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    Everything You NEED to Know About Civil Marriage in Lebanon

    11 july 2014
    Some Background

    Most of us believe that the reason we can get married a civil marriage in Lebanon, is because of a loophole left over from the days of France's mandate over Lebanon post World War I. It's called "Karrar 60″ and was issued in 1936, and it elaborated that individuals who do not belong to the 18 recognized sects, can choose to get married a civil marriage.

    However, that's not the only piece of legislation that sanctifies this right. In 1990, Lebanon cemented its commitment to the Universal Declaration of Human Rights in the prologue of the Lebanese Constitution. This makes it more binding that any piece of legislation or religious court. Meaning, even if legislation comes out against civil marriage, it's useless, because in the Lebanese constitution, it's clearly stated, and that, coupled with Lebanon's ratification of International treaties and agreements, supersedes local legislation. So, it's not just an ancient memo from 1936.
    Fundamental Rights vs Legislation

    For decades, legislators held our fundamental right to get married and start a family hostage, at the behest of the all-powerful religious courts in Lebanon. Today, it's the other way round. Getting married and starting a family is not a right given to you by a bunch of legislators or religious figures. It is a fundamental right every adult human being has, regardless of where they were born or live.

    It's a major victory, that the tide has turned, and instead of legislators holding that right hostage, they're now scrambling to see how they can keep up with it.
    Why It's Better to Get Married IN Lebanon

    When you go to Greece or Cyprus, you automatically adopt the local civil marriage laws, which might not be suited to your personal preferences (along with your spouse of course!). In an ultra-liberal move I'm still shocked happened, the committee tasked with advising on civil marriage in Lebanon, left the choice of law to the couple getting married! That's right, you can choose the law you want! So, for example, you could choose the French law, or American law, and ask that your marriage be governed according to those laws.

    This makes that the excuse that sufficient legislation doesn't exist yet, obsolete, since you can adopt any other country's marriage laws.
    You Can Have a Religious Ceremony Too!

    Many people think that civil marriage is reserved for atheists or people of different faiths getting married. This is not true. Civil Marriage is the better option for everyone. The laws are fair, modern, non-sexist and based on human principles of equality and rule of law, not ancient religious texts. However, people think that getting married a civil marriage means that a religious ceremony to celebrate it is out of the question. This is not true. Once your civil marriage is registered, that's it, you can't get married again unless you divorce. So, a ceremony in a church when you're already married a civil marriage, won't count legally, but it'll honor your faith and your families' traditions and beliefs.

    The only problem you will face is finding a priest or sheikh open-minded enough to do the ceremony, since civil marriage is a major slap in the face to the money they make off of us usually.
    Your Status and Your Kids Status (Elections, etc.)

    When you choose to remove your sect from your ID, you won't be in limbo as suggested by some. Especially when it comes to things like running for parliament and voting. Remember the fundamental rights versus actual legislation argument above, and remember that the current sectarian laws don't deny you the fundamental right to vote and run for office. So, even when you do remove your sect from your ID, you'll still be listed on the voter lists of your sect, so, you will still be able to vote and run for office!

    As for your kids, they will be on the same personal status lists as their dad, so for example, if their dad is a Maronite who removed his sect, they'll be on that list too. So, don't worry about not being able to vote or run for office. Your right to do so can never be taken away.
    Mandatory vs. Optional

    Personally, I'm in the mandatory camp. Why? Because people who really need civil marriage probably won't be allowed to choose it by their families and surrounding areas. Educated, somewhat liberal folks in urban areas will go get married abroad in a worst-case scenario, but a young woman from a rural town with ultra-conservative parents will probably be unable to opt for the civil option. Also, for us to be all equal and start dismantling the sectarian system, we need to start with personal status and marriage laws.

    But, I believe in people having the choice to do whatever they see fit, even if I feel it's bad for them. With time, and as more and more people opt for civil marriage, I'm sure that option will gain much more momentum and be generally more accepted when compared with the broken, archaic religious marriage system.
    How to get a Civil Marriage in Lebanon

    Go to your local mayor (mokhtar) and fill in the application to remove your sect from your ID.
    Go to the personal status directorate of your region, and submit the form
    Sit down with your Notary Public (El Keteb El 3adel), I highly recommend Joseph Bechara, he is an amazing lawyer and this post is largely thanks to him!
    Choose the law you want to apply to your marriage
    Get proof of address (ifedet sakan) for you and your spouse
    Get witnesses to your marriage
    Post a memo on the door of your future home declaring your intent to get married to allow for people to contest the marriage if they have a valid reason, like for example one of you is already married (like when the priest asks if anyone has any objections)
    Get a health check-up for both you and your spouse
    Head down to your notary public and sign your marriage contract
    Congrats! You'r now married in a civil way!

    Inheritance Issues

    Unfortunately, the civil marriage laws don't encompass inheritance. This isn't a problem if you're Druze for example, where inheritance is completely up to the person passing on their wealth and belongings, but if you're a Sunni, it's a problem if you don't have a male "heir" or want your daughters to get a fair share of what you own. Heck, even sunni Prime Ministers like Riad El Solh and Salim El Hoss converted to Shiites, to ensure their fortunes would go to their daughters, and not extended male relatives, and they still sat at the helm of the "Sunni" governmental seats.

    To avoid that, a final will and testament isn't always enough, because there are rules and limits to that in each sect. That's why the best thing to do is appropriate your real estate and wealth to your kids early on, but make sure you can use them till you die. For example, if you buy an apartment, register it in your kids' name, but make sure to draft an "istithmar" for life for you, meaning you can live in it till you die, but it then goes to your kid, regardless of the unfair religious laws. Worst case? Sell your assets to your kids.
    Final Thoughts

    I hope this post helped, and cleared up a lot of foggy things when it comes to civil marriage in Lebanon. I'm happy to announce that over 40 couples have already tied the knot in Lebanon, and many, many more are in the process. If I ever get married, this is how I'm gonna do it, and I wish you the best of luck if you do. You don't need to travel abroad anymore, you can do it right here, on your own terms, with your friends and loved ones!

    http://ginosblog.com
    • Everything You NEED to Know About Civil Marriage in Lebanon

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