Discrimination in Libyan Law and Society and Its Effect on Women's Marriage Rights

Author: Zeinab Abulhul, PhD

November 11, 2025

[Image Credit: International Commission of Jurists]

Introduction 

There has been a rise in Libyan women marrying foreign men, especially from other Arab and Muslim-majority countries. This trend has increased as more migrant workers from neighboring Arab nations have settled in Libya because of ongoing conflicts in their home countries. Meanwhile, many Libyan families have been displaced and resettled in neighboring Arab countries or farther regions, creating more opportunities for such unions.

Since 2011, the Libyan population abroad has steadily expanded. In 2015, estimates reached 154,534, rising to 158,798 in 2017 (International Center for Migration Policy Development (ICMPD), 2020). The United Nations reported in 2011 that 686,422 Libyans fled the country during the revolution, seeking refuge in Egypt and Tunisia (Scott Peterson, 2011). Additionally, the United Nations High Commissioner for Refugees (UNHCR) noted that about 11,000 refugees from the region found safety in Tunisia, with many arriving in Nalut (The Guardian, 2011). Civil unrest and armed conflict have forced many people to leave their homes. Since the 2011 revolution, the collapse of state institutions and ongoing civil war have contributed to widespread human rights violations, especially against women. One significant outcome has been the breakdown of national security and the eruption of armed conflict, prompting many Libyan families to emigrate abroad together.

Meanwhile, some Libyans, particularly men, have chosen to emigrate alone, either to start fresh or to join armed groups. These migration patterns have led to a significant social shift, affecting Libyan values, customs, and attitudes toward both themselves and non-Libyans. As instability continued, Libyans, both internally displaced and those living abroad, began building closer ties with non-Libyan communities. This has led to new family structures, including Libyan women marrying Arab Muslim nationals—especially Egyptians, Syrians, and Sudanese—or Muslims who are non-Arab, such as Africans, Asians, and other nationalities, whether within Libya or abroad (UNDP, 2021).

However, children born to these unions are often treated as outsiders and non-citizens by Libyan society (Gebril, 2016). This issue continues to divide Libyans into two groups. The first group is made up of those who support equal rights in marriage, advocating for Libyan men and women to have the freedom to choose their partners, and for their rights to be recognized, granted, and passed to their children. The second group consists of those who oppose these marriages, considering them shameful and believing they bring stigma to their families and tribes. Those opposing such unions expect the women to leave the country and live with their foreign husbands outside Libya.

Additionally, these women are prevented from inheriting property and are unable to pass their nationality to their children. The root of this conflict lies not in Islam but in conservative tribal and cultural norms that falsely claim religious justification. Islamic teachings actually encourage marriages between Muslims across different societies. The Quran states, “O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted” (Verse 13 of Surat Al-Hujurat, Holy Quran).

Libyan society must raise awareness to protect women’s rights to form families with non-Libyans and ensure their children receive the same rights as those born to Libyan men married to non-Libyan women. Marriage laws that safeguard Libyan women’s rights need to be strengthened. Gender-based discrimination that denies women their fundamental civil, legal, and family rights remains a serious issue. 

In practice, Libyan women’s right to marry non-Libyans is often challenged, even though they should be protected as a matter of equality and human dignity. Social traditions, tribal influence, and varying legal interpretations underline the complexity of this issue. It is important to explore the cultural, legal, religious, and social factors that influence Libyan women who decide to marry someone from another nationality.

Tribal Control and the Loss of Women's Rights

Libyan society is deeply rooted in tribal structures, where marrying someone outside the community is seen as a betrayal. Although the Ministry of Social Affairs formally regulates such marriages, its process, including lengthy interviews, background checks on the foreign spouse, and assessments of social acceptability, largely reflects tribal anxieties. These procedures often involve family interviews as part of the approval process.

Even if all the required documents are submitted and all legal requirements are met, many applications still get rejected, not on legal grounds, but because marriage to non-Libyans is seen as a threat to the tribe’s demographic makeup or cultural integrity. Additionally, even if a woman's children are born in Libya, they won't be able to inherit her citizenship rights. They may also face cultural intolerance and struggle to obtain official approval for something as straightforward as a marriage contract. As a result, gaining approval is often difficult and frequently denied. Even if a woman manages to overcome legal hurdles, she might still face social rejection. Some Libyan women who marry foreigners are forced to choose between leaving their tribe and taking their children with them, which means losing their citizenship rights and being barred from inheriting tribal land (Libya Tribune, 2019), while others who decide to stay in Libya encounter social and civil rights pressures (Libya Tribune, 2019).

