is traveling with his mother, she would have the right to take him without the father's consent, provided that her destination is her country of origin where their marriage was concluded. However this won't be the case if the marriage didn't take place in her country of origin or if she wants to go the country where marriage was concluded but which is not her country of origin. In these cases, she's prohibited to travel without the father's consent. In fact, she cannot take him from one town to another without the father consent, unless it was her hometown and the marriage was concluded there. As for any other female custodian, she has absolutely no right to change the child's residence without the father's consent (Art. 393 and 394 Personal Status Law).

Visitation and accommodation rights

What's the difference between visitation and accommodation?

Visitation: seeing the minor child who's with his custodian, be it the mother or the father.

Are they allowed? And what is the duration set for a child accommodation?

Visitation is allowed according to the legal procedures.

When is the request for visitation or accommodation submitted?

There is no specific time for visitation request provided that the child is still minor.

Is there any specific place for visitation?

The litigants may agree on the visitation place. If they fail to do so, the child's best interest would be taken into consideration, and in most of the cases, his place of residence is chosen.

Is it possible to request the division of visitation time equally between me and my husband during official holidays?

Yes, provided this won't cause any harm to the child.

Is the custodian or guardian supposed to be present during visitation time?

No, he's not supposed to be present during visitation.

visitation take place outside the Lebanese territories?

Yes, provided that the litigating parties agree on that.

What if the children refuse visiting one of the parents?

It is left to the Court's estimation. If it's proven that children themselves do not wish to see one of the parents, they may not be forced to do so. If it is found that someone is responsible for this refusal, then the court may issue an order requesting from the defendant to let the claimer visit the child.

How is visitation decision executed ?

This decision is implemented through the execution department (Art. 245 Religious Law).

Does my custodian husband have the right to prevent me from seeing the children at school?

If a visitation decision is issued and it does not include the school as a visitation place, the custodian may have the right to prevent the mother from seeing the children at school.

Is it allowed to set conditions for visitation?

There may be certain conditions for visitation, provided that they are conform to the laws

Is it possible to appoint a psychiatrist to examine the children in case they refuse to see one of the parents in order to be sure that they haven't been subjected to any kind of pressure?

The Court may decide in this regard whenever necessary.

What can I do in case I am subjected to any kind of physical or verbal violence during visitation?

In case the visitation requester was subjected to any physical or verbal violence, he can turn to all legal procedures in penal prosecution against the aggressor. This is not done before the religious court, but before a police station or the relevant authority (general prosecutor).

Cohabitation in the Marital Home

Does my husband have the right to file for cohabitation or recall me to Bayt Al Ta'a (house of obedience)?

The husband has the right to recall his disobedient wife to cohabit with him in the marital house which fulfills all legal requirements. As for the term house of obedience, “Bayt Al Ta'a”, which is meant to humiliate the wife, it is not valid in Islam. The wife is asked to be obedient and cohabit with her husband in their marital house, provided that this latter fulfills all legal requirements (Art.70, 71 and 72 Family Rights law). Obedience here means obedience to what's allowed by God, and not to the husband's desires.

Do I have the right to file for cohabitation against my husband?

The wife does not have the right to file for cohabitation against her husband. However, she has the right to file for a legal house, and within this context, request a good treatment in all its aspects.

In case a decision obliging me to return to the marital home was issued and I refused to abide by it, what may be the consequences?

In case a decision was issued obliging the wife to go back to the marital home and she refused to do so, she would be considered as disobedient, and consequently loses her right to alimony. She cannot request alimony as long as she is disobedient.

What does “disobedient” woman mean, and does she have any rights?

A disobedient woman is the one who disobeys her husband and refuses to live with him without any justifiable reason. She doesn't have the right to alimony as long as she stays disobedient.

Does my husband have the right to execute the cohabitation decision and oblige me to go back to the marital home through the police?

The husband does not have the right to oblige his wife to abide by the cohabitation decision through the police. Thus, the decision may not be executed by the execution department. All he may do is prevent her from requesting alimony.

Inheritance

Inheritance in case of difference of religion:

Inheritance is prohibited in case of difference of religion. A non-Muslim may not inherit a Muslim and vice versa (Art 587 Personal Status Law.

Inheritance in case of difference of community:

A Sunnite man may inherit his Shiite wife, and vice versa.

What are the impediments to inheritance?

The Will

The Will

All communities: the shares are specifically set.

For the Sunnites: The will to a Muslim and non Muslim may amount to the third of the testator's possessions or less than the third (Art. 538 Personal Status law). Any exceeding amount should be approved by the inheritors.

Divorce

What is the duration of the waiting period (iddat) after divorce?

The iddat period after a divorce consists of three menstruation cycles (Art. 139 Family Rights Law).

what's the necessary period for a Court to pronounce a divorce, nullity or revocation decision?

There is no specific deadline in this regard. The duration depends on each case's specificities.

What are the woman's rights when she's filing for divorce, nullity or revocation?

In case the woman files for divorce, i.e. separation, because of a dispute, the case is examined in order to determine liabilities. The woman gets her rights proportionately to her liabilities. If the divorce case is founded on li'an or jabb or ikhsaa, she would get all her rights.

