Libya: Prevalence of arranged marriages and state protection available to women who face forced marriages; description of a traditional betrothal contract (1999-2003)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 19 March 2003 |
| Citation / Document Symbol | LBY41214.E |
| Reference | 7 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Libya: Prevalence of arranged marriages and state protection available to women who face forced marriages; description of a traditional betrothal contract (1999-2003), 19 March 2003, LBY41214.E, available at: https://www.refworld.org/docid/3f7d4dc37.html [accessed 20 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. |
An assistant professor of political science at the University of Texas, in San Antonio, who is also the author of Libya's Qaddafi: The Politics of Contradiction (1997), stated in correspondence that
[m]ost marriages are arranged between families because there are few places where men and women [can] interact informally. ...
But before they make it formal some informal groundwork must be laid. Informally, the woman is asked if she is interested in the man. If she is then he can begin the formal process by having his father or the elder man in the family approach her father or the elder man in her family. Usually the father of the bride approaches the girl and asks ... her opinion on the matter .... So from that perspective it is arranged but certainly not forced.
Islam prohibits forced marriages, and the woman has the right to say no if she does not want to get married. ...I have heard of cases of fathers getting mad at their daughters for not marrying the men they have chosen for them, but, these cases are very few and far in between. Women today are literate, income earners and cannot be forced to marry a man they do not want to marry (18 Mar. 2003).
The Emory University School of Law Website includes a Libyan country profile that lists various legislation, including a 1972 law on Women's Rights in Marriage and Divorce (n.d.). Although it does not specifically refer to the Women's Rights in Marriage and Divorce law, a separate section pointing out the notable features within the legislation listed states that the minimum age for marriage is 20 years for both men and women and that judicial discretion is required for marriage below that age (EU n.d.). It also states that the guardian may not force or prevent a marriage, but maintains that, if the guardian withholds consent, the individual may seek court approval (ibid.).
N nor any additional information on the prevalence of arranged marriages, as well as state protection available to women who face forced marriages, 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.
References
Assistant professor of political science, University of Texas, San Antonio. 18 March 2003. Correspondence.
Emory University. n.d. School of Law. "Libya (Socialist People's Libyan Arab Jamahiriya)." Additional Sources Consulted
IRB Databases
Women's International Network News (WIN)
Internet sites, including:
AllAfrica.com
Amnesty International (AI)
Arab Regional Resource Centre on Violence Against Women
Arabicnews.com
Centre for Law Enforcement and Education (CLEEN)
Centre for Religious Freedom
Human Rights Watch (HRW)
International Human Rights Law Group (IHRLG)
Libya News and Views
Libya: Our Home
Libyan League for Human Rights (LLHR)
The Libyan Union for Human Rights Defenders
The Middle East Network Information Centre (MENIC)
United Nations Children's Fund (UNICEF)
United Nations Development Fund for Women (UNIFEM)
United Nations Fund for Population and Development (UNFPD)
U.S. Department of State
Women Living Under Muslim Law (WLUML)
Women's Human Rights Net (WHRN)
Women's Human Rights Resources (WHRR)
World News Connection (WNC)
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