Muslim Personal Status Laws

- For Sunnis: 18 years for males, 17 years for females. The judge may authorize the marriage of a minor male aged 12 and a minor female aged 9 if she has reached puberty and further to the authorization of her guardian.

- For Shiites: it is standard practice to prove attainment of the legal age of puberty. A male is expected to reach puberty at the age of 15, a female at the age of 9.

- For Druze: 18 years for males, 17 years for females. The Druze sheikh or judge may however authorize the marriage of a minor male having reached the age of 16 and a minor female aged 15 further to the authorization of their guardians.

- For Sunnis: The Guardian in cases of marriage is the male figure, from the father’s side, according to the following hierarchy: the father, the brother, the grandfather and the uncle. Otherwise, such authority is entrusted with the judge.

- For Shiites: The guardian in the cases of marriage is the father, the grandfather from the father’s side or else the legal governor. For the marriage of minors, males and females, the father and the grandfather from the father’s side are the only ones having authority over the marriage.

- For the Druze: The guardian in the marriage is the male figure from the father’s side according to the following hierarchy: the father, the brother, the grandfather and the uncle, or else, the Sheikh Akl and the community’s judge.

- For Sunnis: even at adulthood, the marriage of a girl requires the authorization of her guardian.

Even if an adult girl seeks the judge’s authorization, the judge will inform her guardian. If the latter does not object or his objection is misplaced, the judge will grant her authorization to marry.

- For Shiites: An adult girl needs the authorization of the guardian (namely the father or the grandfather) to marry except for the cases below:
. If she was no longer a virgin as a result of a former marriage (in which case she is called deflowered) and no one shall have authority over her.
. Where it is impossible to reach the guardian as a result of his absence.
. Where the guardian objects and his objection is misplaced or unfair.

- For the Druze: the guardian’s approval is required until the age of 21. If a woman wishes to marry before the age of 21, the Sheikh Akl or the Druze Sheikh shall inform the guardian. If the latter shows no objection or his objection is misplaced, she is granted authorization to marry.

For Muslims, a husband has over his wife the rights below:

• To right to obedience in authorized matters
• The right to cohabitation
• The right to accompany him where he wishes to live, provided the marriage contract does not stipulate otherwise.

As for the wife, she may claim from the husband the following:

• A dowry
• Sufficient alimony
• Fulfilling intercourse
• A decent legal housing that only accommodates his parents or relatives with her consent.

As for the common rights and obligations, they include the right to enjoy each other and the right to inheritance.

Marriage between persons of different religions forbids inheritance.

- For Sunnis: A wife may request from her husband the following:
. To refrain from taking a second wife, in which case she or the other wife are considered divorcees
. To refrain from taking her out of her country
. To maintain an equal right to divorce (which means to be granted Al Isma, or the right to control the bond of marriage).

- For Shiites: A wife may request from her husband the following:
. To refrain from taking her out of her country
. To be his representative in divorcing herself.

- For the Druze: the Druze personal status law provides for the conditions that the contract must include. However it is agreed that any matter that is not established under a private text may be decided by the Druze Judge according to the Hanafi School.

A woman’s testimony

• Sunnis: marriage is concluded in the presence of two adult witnesses, either two men or one man and two women.
• Shiites: marriage does not need witnesses; whereas proving marriage requires the testimony of two men.
• Druze: marriage can be concluded in presence of four male witnesses.

Unregistered marriage (Zawaj Orfi)

It is an unofficial marriage contract which fulfills all the legal requirements except for the Court’s former authorization (this contract is not officially registered in Court). For a wife to obtain her legal rights, she has to file proceedings to prove the marriage before the Sunni Sharia Court or the Druze Religious Court.

Temporary marriage (Zawaj Moutaa)

It is applicable only to the Shiite community. It is a marriage concluded under a limited term contract which does not provide women with any of the wife’s rights. She is only entitled to alimony when such is clearly stipulated in the contract.

Polygamy

It is only applicable to the Sunnis and the Shiites. However, contrarily to the Shiites, a Sunni woman may specifically include in the contract a clause forbidding the husband from taking a second wife; in which case the first or the second woman are considered divorcees, while the contract and the requirement remain valid. The wife could also ask for separation if the husband breaches the clauses of alimony and equality at home.

For Muslims, custody means that the child is raised and cared for by the relevant custodian.