In case the woman files for nullification of marriage, she would have no rights at all since marriage provisions do not apply to this case (Art 75, Family Rights Law).

In case the woman files for marriage revocation (termination), the case would be examined. If it is based on the woman's apostasy, she would have no rights at all. If it is due to a defect concerning the husband, she would take all her rights. In case they were both responsible for the revocation, the court would have to examine its timing. If it is done before the marriage consummation, the woman would have no rights at all; if it is done after the marriage consummation, she would be entitled to at least the dowry, but not to alimony (Art 76 Family Rights Law).

what are the conditions for filing for divorce, nullity or revocation?

Whenever a woman is filing a lawsuit against her husband, the marriage contract should be valid, and a legal interest should be available, even if a potential interest (Art. 25 and 26 Religious Regulatory Law).

What are the fees of filing for nullity, revocation or divorce?

The fees are set by the Ministry of Finance. They are paid to the treasurer in the Religious Court . Half of the fees are referred to the Religious Judges Cooperative Fund.

What are the evidences which can be adopted during a revocation, nullity or divorce suit?

The evidences that can be used by the court are confessions, personal statements (witnesses), evidences, official documents, oath…

What are the documents required to file for nullity / revocation/ divorce?

1- A pleading, exposing the facts and legal reasons as well as requests
2- Marriage certificate.
3- Identity card or civil status extract.
4- All relevant documents supporting the case.

Where is the attorney procuration in personal status lawsuits done? What's its nature? What are the fees?

The attorney procuration in personal status lawsuits is done before the religious court or the notary; it may be done at the Lebanese embassy or before a notary then certified by the Lebanese Embassy and the Ministry of Foreign Affairs if the retainer is outside Lebanon . As for the fees, they are set by the Ministry of Finance.

What is Khala'a?

It is a divorce pronounced against a substitute. The wife may give up her rights, i.e. dowry, alimony, a part of the dowry… etc.

In case the husband suffers from a psychological or mental disease, how can this be proven? What are the consequences?

The husband's psychological or mental disease may be proven by a medical report issued by a specialist appointed by the court. A detailed report is submitted and attached to the case's file. If the suit aims at placing defendant under guardianship, the judge decides in this regard against the insane husband. If the lawsuit aims at annulment on the grounds of insanity, the decision is deferred to one year. After one year, if insanity is still a valid ground and the wife insists on annulment, the judge will pronounce his decision in her favor (Art. 123 Family Rights Law).

In case of a revocable divorce, what conditions should be fulfilled before the wife gets back to her husband? And is there a waiting period for this divorce?

If a revocable divorce is initiated by the husband, and he claims that he took her back during her iddat period, his claims are accepted without any proof. In fact, the husband has the right to take his wife back without her consent as long as she's still in her iddat period and the divorce was revocable. Once the iddat period is over and he claimed that he took her back and she didn't believe him, he will have to present evidence proving that he took her back while she was still in her iddat period which is 3 menstruation cycles (Art 139)

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http://www.kafa.org.lb/ChristianCommunities.aspx

Christian Communities

Lawsuits

Is it possible to request judicial assistance? On what conditions?

Every party unable of paying its dues of charges or court expenses resulting from a lawsuit, investigation or transaction, in any court or execution department, has the right to request judicial assistance. This assistance is granted to needy Lebanese and non-Lebanese residents in Lebanon , provided that the law of their country of origin grants that same right to the Lebanese.

The judicial assistance request is submitted at the Bar Association in Beirut or Tripoli (reference to judicial assistance). (Art. 425 to 441 of the Civil Procedure Law).

What's a needy certificate?

It is a certificate issued by the priest of the parish of the plaintiff or the defendant, determining their financial situation. This certificate is presented to the religious courts in order to benefit from reduction on judicial fees..

How notifications are made in these lawsuits? What are the procedures to follow in case of impossibility of notification?

All papers and judicial decisions are delivered to the addressee in person wherever he might be, or to his representative or any other person authorized, at his domicile, or workplace, by the court usher. The notification may be also delivered within the court, through the clerk or the express mail, like in the Maronite Court . It can be also delivered through the police. In case of impossibility of notification for any reason, an exceptional notification may be issued and published in the newspapers.

What are the means of proof and evidence in these lawsuits?

All means and ways of proof may be adopted, from written documents to oral and written declaration, testimony, oath, presumptions and expert advice.

How do we retain an attorney?

An attorney is retained by a power issued at the Notary's office or drawn in the Lebanese Consulate or Embassy in the country of residence of the retainer; it can be also drawn by the Notary in the country of residence of the retainer (outside Lebanon) providing that it is ratified by the Lebanese Department of Justice, the Foreign Office, Embassy or Consulate in this country.

It is to be noted that the judicial power of attorney in the Latin Court should be a private power, drawn by the Notary and specifying the names of the different parties. In the Maronite Court , this power should be drawn in the court's office.

Custody

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What's custody age?

