WUNRN
KAFA - Lebanon - Enough Violence
& Exploitation - http://www.kafa.org.lb/AboutUs.aspx
LEBANON - KAFA - LEGAL RIGHTS OF
WOMEN - MUSLIM & CHRISTIAN
Muslim Communities
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Are
there any conditions for engagement: |
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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. |
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Is
there any compensation due after the engagement revocation? |
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No,
there isn't any compensation due after the engagement revocation unless there
is a prior condition. |
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Should
the gifts be returned in case of engagement revocation? |
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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. |
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Is
there a specific period for the Dukhla (consummation of marriage)? |
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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. |
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Will
the woman be considered as divorced if the marriage contract was annulled? |
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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. |
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Does
the man have the right to refuse the divorce even if there hasn't been a
“Dukhla” (consummation of marriage)? |
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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. |
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Are
there any consequences resulting from the divorce taking place before the
dukhla with regards to indemnities? |
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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. |
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Do
I have the right to get married without my parents consent? Minor - Major |
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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. |
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Do
I have the right to include a special condition in the marriage contract? |
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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. |
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What
are the documents required for marriage? |
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1
– A recent civil status extract (less than 3 months) for both spouses. |
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What
are the conditions which should be fulfilled in each of the spouses upon the
marriage contract conclusion? |
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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 |
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Do
I have the right to marry a Muslim or a Christian? Are there any specific
conditions for that? |
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It
is absolutely not permitted for a Muslim woman to marry a non-Muslim |
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Before
which authority a mixed marriage is concluded? |
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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. |
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In
case there is any dispute between me and my husband, what would be the
relevant authority to turn to? |
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The
relevant authority to decide on the dispute is the one that concluded or
certified the marriage. |
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Are
there any conditions for marrying a man from another community? |
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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. |
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Can
I have the right to initiate divorce (isma)? |
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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. |
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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? |
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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. |
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If
the civil marriage was followed by a religious marriage, which one would have
the priority in Lebanon ? |
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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. |
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Should
divorce be civil and religious, or would one of them be enough? |
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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. |
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Are
there any conditions for polygamy in the permanent marriage? |
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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”. |
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What
is the minimum age for marriage? |
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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 |
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What's
the difference between the dowry and the ‘Arboun? |
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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. |
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Annulment:
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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. |
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Termination:
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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. |
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Nullity:
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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. |
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Divorce:
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The
divorce leads to the dissolution of the marriage contract signed by one of
three persons: |
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Impediments
to marriage: |
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The
impediments are of two types: genealogical and causal impediments. |
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Abandonment:
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There
is no abandonment in the Jaafari School . |
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Do
I have the right to leave the marital home? Can I take my children with me? |
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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. |
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Do
I have to file for a suit before the religious court and/or a penal suit? |
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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. |
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Does
my husband have the right to get me out of the marital home? Does he have the
right to change the lock? |
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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. . |
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In
case I owned the marital house, do I have the right to change the lock? |
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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. |
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What's
custody age? |
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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. |
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When
could a custody suit be filed? |
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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. |
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What
are the cases of paternal authority loss? |
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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. |
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When
does the mother lose her right to children's custody? |
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When
she's unable to secure their safety and rearing. |
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What
would be the position of the relevant Court in case children refuse to stay
with the custodian? |
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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.
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How
is custody decision executed? |
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The
custody decision is submitted to execution through the execution department. |
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Upon
filing a custody suit, to whom the minor's custody and guardianship is
temporarily granted (during the Court procedures)? |
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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. |
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What
are the conditions for winning the custody case? |
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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. |
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Is
there an appointed time and what are the costs of a custody suit? |
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The
appointed time is subject to the legal terms and the court's schedule. As for
the costs, they are set by the law. |
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What's
the difference between guardianship and custody? |
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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. |
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Does
abuse lead to the loss of the father's custody right? |
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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. |
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Is
it necessary for me to have an income and a house in order to win my
children's custody? |
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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. |
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Who
would be granted my children's custody in case their father is not competent
to fulfill it? |
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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. |
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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) |
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The
decision issued by a foreign competent authority would be executable upon
giving it the execution form by the relevant authority. |
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In
case of two contradictory decisions issued by a civil authority and a
religious one, which one will be executed in Lebanon ? |
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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. |
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Do
I have the right to alimony during marriage? On what conditions? |
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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. |
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Do
I have the right to request alimony during trial procedures? |
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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. |
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Do
I have the right to alimony upon the issuance of separation decision? |
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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. |
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Do
I have the right to alimony upon issuance of marriage nullity, divorce or
marriage revocation decision? |
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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. |
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Is
there any criterion adopted by the relevant court in order to calculate
alimony value? Is there any minimum value? |
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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.
