Lebanon: Information on the divorce procedures for Shiite Muslim couples, including on whether a man can give power of attorney to a person to represent him during legal divorce procedures and on its legal effects, whether there are limits to what it could include; whether, for the declaration of a divorce, it is necessary that a man gives his consent, if the answer is generally no, whether there are specific cases where it is necessary or compulsory; on the type of law applicable to Shiite Muslims for the purpose of divorce/separation and the determination of custody, and whether couples have access to civil courts for divorce procedures or they are required to use religious courts; on the financial obligations of a Shiite Muslim man to his ex-wife and children, and consequences of his failure to meet his obligations, and how his ex-wife could make him honour his obligations
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 July 1995 |
| Citation / Document Symbol | LBN21296.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Lebanon: Information on the divorce procedures for Shiite Muslim couples, including on whether a man can give power of attorney to a person to represent him during legal divorce procedures and on its legal effects, whether there are limits to what it could include; whether, for the declaration of a divorce, it is necessary that a man gives his consent, if the answer is generally no, whether there are specific cases where it is necessary or compulsory; on the type of law applicable to Shiite Muslims for the purpose of divorce/separation and the determination of custody, and whether couples have access to civil courts for divorce procedures or they are required to use religious courts; on the financial obligations of a Shiite Muslim man to his ex-wife and children, and consequences of his failure to meet his obligations, and how his ex-wife could make him honour his obligations, 1 July 1995, LBN21296.E, available at: https://www.refworld.org/docid/3ae6abb20.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. |
An official of the Lebanese embassy in Ottawa provided the following information during a telephone interview on 24 July 1994.
A Muslim Shiite man can give power of attorney to a person to represent him during legal divorce procedures. There are no legal restrictions on what it could include. A man decides what power/rights he wishes to delegate to a person to act as his representative and the legal system recognizes that person's representation to the extent specified in power of attorney.
For the purpose of divorce/separation and the determination of custody, respective religious laws are applicable to Lebanese. Religious courts are responsible for such issues; civil courts have no jurisdiction over divorce-related issues. Religious courts have the power to decide whether the consent of a man is necessary for the declaration of a divorce. According to their judgement, they could state that a man is not in a position to decide on the issue of divorce, for instance. Because they make their decisions on this matter according to the specifics of each case, it cannot be predetermined when the consent is necessary or compulsory.
The financial obligations of a Shiite man to his ex-wife and children is mentioned in their marriage certificate. However, the judge in charge of a specific divorce case has the power to increase or decrease that obligation according to the specifics of the case. A woman whose ex-husband did not honour his financial obligations could request the religious court, which determined those obligations at the time of divorce, to force the man to honour his obligations. If the religious court was unsuccessful in forcing the man to comply with the court's order, the woman could request a civil court to intervene on her behalf. According to the specifics of the case, the civil court would decide on the necessary course of action as provided by Lebanese law.
The official stipulated that the above information is only based on his knowledge, and is not an official legal view on the subject.
This Response was prepared after researching publicly accessible information currently available to the DIRB 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.
Reference
Embassy of the Lebanese Republic, Ottawa. 24 July 1995. Telephone interview with official.