Custody age in force in Catholic courts is the nursing age, i.e. two years. Nevertheless, the religious court possesses the discretionary authority to decide who the guardian would be according to the minor's best interest (Art. 124 of the Catholic Community Personal Status Code). As for the Orthodox Community, the custody age is 14 years for the boy and 15 years for the girl (Art. 57 of the Orthodox Community Personal Status Code).

Custody age for the remaining Christian communities is 7 years for the boy and 9 years for the girl (Orthodox Armenian – 130 - Orthodox Syriac – 61 – Assyrian – 111).

Custody age for Evangelical Community is 7 years (for both girls and boys) (Art. 75).

When could a custody suit be filed?

The custody lawsuit in Christian communities is filed simultaneously with marriage dissolution, nullity or separation suits, in order to determine the legal guardian of the minor accordingly with the laws and the minor's best interest.

What are the cases of paternal authority loss?

The paternal authority is the father's right to his minor children's custody and guardianship. The conditions for paternal authority's loss vary according to the community under which marriage was concluded; the main condition for paternal authority's loss is the father's incapacity of assuming his children's guardianship (Art. 99 and 100 Assyrian – Art. 155 Armenian Orthodox – Art. 91 Orthodox – Art. 128 Catholic).

When does the mother lose her right to children's custody?

The conditions for the mother's loss of her children's custody vary according to the community under which marriage was concluded (Art. 125 Catholic – Art. 58 Orthodox – Art. 131 Armenian Orthodox – Art. 63 Syriac Orthodox – Art. 75 Evangelical – Art. 102 Assyrian). Among these cases, we cite:

• If the mother's physical or mental state prevents her from fulfilling the guardian's tasks.

• If following marriage dissolution or the father's death, she concluded a new marriage.

• If she provoked the cancellation of common marital life due to an offense committed by her.

• If she were disobedient or misbehaved.

What would be the position of the relevant Court in case children refuse to stay with the custodian?

The Court always considers the child's best interest, and this latter doesn't have the right to decide with whom to live. However, the Court may listen to his sayings, and it's up to it to decide with whom he would stay, provided that it takes into consideration his best interest.

How is custody decision executed?

After obtaining an executable copy of custody decision issued by the relevant religious Court, the decision is submitted to execution through the execution department within which it has been issued.

Upon filing a custody suit, to whom the minor's custody and guardianship is temporarily granted (during Court procedures)?

Upon filing a custody suit, the child remains with his caregiver. If he were with his father, he'd stay with him until the Court reaches a decision, and then he'd stay there or move to his custodian according to the decision, and the same applies if he were with his mother at that time.

What are the conditions for winning the custody case?

There are many conditions, including stipulated ones and others specific to every case apart. Mostly important:

• The child should be in the custody age allowing him to stay with the custody claimer.

• The custody claimer should fulfill all necessary requirements.

Is there an appointed time and what are the costs of a custody suit?

There is no specific appointed time for a custody suit. As for the costs, they vary from one court to another.

What's the difference between guardianship and custody?

• Guardianship: It's an effective power, resulting in legal obligations aiming at protecting minors and any other persons in need for protection. It entitles the guardian to a general procuration enabling him of managing the child or person's possessions, taking care of him, organizing his living and raising him.

• Custody: The right to raise a dependant child at a certain age, given to an eligible parent or relative.

Does abuse lead to the loss of custody right?

Children abuse is considered as one the reasons that may lead to custody right's loss, since one of the requirements of the custodian is to be trustworthy for the child's protection. Thus, if the custodian mistreats the child, this could lead to his loss of custody.

Is it necessary for me to have an income and a house in order to win my children's custody?

The custodian doesn't have to have an income in order to win her children's custody since children's alimony and custody's fees are incumbent upon the child's father. As for housing, there should be a house where the custodian mother can raise her child, but she doesn't have to own it.

In case a decision is issued by a foreign competent authority granting custody and guardianship to the mother, could this decision be executed in Lebanon ?

The decision issued by a foreign competent authority granting custody and guardianship to the mother is either based on civil marriage or even church or religious marriage which has taken place outside the Lebanese territories. The decision may be executed in Lebanon upon presenting an executable copy of it issued and signed by the relevant authority and certified by the Ministries of Justice and Foreign Affairs, as well as the Lebanese Embassy in that country, then certified by the Ministry of Foreign Affairs inside Lebanon .

If the decision to be executed is issued by a civil authority outside Lebanon , and upon completion of all certifications mentioned above, it's granted an execution mode by virtue of a call submitted to the President of the Court of Appeals in Beirut . If the decision is issued by a church authority, then the call should be submitted to the Religious Court (Art. 1009 and following articles of the Civil Procedure Law).

In case of two contradictory decisions issued by a civil authority and a religious one, which one will be executed in Lebanon ?

According to the personal status codes, priority is always given to the decision issued by a religious authority.

Alimony

I have the right to alimony during marriage? On what conditions?

If the husband is not spending on his wife, the latter has the right to request alimony from him through the relevant Court, on the following conditions:

• The contract should be sound.

• There is no verdict considering the wife as disobedient

• The husband should have declined the payment of alimony.