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How
is alimony decision executed? |
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Before
the execution department |
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Does
the husband have the right to request alimony from me? |
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The
husband has no right to any alimony from his wife. |
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Does
the relevant Court have the right to interfere and stop the execution of its
alimony decision? |
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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. |
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How
is a husband's ability to pay alimony proven? |
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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. |
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Do
I have the right to request alimony from my husband through penal Courts? |
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No,
because the penal court does not have the authority to look into alimony
issues. |
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Do
I have the right to request subsistence alimony from my children? |
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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. |
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How
is alimony decision executed, and through what Court? What are the fees? And
how are the notifications delivered? |
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Please
refer to the answer to the question 6 of this section. Alimony cases are
exempt from fees. |
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Is
it possible to confiscate the husband's possessions based on the alimony
decision? |
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It
is possible to confiscate the husband's possessions within the legal norms
set by the court or upon which alimony decision is based. |
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What
does the alimony cover? |
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The
alimony covers in general food, clothing, housing and medical care. The
wife's alimony also includes furniture and personal necessities common to
women. |
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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? |
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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. |
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Can
I confiscate my husband's salary, movables or car in case he refuses to pay
the alimony? |
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Please
refer to the answer to question 13 of this section. |
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How
can I request a travel prohibition order, and from which Court? What's the
time period for this decision? |
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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. |
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Does
the court have the right to revoke the travel prohibition order? On what
conditions? |
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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. |
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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? |
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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. |
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What's
the difference between the abduction and non referral of the minor? |
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The
abduction of a minor may happen in two cases: |
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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? |
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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. |
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What's
the difference between visitation and accommodation? |
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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. |
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Are
they allowed? And what is the duration set for a child accommodation? |
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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. |
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When
is the request for visitation or accommodation submitted? |
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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. |
||||||||
|
||||||||
|
||||||||
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. |
||||||||
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
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: |
||||||||
|
||||||||
|
||||||||
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. |
||||||||
|
||||||||
|
||||||||
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). |
||||||||
|
||||||||
|
||||||||
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. |
||||||||
|
||||||||
|
||||||||
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). |
||||||||
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. |
||||||||
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) |
||||||||
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. |
||||||||
|
||||||||
|
||||||||
What
are the different types of divorce? |
||||||||
-
Annulment |
||||||||
Impediments
to marriage: |
||||||||
Please
refer to the articles 13 to 19 Family Rights law, and the articles 20 to 32..
|
||||||||
|
||||||||
|
||||||||
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). |
||||||||
|
||||||||
|
||||||||
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: |
||||||||
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 |
||||||||
|
||||||||
|
||||||||
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: |
||||||||
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. |
||||||||
|
||||||||
|
||||||||
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). |
||||||||
|
||||||||
|
||||||||
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). |
||||||||
|
||||||||
|
||||||||
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
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 |
||||||||
All
communities: the shares are specifically set. |
||||||||
|
||||||||
|
||||||||
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. |
||||||||
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 |
||||||||
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) ____________________________________________________________________________________________ |
Christian Communities
|
|||
|
|||
|
|||
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. |
|||
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. |
|||
|
|||
|
|||
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). |
|||
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: |
|||
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: |
|||
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. |
|||
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 . |
|||
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. |
|||
|
|||
|
|||
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: |
|||
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). |
|||
|
|||
|
|||
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. |
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What's
the difference between the abduction and non referral of the minor? |
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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). |
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How
are abduction and non referral punished? |
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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. |
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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? |
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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. |
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In
case my husband abducted my children and ran away outside the country, what
would be the judicial measures that I can take? |
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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. |
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What's
the difference between visitation and accommodation? |
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-
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. |
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When
is the request for visitation or accommodation submitted? |
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This
request is often submitted during the trial process, in case the parents
couldn't reach consent in this regard. |
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Is
there any specific place for visitation? |
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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. |
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Is
it possible to request the division of visitation time equally between me and
my husband during official holidays? |
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Yes,
it is possible, and the Court makes a decision in this regard, taking into
consideration the minor's best interest. |
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Is
the custodian or guardian supposed to be present during visitation time? |
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No,
he's not supposed to be present during visitation time. |
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Could
visitation take place outside the Lebanese territories? |
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Yes
it could in case the litigant parties agree on that; otherwise, no, it's not
possible to execute the visitation decision outside Lebanon . |
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What
if the children refuse visiting one of the parents? |
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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. |
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How
is visitation decision executed? |
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This
decision is implemented through the execution department of its issuance. |
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Does
my custodian husband have the right to prevent me from seeing the children at
school? |
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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. |
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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? |
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The
Court may decide in this regard in case it seems necessary. |
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What
can I do in case I am subjected to any kind of physical or verbal violence
during visitation? |
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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. |
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What
are the separation's conditions and consequences? |
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Separation
may happen due to many reasons, namely: |
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In
case my husband abandoned me for a certain period, do I have the right to ask
for marriage revocation? |
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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). |
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Do
I have the right to alimony in case my husband abandons me? |
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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). |
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Can
I keep my children during the abandonment period? |
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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. |
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Do
I have the right to sign an agreement between me and my husband related to
the abandonment's conditions? |
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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. |
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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? |
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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.