As for guardianship, it means guardianship over life (the right to education, upbringing, learning, marriage or protection). It means as well guardianship over assets (taking care of a minor’s assets/preserving and keeping the same, it includes care and guardianship “Wisaya and Qaymouma”).

Mothers are never granted guardianship over their children in all three communities.

- Sunnis: 12 years for males and females. Custody of children at this age is only granted to the mother. If custody is transferred to the mother’s mother as a result of the mother’s death, the age of custody shall be 7 for males and 9 for females.

- Shiites: two years for males and 7 years for females.

- Druze: 7 years for males and 9 years for females.

Custody is never granted to a mother of a different religion.

The most important reasons are the following:

- For Shiites: if the mother’s religion is different.

- For Sunnis: the mother’s custody is extinct when the child reaches the age of 5 if the mother’s religion is different.

- For Sunnis and Druze if she remarries someone who is not the child’s “mahram”. As for the Shiites, she loses the right to custody whether she remarries the child’s mahram or marries a non mahram.

For all three communities, a mother can redeem her right to custody if the reason underlying its extinguishment elapses.

Alimony is a husband’s obligation to spend on his wife. It includes food, cloths, medical care, housing, and whatever is deemed necessary for a wife to have a decent living.

When the husband stops fulfilling his duty to provide the wife with alimony, the latter may bring the matter before Court and file a request for alimony, with or without a case for divorce.

For both the Sunnis and the Shiites, alimony is due during the legal waiting period (Idda) if divorce is revocable, unless divorce takes place because the woman is considered dissonant. Revocable divorce is not applicable for Druze.

For more details about divorce, consult Chapter 5.

Yes, she can.

When the husband bound to pay alimony refrains therefrom, the Chamber of Execution may issue a decision to incarcerate him or impose seizure on his possessions, if any. His salary may be confiscated if he is an employee at a public or a private company.

For all Muslim communities, a wife’s right to alimony extinguishes where she is found “dissonant”.

It should not be unless there is fear for the child to be kidnapped or harmed.

The Court has to make sure that children are the ones rejecting visitation; in which case they cannot be forced to.

It is if the Court decides so.

In this case a penal action can be brought before the competent authority.

- For the Sunnis and the Shiites: There are no restrictions on a man’s right to exercise his free will in divorcing his wife. A man has as well the right to refuse divorce before or after mating. Exceptions: when the wife possesses the right to divorce her husband or when she has the bond of marriage.

- For the Druze: A marriage contract is only dissolved upon the judge’s decision.

How does divorce take place?

- Sunnis: Divorce does not need witnesses and takes place using explicit or commonly used terms while taking into account the husband’s intent.

- Shiites: Two male witnesses are needed. Divorce shall be made in fluent Arabic except for the cases where the husband does not speak Arabic.

- Druze: Divorce is only granted upon the judge’s decision.Divorce does not need witnesses and takes place using explicit or commonly used terms while taking into account the husband’s intent.

- For Sunnis: Three menstrual cycles if the woman is not pregnant and three months if she reached menopause and until child delivery if she’s pregnant.

- For Shiites: Three menstrual cycles if the woman did not reach menopause or was not pregnant and three months if her period was not regular, and for pregnant women it’s until child birth.

- For Druze: Four lunar months after the divorce or the death of the husband, a pregnant woman’s Idda ends up with child delivery or miscarriage.

- For Sunnis and Shiites: A husband is entitled to bring his wife back to marriage bond without her consent or knowledge during the Idda period in case of a revocable divorce. Such revocation must not necessarily be registered before Court. For Sunnis only, women may resort to Court and file for divorce.

- For Druze: A man may not remarry his divorcee.

This is applicable before First Instance Courts, as for the Courts of Appeal, it is compulsory to hire a lawyer.

What is Khul’ (Separation by way of consent between the parties – Khul’) ?

It is divorce that occurs with the consent of both parties when a wife relinquishes her right to a dowry against the man’s consent to divorce and where a man’s consent is required (only for Sunnis).

What is Tafrik (Dissolution of marriage) ?

Proceedings that are brought by one of the spouses asking because of the harm resulting from disagreement, conflict or bad companionship such as beating, insulting, forcing into forbidden practices, in which case the Court grants divorce (for Sunnis and Druze).