• Alimony suit should be filed simultaneously with a main suit, i.e. separation or marriage nullity or revocation. However, if no main suit were filed, the wife would have the right to request alimony through civil courts.

Do I have the right to request alimony during trial procedures?

The woman/wife has the right to request an immediate alimony during trial procedures, which is decided apart by the religious Court and before reaching a decision concerning the suit, i.e. separation or marriage nullity or revocation.

Do I have the right to alimony upon the issuance of separation decision?

Separation decision includes alimony in case it is requested by the wife. Alimony covers food, clothing, beverage, medical care, housing and all what women need in order to live in dignity. (Art. 126 and following articles Assyrian – Art. 47 Evangelical – Art. 67 Armenian Orthodox – Art. 53 Syriac Orthodox – Art. 153 Catholic – Art. 48 Orthodox).

Do I have the right to alimony upon issuance of marriage nullity, divorce or marriage revocation decision?

Upon the issuance of marriage nullity or revocation or divorce decision, and upon the dissolution of marriage contract, no alimony is due on the husband to pay the wife. The latter has the right to request compensation in case the husband was held responsible for marriage dissolution. It is to be noted here that would the religious Court decide granting the wife children's custody and guardianship, the husband should pay his children's expenses in spite of marriage nullity or revocation.

Is there any criterion adopted by the relevant court in order to calculate alimony value? Is there any minimum value?

There isn't any criterion adopted by the Court in order to calculate alimony, and there isn't any minimum value either. The husband's monthly income as well as the wife's economic activity and children's number are taken into consideration (Art. 143 Catholic – Art. 122 and following articles Assyrian).

How is alimony decision executed?

After obtaining an executable copy of alimony decision issued by the relevant Court, the decision is executed through the execution department within which it has been issued. It is to be noted that the request of execution is exempt of all fees at execution department.

Does the husband have the right to request alimony from me?

The wife's alimony is usually due on the husband to pay. However, and exceptionally, it can be imposed on the wife to pay to her husband (Art. 140 Catholic – Art. 52 Syriac Orthodox).

Does the relevant Court have the right to interfere and stop the execution of its alimony decision?

The religious Courts have absolutely no right to stop the execution of any decision previously issued by them.

How is a husband's ability to pay alimony proven?

The husband's ability is proven through all the means, including testimonial evidence, the husband's declaration in an official statement, income statement, presumptions and other evidences that may be considered by the Court as proofs on the husband's ability to pay alimony.

Do I have the right to request alimony from my husband through penal Courts?

Yes, the wife has the right to request alimony from her husband through penal Courts, as accordingly with art. 501 and 502 of the Penal Code.

Do I have the right to request subsistence alimony from my children?

When the wife loses her husband, she has the right to request subsistence alimony form her children (Art. 175 Catholic – Art. 53 Orthodox – Art. 133 Armenian Orthodox – Art. 79 Syriac Orthodox – Art. 136 Assyrian).

How is alimony decision executed, and through what Court? What are the fees? And how are the notifications delivered?

Alimony decision is executed by the execution department in the Civil Court , and it's exempt of fees. As for notifications, they may be directly delivered by the execution department, through policemen or by exceptional notification in case the husband's residence is unknown.

Is it possible to confiscate the husband's possessions based on the alimony decision?

The wife has the right to request the confiscation of her husband's possessions based on alimony suit. Her request should be submitted to the President of execution department regardless of the nature of possessions (movables or immovables). She also has the right to confiscate a part of her husband's monthly salary (Art. 857 and following articles of the Civil Procedure Law).

What does the alimony cover?

The alimony covers all what a person needs in order to live in dignity, including: food, clothing and housing for all; medical care for the sick; care for the unable and education and care for children.

In case my husband refuses to pay the already decided alimony for me and my children, would I have the right to request a detention order? How?

In case the husband refuses to pay his wife the decided alimony in spite of the warning notification delivered to him by the execution department, the wife would have the right to request a detention order, accordingly to the art. 997 of the Civil Procedure Law).

Can I confiscate my husband's salary, movables or car in case he refuses to pay the alimony?

Upon the issuance of an alimony decision, it is executed at the execution department which has the right to execute the decision by any possible means, and to confiscate the equivalent of the alimony value from the husband's salary (Art. 863 of Civil Procedure Law).

Travel prohibition

How can I request a travel prohibition order, and from which Court? What's the time period for this decision?

Every concerned party has the right to request a travel prohibition order from the same Court which looked into the main suit. The decision of pressing execution is issued by the revision chamber.

Does the court have the right to revoke the travel prohibition order? On what conditions?

The court has the right to revoke a travel prohibition order issued according to the request of the party who originally requested it, or according to the request of the person against whom it has been pronounced, in case its grounds cease to exist, the requesting party agreed to it, or he assigns a bank guarantee for the benefit of the requesting party in case of alimony suits.

Is it allowed for a minor to travel without the consent of both the father and mother? Or would it be enough to have the consent of just one of them?

