The mother’s position in custody rulings among the Shiite sect in Lebanon and its effects on the mother and the children’s livelihood

Abstract

The Lebanese Constitution has granted each sect the right to follow a specific personal status system, so each sect adopted its specific standards regarding the issue of custody. The Shiite sect seemed to be the extremist among these different sects as it adopted the age of the minor as a criterion for custody, without taking into account the best interest of the minor nor his/her psychological and social needs. The custody provisions within the mentioned sect embodies the patriarchal system that oppresses women and considers them unqualified for custody. Many Feminist movements that oppose this system have emerged and sought to implement a custody policy that satisfies the needs of the child, and guarantees the rights of women, and this was accomplished through joint custody.

Based on this introduction, the research question that arises is: Within the Shiite sect in Lebanon, what is the status of the mother when it is related to the custody provisions, and what are the impacts of such provisions on the mother and on her children’s livelihood?

The purpose of this research is to identify the custody provisions among the Shiite sect in Lebanon and determine the mother’s status within these provisions.  It also aims to study the impact of custody provisions on the psychological and societal status of the mother as well as on the best interests of the children and on their psychological, social, educational, and relational health. Moreover, the study seeks to find the best ways to achieve harmony between the provisions of custody and the best interests of the custodian and the child in custody.

The researcher adopted a qualitative approach, in an exploratory, descriptive style with a feminist approach. The sample of the research consisted of 3 targeted categories: 18 mothers who were victims of the patriarchal system, 18 lawyers who were appointed cases of custody, and 18 social work specialists whose work was used as a guide to convey the mothers’ experiences. Data was collected through relying on semi-structured snowball interview and through the analysis of documents and provisions issued by the Jaafari court.

This study is conducted to shed light on the approach that is applied by the Jaafari Court, which reflects a male mentality, and on the current suffering of the Shiite woman and her child as a result of the application of unfair laws against them. The results of the study showed that women in the Shiite sect suffered from unfair provisions of custody issued by the Jaafari Court in Lebanon, which prevent them from having custody of their children.