|
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Does
my husband have the right to fire me from the marital home? Does he have the
right to change the lock? |
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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. |
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In
case I owned the marital house, do I have the right to change the lock? |
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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. |
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What
is the duration of the period of iddat after divorce? |
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-
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). |
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what's
the necessary period for a Court to pronounce a divorce, nullity or
revocation decision? |
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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. |
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What
are the woman's rights when she's filing for divorce, nullity or revocation? |
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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. |
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what
are the conditions for filing for divorce, nullity or revocation? what are
the conditions for filing for divorce, nullity or revocation? |
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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. |
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What
are the fees of filing for nullity, revocation or divorce? |
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The
fees vary from one community to another (Table). |
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What
are the evidences which can be adopted during a revocation, nullity or
divorce suit? |
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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. |
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What
are the documents required to file for nullity / revocation/ divorce? |
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Y1-
A pleading, exposing the facts and legal reasons as well as requests. |
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Where
is the attorney procuration in personal status lawsuits done? What's its
nature? What are the fees? |
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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. |
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In
case the husband suffers from a psychological or mental disease, how can this
be proven? What are the consequences? |
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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. |
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What
are the impediments to marriage? |
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-
Age. |
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Does
my husband have the right to file for cohabitation or recall me to Bayt Al
Ta'a (house of obedience)? |
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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). |
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Do
I have the right to file for cohabitation against my husband? |
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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). |
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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? |
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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. |
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What
does “disobedient” woman mean, and does she have any rights? |
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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. |
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Does
my husband have the right to execute the cohabitation decision and oblige me
to go back to the marital home through the police? |
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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. |
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Inheritance
in case of difference of worship: |
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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). |
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Inheritance
in case of difference of nationality: |
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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). |
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When
is the inheritor deprived of inheritance? |
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The
inheritor is deprived of his inheritance when: |
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Inheritance
among Druze: |
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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). |
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Foreign
testacy: |
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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). |
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The
will shares: |
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-
The descendants share is 50% of the total of movables and immovables (Art. 59
- Inheritance law for non-Mohammedans). |
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Are
there any conditions for engagement: |
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The
conditions for engagement: |
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What
is a church engagement? Is there any compensation due after the engagement
revocation? |
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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. |
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What
are the reasons of the engagement revocation? |
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Some
of the common reasons among the different communities that may lead to the
engagement revocation include: |
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Should
the gifts be returned in case of engagement revocation? |
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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. |
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I
have the right to get married without my parents consent? |
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For
the minor: The personal status laws set the age of marriage for both males
and females. Minors should seek their parents consent. |
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Do
I have the right to include a special condition in the marriage contract? |
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The
Christian marriage is a sacrament and is not based on conditions at the risk
of the marriage nullity. |
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Does
the Lebanese wife have the right to give her nationality to her husband
and/or children? |
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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). |
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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. |
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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). |
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Before
which authority a mixed marriage is concluded? |
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The
mixed marriage (Christian and Muslim) may be civil marriage, concluded
abroad. |
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In
case there is any dispute between me and my husband, what would be the
relevant authority to turn to? |
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The
relevant authority to decide on the dispute is the one that concluded the
marriage. |
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Are
there any conditions that should be satisfied in case of marrying a man
adhering to different community? |
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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). |
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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? |
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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. |
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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. |
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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. |
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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: |
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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). |
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