WUNRN
LEBANON - WOMEN CALL FOR SECULAR VS.
RELIGIOUS LAWS & COURTS
Demonstrating for
equal citizenship and equal rights for men and women in
Photo: Jenny Gustafsson/IRIN
“As a women, I am not equal to my brother, husband or male friend," Rita
Chemaly, a researcher and women’s activist in the capital
Lebanon has a system that allocates political power through quotas for all
officially recognized religious sects. Three religions are officially
recognized including the Christian faith, Islam and the Jewish faith. Within
these are at least 16 sects, namely Sunni, Shia, Alawi, Druze, Ismaili,
Maronite, Greek Orthodox, Syriac Orthodox, Syriac Catholic, Melkite Catholic,
Nestourian (Assyrian Orthodox), Caledonian, Latin, Evangelist, Coptic and
Jewish confessions.
While the constitution stipulates that “all Lebanese are equal before the law
and...without discrimination enjoy civil and political rights”, the country
lacks a legal system that grants equal rights and obligations to all citizens.
For example, personal and family matters are handled through religious laws and
courts, varying from one sect to the other.
Druze, Shiite and Sunni lawmakers interpret Islamic Shariah law differently,
while Christian communities apply different versions of canon law. Across the
board, many laws and practices do not treat women and men equally.
Parliamentary seats, too, are allocated on the basis of religion, with the
highest political positions reserved for candidates from specific sects.
"How can a religious authority protect my rights? They are priests and
sheikhs, not policemen,” said Chemaly. "We need an equal citizenship, and
equality between men and women. Right now, we don’t have that. I’m not a full
citizen in my own country.”
Demo for a secular Lebanon
The demands peaked on 20 March, when an estimated 30,000 men and women took
part in a Beirut protest. This was
the largest of a number of demonstrations calling for a secular Lebanon.
“I feel insulted by this," Micheline, a student told IRIN. "The idea
is that I don’t have the same capacity as men. The different religious
legislations discriminate against women without exception. The real problem is
the religious authorities. This is where the power lies. But they’re used to
having a lot of influence in society, so giving that up will not come easy.”
Observers note that personal status law differs greatly between the different
religious law systems. Catholic Christian men and women are not allowed to
divorce, while Greek-Orthodox, Sunni, Shia and Druze couples may. Within all
sects, however, the conditions for divorce are different for women and men.
Sunni and Shia men also have the legal possibility to marry up to four women.
Muslim women don’t have this right.
The age for marriage also differs between the sects, although all stipulate a
lower age for women than for men. For Christians, the legal age is 17 for men
and 15 for women. Sunni and Druze men must be 18 and women must be 17, whereas
Shiite law says men and women must have reached “maturity”. In all communities
though, younger men and women might be granted legal permission to marry with
their guardian’s consent.
Mixed marriages
Another law that local Lebanese are up against is one that disallows marriage
between people from different confessions. Lebanon lacks common marriage
legislation, so many religiously mixed couples (or those who do not want a
religious ceremony) marry in other countries, especially in nearby Cyprus.
Another issue is that of inheritance where Christian men and women can inherit
equally, but Sunni and Shiite brothers inherit twice as much as sisters.
“I would prefer a system where religious law doesn’t rule,” said Lina, a young
Lebanese business woman. "We are many religious groups in this country,
but we all belong to the same state, the same culture. We are all Lebanese.
Secular legislation would make it easier to interact between the sects."
According to the UN Committee on the Elimination of Discrimination
against Women, Lebanese women are victims of gender discrimination
and the country should “urgently adopt a unified personal status code which is
in line with the Convention and would be applicable to all women in Lebanon,
irrespective of their religion.”