A minor cannot travel without his father or his mother's consent. However, if the father wants him to travel, and he was above the mother's custody age, he'd be allowed to travel without the mother's consent. If he was in the custody of the mother, then he should have the mother's consent and approval in order to be able to accompany the father.

Children's Abduction

What's the difference between the abduction and non referral of the minor?

Abduction is when the minor is taken away from the authority of his custodian or guardian. Non referral of a minor is when someone refuses or delays the minor's referral to his custodian (Art. 595 and 496 of the Penal Code).

How are abduction and non referral punished?

Abduction is punished by three years of detention and a fine ranging between 50.000 and 200.000 LBP. If the minor hasn't completed 12 years, or wasn't abducted by trick or force, the sanction would be temporary hard labor (Art. 495 of the Penal Code). As for the non referral of a minor below 18 years, it's sanctioned by 3 months to 2 years of detention and a fine of 50 to 200 thousand LBP.

Do I have the right to file a penal suit against my husband in case he refuses referring my son or my daughter to me according to custody decision?

Yes, the wife has the right to file a penal suit against the husband according to the articles 495 and 496 of the Penal Code. This complaint is filed either before the appeal prosecution or the investigating magistrate or directly before the penal district judge.

In case my husband abducted my children and ran away outside the country, what would be the judicial measures that I can take?

In this case, the wife can bring about a decision from the relevant penal court in Lebanon . And the decision may be executed in the husband's country of residence, providing that there is a sentence execution agreement between Lebanon and that country.

Visitation and accommodation rights

What's the difference between visitation and accommodation?

- Visitation consists of s eeing the minor child who would be with his custodian, be it his mother or father, in a place chosen by the Court, or agreed on between both spouses.

- Accommodation is when one of the parents takes the minor child for a certain period of time set by the Court, and that could be 24 hours or less.

When is the request for visitation or accommodation submitted?

This request is often submitted during the trial process, in case the parents couldn't reach consent in this regard.

Is there any specific place for visitation?

The parents may agree on the visitation place, and choose it at their own convenience. But in case they disagree, the minor's best interest is then taken into consideration, and his place of residency is often chosen, or the diocese or any place chosen by the religious Court.

Is it possible to request the division of visitation time equally between me and my husband during official holidays?

Yes, it is possible, and the Court makes a decision in this regard, taking into consideration the minor's best interest.

Is the custodian or guardian supposed to be present during visitation time?

No, he's not supposed to be present during visitation time.

Could visitation take place outside the Lebanese territories?

Yes it could in case the litigant parties agree on that; otherwise, no, it's not possible to execute the visitation decision outside Lebanon .

What if the children refuse visiting one of the parents?

The decision is left to the Court's judgment. If it can be sure that the children themselves refuse to see one of their parents, then nobody forces them to do so. But if a certain person is preventing them, be it one of the parents or a relative or any third party, then the Court has the right to pronounce a decision against the defendant in order to enable the claimer of seeing the children.

How is visitation decision executed?

This decision is implemented through the execution department of its issuance.

Does my custodian husband have the right to prevent me from seeing the children at school?

In case the visitation decision was issued without including a permit to let the mother see her children at school, the custodian would have the right to prevent her from seeing them there.

Is it possible to appoint a psychiatrist to examine the children in case they refuse to see one of the parents in order to be sure that they haven't been subjected to any kind of pressure?

The Court may decide in this regard in case it seems necessary.

What can I do in case I am subjected to any kind of physical or verbal violence during visitation?

In case the visitation requester was subjected to physical or verbal violence, he can turn to all legal procedures in penal prosecution against the aggressor.

Separation

What are the separation's conditions and consequences?

Separation may happen due to many reasons, namely:

- In case one of the spouses jeopardized his partner's or children's life, or embittered it to a great extent, the head of the local church may give the harmed party the legal right to separation, or the latter may even opt for separation in case it's dangerous to wait for the official decision. (Law 864, Oriental Churches Laws) – (Art. 51, Syriac Orthodox – Art. 47, Evangelical).

- Adultery is one of the reasons that lead to separation in catholic communities (according to the stipulation of the Law 863 of the Oriental Churches Laws). It considers in the third paragraph that if the innocent spouse chooses to revoke marital life, he should file for a separation suit within six months before the relevant authority (Art. 50/3 Orthodox Syrian)

- The Court, according to its own discretion, and within a deadline that doesn't exceed three years, may decide on separation even if it's not requested to do so (Art. 46 Orthodox).

- If the husband exposes his wife to corruption, be it on the moral or religious level (Art. 50, Syriac Orthodox).

- The Court relies in its verdict on the following factors:

* Daily disputes.

* Big differences.

* Impossibility of common life, even temporarily.

* Danger facing one of the spouses because of the other (Art. 47, Orthodox).

As for the results of separation, they include the husband's commitment to pay alimony to his wife and children, as well as providing adequate housing or equivalent fees to his wife and children during the separation period. In case he refuses to fulfill this obligation, the Court orders him to leave the marital house and keep the wife in it so that she may live there with the children unless she was the one who caused separation (Art 50 / Orthodox – Art. 47/ Evangelical).

< In case the wife was responsible for separation, the husband only pays his children's alimony if they were in her custody. (Art. 67 / Armenian Orthodox).

