BEIRUT

Commentary

Paying the clergy is not the way to go

Not happy about having to travel to Cyprus to get a civil marriage? Lebanon’s justice minister may have an answer for you. On Jan. 29, Shakib Qortbawi introduced a draft law that would allow couples in Lebanon to marry under a civil law without leaving the country or having to cross out their religion on their civil records.

The draft law would not introduce a Lebanese civil code. Rather, it would allow couples to choose any foreign civil law by which to marry, as long as the law does not contradict “public order and general morals.” But there’s a catch: Each couple would have to pay the state the equivalent of $333 to be disbursed to the religious courts of the husband’s religion.

Is this draft law a step forward for supporters of civil marriage in Lebanon? Should advocates of civil marriage go along with the payment of such a fee to religious courts to get the religious official bodies to agree to the proposal?

It is important to first understand how civil marriage currently works in Lebanon. The law currently recognizes such marriages even though the country does not have a civil code. Until recently, this has meant that anyone who wished to have a civil marriage would have to travel abroad to marry and get their foreign-enacted civil marriage recognized in Lebanon. Lebanese have resorted to such foreign civil marriages in large numbers, with data from the Cypriot Embassy in Lebanon indicating that more than 800 Lebanese couples married in Cyprus in 2011. When I got married in Cyprus in 2009, the couples that were married before and after us in the office of the Cypriot public official were Lebanese.

Despite the increasing popularity of civil marriages enacted abroad, this approach has limitations. Traveling abroad is inconvenient and some couples cannot afford the trip. And many people are unaware that if both spouses are Muslim, Lebanese Islamic courts may not recognize the civil marriage and may apply their own rules in divorce or child custody cases based on a 1939 official decree.

In a breakthrough for civil marriage in Lebanon in February 2013, the Lebanese authorities approved the registration of a civil marriage contracted in Lebanon between Kholoud Succariyeh and Nidal Darwish after the couple removed their religious affiliation from their civil records. The couple, acting on the advice of a longtime activist for civil marriage, argued that by removing their religious affiliations from their civil records, they had the right under Lebanese law to a civil marriage and that Lebanon’s failure to enact such a law did not revoke that right.

The couple notarized their marriage before a Lebanese public notary and chose to have it governed by French civil law. The Lebanese authorities recognized the validity of their legal reasoning and registered the marriage. More couples have now removed their religious affiliations from their civil records and filed to have their locally enacted marriage contract recognized in Lebanon.

Qortbawi’s draft law seeks to allow couples to marry in Lebanon using a foreign civil code of their choice without removing their religious affiliations from their civil records, as Succariyeh and Darwish had to. The draft law would also repeal the 1939 decree that limits the ability of two Muslims to have a civil marriage in Lebanon.

The draft’s main shortcoming is that it fails to introduce an optional civil personal status code for Lebanon that would cover marriage, divorce, custody and other family law provisions. Activists and civil society organizations have long demanded this, in part because of the systematic discrimination against women in all of Lebanon’s religious personal-status laws. In fact, a draft code proposed by local civil society groups has been sitting in parliament since March 2011.

In statements to the media, Qortbawi recognized the inherent limitations of his proposal, but argued that in the “current atmosphere in the country, it was not possible to put forward a complete package for civil marriage.”

The minister’s remark raises a question relevant to reform attempts from electoral law to women’s rights. Given the dysfunctional nature of politics in the country today, should reformists restrict their ambitions to partial and imperfect advances that appear feasible? There is no evident answer to that question and reasonable people can disagree in their assessments. My own view is that when it comes to civil marriage in Lebanon – a recurring idea since at least 1951, when the Beirut Bar Association went on strike to demand an optional civil marriage law – the time has come for a concerted push to adopt an optional Lebanese civil personal status code. If anything, there is an urgent need to counter the country’s sectarianism by enacting laws such as the civil code that would treat all Lebanese equally.

Regardless of one’s position about the best strategy to advance civil marriage in Lebanon, what to make of the proposal in the draft law that the state collect a $333 marriage fee and give it to the religious courts of the husband’s confession – unless the husband is not Lebanese, in which case the fee goes to the religious court of the wife’s confession?

The draft law does not explain the rationale for such a payment. In a recent media interview, Qortbawi said, “It’s not our job to cut everything from them [the religious courts], because also, they need money. This is to tell them, ‘This is not against you.’”

But we should reject payments to sweeten the deal for religious courts. Religious courts in Lebanon already get a great deal of support from the state, with little or no oversight from the state’s judicial bodies. For instance, Lebanese citizens already pay the budget of Islamic courts – a tradition going back to the Ottoman times – with no effective government supervision.

The reason many Lebanese say they support civil marriage is to reduce the influence of religious institutions on their lives, to promote equality among Lebanese citizens and to eliminate discrimination against women under the current religious personal status codes.

For many Lebanese couples, the choice to seek a civil marriage is a way to reject the imposition of religious laws and institutions by Lebanon’s confessional system. So why would a law meant to facilitate civil marriage actually fund religious courts, instead of the civil courts that will oversee such civil marriages? These civil courts are grossly underfunded, and their workload will presumably increase as a result of additional civil marriages.

The minister may be right that Lebanon needs to take gradual steps to enact a civil law. But these gradual steps should be guided by a clear strategy of building up civil institutions and promoting equality among Lebanese citizens. To ask the Lebanese to pay religious courts for the right to a civil marriage will not bring us closer to those goals.

Nadim Houry is head of the Beirut office of Human Rights Watch and is its deputy Middle East and North Africa director. He wrote this commentary for THE DAILY STAR.

 
A version of this article appeared in the print edition of The Daily Star on February 07, 2014, on page 7.

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Summary

Not happy about having to travel to Cyprus to get a civil marriage?

The draft law would not introduce a Lebanese civil code.

In a breakthrough for civil marriage in Lebanon in February 2013, the Lebanese authorities approved the registration of a civil marriage contracted in Lebanon between Kholoud Succariyeh and Nidal Darwish after the couple removed their religious affiliation from their civil records.

Qortbawi's draft law seeks to allow couples to marry in Lebanon using a foreign civil code of their choice without removing their religious affiliations from their civil records, as Succariyeh and Darwish had to.

Regardless of one's position about the best strategy to advance civil marriage in Lebanon, what to make of the proposal in the draft law that the state collect a $333 marriage fee and give it to the religious courts of the husband's confession – unless the husband is not Lebanese, in which case the fee goes to the religious court of the wife's confession?

So why would a law meant to facilitate civil marriage actually fund religious courts, instead of the civil courts that will oversee such civil marriages?


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