Lebanon: Whether in the Shi'ite community the family of a divorced husband has the legal right to take away the children from the former wife, even if the husband no longer lives in Lebanon
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Ottawa |
| Publication Date | 5 September 2003 |
| Citation / Document Symbol | LBN41902.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Lebanon: Whether in the Shi'ite community the family of a divorced husband has the legal right to take away the children from the former wife, even if the husband no longer lives in Lebanon, 5 September 2003, LBN41902.E, available at: https://www.refworld.org/docid/485ba86bc.html [accessed 31 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
With respect to divorce and custody rights in Lebanon, the book entitled Islamic Family Law in a Changing World edited by Abdullahi A An-Na'im states that "for the Sh'ia, judicial divorce is not recognized, though some Shi'i interpreters do accept judicial intervention" (2002, 128). The book adds that among Shi'as,
the divorced mother's right to custody ends ...at two years for boys and seven for girls ... (unless the mother remarries) subject to the wards' best interests ...(Islamic Family Law 2002, 128).
No further information on whether, in the Shi'ite community, the family of a divorced husband has the legal right to take away the children from the divorced wife, even if the husband no longer lives in Lebanon, could be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
Reference
Islamic Family Law In A Changing World: a Global Resource Book.. 2002. Edited by Abdullahi A An-Na'im. New York, NY: Zed Books Limited.
Additional Sources Consulted
Nasir, Jamal J. 1990. The Islamic Law of Personal Status. Boston: Graham and Trotman
Oral sources:
One oral source could not provide the requested information within the research deadlines.
One oral source could not be reached within the research time limits.