< In case the wife was the aggressor and was sentenced with separation because of her aggression, she would have no right to alimony or to request having intercourse with her husband during the separation period (Art. 51 / Syriac Orthodox).

< In case the Court had proof of the wife's violation of marital duties, she can be charged with paying monthly alimony to her husband estimated at the equivalent of a maid's monthly salary (Art. 52 / Syriac Orthodox).

< In case of separation of spouses, all obligations should be fully respected to ensure the children's subsistence and rearing.

In case my husband abandoned me for a certain period, do I have the right to ask for marriage revocation?

Yes, a request to revoke marriage may be submitted in case the husband neglected his wife for a period of three successive years, whether he was absent or present in his place of residency (Art. 67/D Orthodox – Art. 39/E Evangelical).

In case of the husband's absence and inability to know his place of residency after five years at least, and after proving this to the Court, unless due to exceptional coercive circumstances, it is up to the Court to decide on the verdict (Art. 39 / Evangelical).

Do I have the right to alimony in case my husband abandons me?

Yes, the wife has the right to alimony upon the issuance of the abandonment decision; this alimony includes food, clothing and medical care, as well as education and rearing for children in case their guardianship was entitled to the mother (Art. 126 and following articles Assyrian – Art. 47 Evangelical – Art. 67 Armenian Orthodox – Art. 53 Syriac Orthodox – Art. 153 Catholic – Art. 48 Orthodox).

Can I keep my children during the abandonment period?

Usually, children's custody is entitled to the party who was taking care of them at the time of abandonment suit. Upon the issuance of the abandonment decision, the religious Court decides to whom custody or guardianship should be granted. Nevertheless, and all along the abandonment suit, both spouses have the right to request to view or accompany the minor.

Do I have the right to sign an agreement between me and my husband related to the abandonment's conditions?

Yes, such an agreement could be signed; it includes alimony, the minors' guardianship, as well as visitation rights. However, this agreement doesn't become valid until it is certified by the relevant religious court.

Leaving the marital home

Do I have the right to leave the marital home? Can I take my children with me? Do I have to file for a suit or submit a complaint?

In case marital life between the spouses becomes intolerable or in case the husband jeopardizes his wife's life or threatens to kill or harm her and his threats were serious, the wife has the right to leave the marital home, and she can take her children with her. It is preferable, and even a must to submit a penal complaint in case the husband commits any penal action, or file for abandonment or revocation suit before the relevant religious Court, or submit a complaint before the diocese within which the wedding was concluded.

Does my husband have the right to fire me from the marital home? Does he have the right to change the lock?

The husband does not have the right to fire his wife from the marital home for any reason; neither does he have the right to change the lock.

In case I owned the marital house, do I have the right to change the lock?

In case the marital house is owned by the wife, she has the right to fire the husband from it and change the lock when there is any disagreement or dispute between them and a complaint or lawsuit before relevant authorities.

Divorce / Revocation / Nullity

What is the duration of the period of iddat after divorce?

- The period of iddat of a divorced woman or a widow is 4 months, unless it has been medically proven that she's not pregnant (Art. 76 Orthodox – Art. 148 Assyrian).

- Three hundred days starting from the date of death, or revocation or nullity, and it is possible to shorten this period if it is proven that the woman is not pregnant.

- The divorced spouse may not remarry unless according to a decision emanating from the Court which pronounced the divorce, and this 5 years after the divorce decision becomes conclusive and after calling for the community's legal representative and upon hearing his defense as a necessary third party (Art. 44 Evangelical).

what's the necessary period for a Court to pronounce a divorce, nullity or revocation decision?

There is no specific period to decide about any religious lawsuit. Each lawsuit differs from the other with regards to its facts, evidences and proofs.

What are the woman's rights when she's filing for divorce, nullity or revocation?

The woman's rights when filing for any religious lawsuit include the request of advanced alimony, travel prohibition for the husband with the children, visitation rights of a minor in case the latter is in the father's guardianship.

what are the conditions for filing for divorce, nullity or revocation? what are the conditions for filing for divorce, nullity or revocation?

When filing for any divorce, nullity or revocation suit, the marital contract should be valid, the suit should be filed before the relevant religious court and conforming to one of the stipulated articles.

What are the fees of filing for nullity, revocation or divorce?

The fees vary from one community to another (Table).

What are the evidences which can be adopted during a revocation, nullity or divorce suit?

The evidences that can be used by the court are personal statements (witnesses), evidences, official documents, or medical reports issued by an expert practitioner appointed by the court.

What are the documents required to file for nullity / revocation/ divorce?

Y1- A pleading, exposing the facts and legal reasons as well as requests.

2- Marriage certificate.

3- Family civil status extract.

4- All relevant documents supporting the case.

5- An attorney procuration if any.

Where is the attorney procuration in personal status lawsuits done? What's its nature? What are the fees?

The attorney procuration in personal status lawsuits is done before the notary, before the Lebanese embassy or Consulate outside Lebanon except for the Maronite Court where the procuration is done before the court's office upon presenting an honorarium agreement as well as the signature on the request of the pleading authorization.

