A/HRC/31/18/Add.1
past – may raise concern that, without informal or formal quotas, unabashed majority
rule could prevail and possibly erode the State’s legacy of religious coexistence.
Such worries are more than understandable. Unqualified majority rule is not,
however, the only viable alternative to the current system of political
confessionalism. Most contemporary democracies have complex institutional
arrangements in place to ensure that the fundamental rights of individuals and
communities are guaranteed without discrimination. Replacing a quota-based system
designed to anchor diversity by a more consistently implemented rights -based
approach to promoting diversity may actually be a more promising, long-term way of
preserving the Lebanese legacy of interreligious coexistence.
VI. Debate around civil marriages
A.
Role of religious laws and courts
68.
While the State of Lebanon is secular by nature, issues of personal status –
such as marriage, divorce, custody of children or inheritance – are addressed in
religious courts and based on religious laws. Various Christian denominations have
ecclesiastical courts that apply their own version of canon law. Similarly, Muslims
have sharia courts that operate under the auspices of the Hanafi school (for Sunnis)
and the Ja’afari school (for the various communities of Shias). The Druze have their
own courts.
69.
Religious diversity in Lebanon thus manifests itself also in a plurality of
religious laws and courts. Persons whose beliefs do not fit within the existing
infrastructure of religious courts, or who do not wish to fit in, may contract their
marriages abroad and have them subsequently registered in Lebanon. Cyprus, which
introduced civil marriage in the 1960s, offers a viable and affordable alternative used
by many couples. Upon return to Lebanon, however, matters relating to the personal
status of Muslim couples (namely, if both spouses are Muslims) are subject to the
provisions of sharia law. 3
B.
Discontinuation of civil marriage registrations
70.
In recent years, the system handling matters of personal status has come under
criticism. Women’s rights activists and non-governmental organizations (such as
Legal Agenda) have denounced gender-related discrimination that, to different
degrees, is structurally built into various versions of canon law and sharia law.
Others feel embarrassed about having to travel abroad to contract a valid marriage.
Indeed, even the option of marrying abroad does not satisfactorily solve all disputes
on divorce, custody or inheritance, and for Muslim couples who marry abroad, there
is no way to avoid being subject to sharia courts.
71.
In recent years, some couples have succeeded in claiming their right to
register a civil marriage (namely, a marriage outside the system of religious laws) in
Lebanon. Although no civil marriage law has been formally adopted in Lebanon and
the legal basis of registration is often contested, their civil marriages are considered
valid. Nonetheless, these couples are issued merely with a family civil certificate,
3
See Human Rights Watch, “Unequal and Unprotected: Women’s Rights under Lebanese Personal
Status Laws”, 19 January 2015.
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