As for the fees they are 35.000 LBP for the Maronite Court , and 50.000 LBP for the general procuration and 35.000 LBP for the special procuration done before a notary.

In case the husband suffers from a psychological or mental disease, how can this be proven? What are the consequences?

The husband's psychological or mental disease may be proven by medical experience (through a practitioner appointed by the court in order to examine the husband or both spouses). In case it is proven that the husband was suffering from a psychological disease at the time of marriage, marriage can be cancelled.

Impediments to marriage

What are the impediments to marriage?

- Age.
- Impotency.
- Betrothal.
- Difference of worship.
- Sacred orders.
- Vows.
- Abduction.
- Crime.
- Kinship.
- Affinity.
- Public decorum.
- Spiritual Relationship.
- Legal relationship by adoption and custody.
- The iddat
- Tuberculosis and contagious and congenital diseases.

In addition to other impediments included in Art. 11 Syriac Orthodox, Art. 800-812 Oriental Catholic Churches Laws, Art. 17 Orthodox, 9-13 Druze, 27-33 Assyrian, Art. 24 Evangelical.

Cohabitation in the Marital Home

Does my husband have the right to file for cohabitation or recall me to Bayt Al Ta'a (house of obedience)?

The personal status law gives the husband the right to file for cohabitation in order to oblige the wife to live with him. The wife is supposed to live with her husband and follow him wherever he finds it suitable (Art. 47 Armenian Orthodox).

Do I have the right to file for cohabitation against my husband?

The wife has the right to file for cohabitation against her husband on the basis of equal rights and obligations between spouses with regards to common marital life (Art. 777 Oriental Catholic Churches Laws).

In case a decision obliging me to return to the marital home was issued and I refused to abide by it, what may be the consequences?

In case a decision was issued obliging the wife to go back to the marital home and she refused to do so, she would be considered as disobedient, and consequently looses her right to alimony. She cannot request alimony as long as she is disobedient.

What does “disobedient” woman mean, and does she have any rights?

A disobedient woman is the one who disobeys her husband and refuses to live with him without any justifiable reason. She doesn't have the right to alimony as long as she stays disobedient.

Does my husband have the right to execute the cohabitation decision and oblige me to go back to the marital home through the police?

The husband does not have the right to oblige his wife to abide by the cohabitation decision through the police. However, the court gives him an executable copy of the decision. The wife who refuses to abide by the cohabitation order is considered as disobedient and looses all her rights with regards to alimony and custody.

Inheritance

Inheritance in case of difference of worship:

The difference of worship is not an impediment to inheritance, unless the inheritor is subject to stipulations preventing inheritance because of difference of worship (Art. 9 – Inheritance law for non-Mohammedans).

Inheritance in case of difference of nationality:

The difference of nationality does not prevent the inheritance between the Lebanese and non-Lebanese, unless the foreign laws prohibit bequeathing the Lebanese. In case the foreign laws limit the right to inheritance, then the non-Lebanese only inherits the Lebanese by what was granted for the Lebanese by the foreign laws (Art. 8 – Inheritance law for non-Mohammedans).

When is the inheritor deprived of inheritance?

The inheritor is deprived of his inheritance when:

- he intentionally murders the diseased person or one of his descendants, ascendants or spouse, or intervenes in the murder.

- he makes a false accusation against the inherited person for a crime sentenced by death penalty, unless this latter pardons him in written (Art. 10 - Inheritance law for non-Mohammedans).

Inheritance among Druze:

Inheritance matters among Druze are settled in accordance to the stipulations of the legal obligations except for those related to depriving the diseased descendant. In case of the death of the descendant before his inherited, his descendants take his place and inherit his exact share (Art. 169 – Druze).

The will

Foreign testacy:

Foreign testacy is not valid unless the legislations of this foreign country admit the Lebanese testacy, and as much as they permit it (Art. 44 - Inheritance law for non-Mohammedans).

The will shares:

- The descendants share is 50% of the total of movables and immovables (Art. 59 - Inheritance law for non-Mohammedans).

- The share of the spouse if still alive is 30% (Art 60 - Inheritance law for non-Mohammedans).

- The parents share is 30%, equally divided. The parent who's still alive has the right to the whole share (Art. 61 - Inheritance law for non-Mohammedans).

- If the diseased leaves descendants, a spouse and parents or one of the parents, the share of descendants would be 30%, 10% for the spouse and 10% for the parent/s (Art. 62 - Inheritance law for non-Mohammedans).

- If the diseased leaves descendants, a spouse or parents or one of the parents, the share of descendants would be 40% and 10% for the spouse or the parent/s (Art. 63 - Inheritance law for non-Mohammedans).

- In case the testator dies without any descendant, leaving a wife with parents or one of them, the spouse's share would be 20% and 15% for the father and 15% for the mother (Art. 64 - Inheritance law for non-Mohammedans).

Engagement

Are there any conditions for engagement:

The conditions for engagement:

- Both fiancés should be discerning and free to make their choice.

- The absence of any impediment to marriage (Art. 28 Catholic).

- To submit identity documents as well as a christening certificate, a marriage license issued by the religious authority and a medical certificate accordingly to the civil laws (Art. 5 Orthodox).

- The engagement period should not exceed one year. This period may be decided by mutual consent (Art. 3 Evangelical). The legal engagement period should not exceed two years unless it's been agreed differently in the contract or if renewed by mutual consent (Art. 30 Catholic).

What is a church engagement? Is there any compensation due after the engagement revocation?

The church engagement is the engagement concluded during a religious ceremony done by a priest. In case of the religious engagement revocation, the damaged party has the right to turn to the religious court and request indemnities compensation. The religious courts are authorized to look into these cases according to the art. 2 / 2 April 1951 law. In case of the ordinary engagement revocation, the damaged party has the right to turn to the civil court provided that that moral and physical damages can be proved.

What are the reasons of the engagement revocation?

Some of the common reasons among the different communities that may lead to the engagement revocation include:

- Mutual consent.
- Death of one of the parties.
- Impediments to marriage.
- Choosing to take vows by one of the parties.
- Marriage of one of the parties.
- The end of the legal engagement period.
- The fulfillment of the revocation condition.
- Commitment of a crime or moral or religious contravention by one of the fiancés. (Art. 32 Catholic – Art 7 Orthodox – Art. 10 Assyrian – Art. 8 Armenian Orthodox – Art. 12 Syriac Orthodox – Art. 15 Evangelical).

Should the gifts be returned in case of engagement revocation?

Upon the engagement revocation, each of the fiancés or their inheritors should return to the other party or his inheritors all gifts that were offered during the engagement in case they are still available or their substitute value if they have been worn out.

Marriage

I have the right to get married without my parents consent?

For the minor: The personal status laws set the age of marriage for both males and females. Minors should seek their parents consent.

For the adult: Parents' consent is not required. But both spouses should be eligible and consenting.

Do I have the right to include a special condition in the marriage contract?

The Christian marriage is a sacrament and is not based on conditions at the risk of the marriage nullity.

Does the Lebanese wife have the right to give her nationality to her husband and/or children?

Lebanese women do not give their nationality to their husbands. The Lebanese mother does not give her child her nationality neither unless he was illegitimate (Art. 2, decision 15/1925).

Are there any special measures that should be taken before marrying a military officer?

The military officer wishing to get married should get a marriage license from his chiefs.

I have the right to marry a non-Christian?

The Catholic Church does not permit the marriage of Catholics with non-Christians unless upon a clearance of the impediment of difference of worship (Art. 804 Oriental Catholic Churches Laws).

Before which authority a mixed marriage is concluded?

The mixed marriage (Christian and Muslim) may be civil marriage, concluded abroad.

It may also be religious before the Catholic Church, after getting the required clearance from the archbishop. The non-Christian party should give written guarantees called “legal guarantees” that are included in the clearance request, such as:
1- Respect of the Catholic Church laws and the abidance of the marriage contract to these laws.
2- Respect the other spouse's beliefs and not hindering his worship practices.
3- Consent to have the children receive Christian Catholic teachings as well as undergo religious practices such as christening and other sacraments (Art. 804 and the following articles Oriental Catholic Churches Laws).

In case there is any dispute between me and my husband, what would be the relevant authority to turn to?

The relevant authority to decide on the dispute is the one that concluded the marriage.

Are there any conditions that should be satisfied in case of marrying a man adhering to different community?

In this case, there should be a prior permit from the relevant authority and some conditions related to religious teachings should be guaranteed (Art. 813 – 814 Oriental Catholic Churches Laws). (Art. 20 and 21 Orthodox).

Is civil marriage that's concluded outside Lebanon registered before the Lebanese Personal Status departments? Which court would be relevant to decide on any dispute that may arise between the spouses?

The civil marriage concluded outside Lebanon is registered before the Personal Status departments through the Lebanese embassy in the country where the marriage was concluded. In case of any dispute between the spouses, the relevant court to decide on it is the civil court in Lebanon ( Beirut ) which applies the laws of the State where the civil marriage was concluded.

If the civil marriage was followed by a religious marriage, which one would have the priority in Lebanon ?

The Lebanese regime is based on the religious laws. Thus, decisions taken by the religious courts have the priority over those issued by civil authorities.

Should divorce be civil and religious, or would one of them be enough?

Both divorces should take place, since every marriage has its own consequences.

what are the measures to be taken before marriage?

Some documents are required and are all joined in one file that's kept in the relevant department in every diocese, including:

1 - Marriage license.
2- Birth and christening certificates.
3- Banns.
4- Medical certificate.
5- Moral readiness for marriage.

What's the difference between the dowry, ‘Arboun and the trousseau?

Dowry: all what the future husband offers to the woman in order to marry her and becomes the woman's property after marriage is concluded (Art. 40 Catholic – Art. 42 Syriac Orthodox).

‘Arboun: the engagement ring.

Trousseau: every movable brought by the wife to her husband, or what her parents and others offer on the occasion of the marriage and in order to contribute to its burdens.