Legal Framework and Contradictions 

Despite legal guarantees of equality in Article 6 of the interim constitution declaration (Libyan Interim Constitution, 2011), which states that all Libyans are equal before the law regardless of gender, this principle is not upheld in practice. Libyan women married to foreigners are still unable to pass their nationality to their children or spouses. This legal limitation leaves their children struggling with issues of identity and citizenship, often feeling alienated in their own country (Euro-Mediterranean Human Rights Monitor, 2019). In contrast, Libyan men who marry non-Libyan women face no such restrictions. They can pass their nationality to their children regardless of whether the children wish to claim it or were born outside Libya. 

Article 11 of the 1951 Constitution also promised equal rights, but failed to include specific protections for women married to non-Libyans (Libyan Constitution, 1951). Following the 2011 revolution, the draft constitution proposed reform and pledged equal rights for all citizens. Article 5 recognized the family as the foundation of society and emphasized the state’s responsibility to protect marriage, motherhood, and childhood. Article 6 reiterates the principle of equality for all Libyans, regardless of gender or tribal affiliation.

However, Law No. 15 of 1984 remains in effect and continues to restrict women’s rights to marry foreigners without prior approval from the Ministry (Euro-Mediterranean Human Rights Monitor, 2019).

The 2017 Draft Constitution introduced in Article 12, which acknowledges that nationality is granted at birth. Still, it maintains distinctions between the children born to Libyan fathers and those born to Libyan mothers. Although Article 7 promised equality, it fails to explicitly state that Libyan women can confer nationality to their children with foreign parents (Draft Constitution, 2017). 

This ongoing contradiction between constitutional promises and legal realities emphasizes how legal reforms often stay symbolic and unfulfilled. (Elboaishi, 2023). Including women's rights selectively in constitutional articles while explicitly defining men's rights indicates a lack of transparency and a weak commitment to gender equality. This approach is driven by a desire to evade criticism and accusations of human rights abuses. Lawmakers portray themselves as champions of equality to protect the state's image, despite the lack of real reform.

Religious Fatwas and Societal Pressure 

The role of religious institutions in perpetuating discrimination remains significant. In 2013, Libyan Grand Mufti Sheik Sadk Al-Garini issued a fatwa prohibiting Libyan women from marrying foreign Muslims. His office argued that foreign men, such as Turks, Shiites, and Druze, used marriage to promote political agendas or exploit Libya’s instability (Cousins, 2023). Later, a member of the Dar-lfta office clarified that marriage approvals are a government matter, not a religious one. 

Nonetheless, this fatwa sent a strong and discouraging message that women who marry foreigners would not be supported by religious authorities. This politicization of religion has obstructed reform efforts and deepened existing social challenges. Notably, this fatwa contradicts the principle of Islam, which encourages marriage between Muslims regardless of nationality or ethnicity (Euro-Med Monitor, 2019).

Societal norms have also hindered transparency about Libyan women married to non-Libyan men. There is no official government data, but estimates indicate around 4,885 cases in a country of six million. Local activists believe the real figure is much higher. Many Libyan families moved abroad during the war and hesitated to register marriages because of legal, tribal, social consequences, and restrictive laws (Euro-Med Monitor, 2019).

This absence of transparent data underscores weak institutional capacity and a general reluctance to confront culturally sensitive topics. Without precise data, civil society groups struggle to push for reform, and the government is unable to craft well-informed, responsive policies. 

Social Stigma and Real-life Consequences 

Discrimination against Libyan women who marry foreigners is not only embedded in the legal system but also manifests in harmful social norms. Legal restrictions are often used as a pretext to justify broader social and cultural intolerance toward these women. One could argue that laws affecting women’s rights in Libya were not founded on universal human rights, whether from religions or civil frameworks, but are instead shaped by discriminatory social attitudes. This raises serious concerns about the future of women’s rights in Libya. 

Lived experience reveals how deeply Libyan women have suffered from exclusion, bullying, and violence due to their choice of suppose. In Zawiya, a woman was physically attacked by her brothers after marrying a Syrian without official approval from the Ministry. She was unable to report the assault as her marriage was not legally recognized. 

In Misrata, as other women lost their jobs due to social harassment and bullying over their marriages to non-Libyans, one woman’s husband was also pressured to resign following intense social backlash. Their community viewed the marriage as a source of shame for the tribe (Euro-Med Monitor, 2019).  Other women shared similar stories of being denied fundamental rights. Fatma Abd Al-Celilin, for instance, was unable to enroll her children in Libyan schools or access healthcare services because they lacked proper identification documents. Another woman, Salama, stated, “the government refused to give my children civil rights, and they are seen as foreigners in their own country” (Touka, 2024). Even women whose sons died defending Libya are denied recognition as martyrs’ mothers because they were married to non-Libyans (Gebril, 2016).  

Public Attitudes and International Pressure 

Public opinion in Libya remains divided on the issue. According to the Arab Barometer survey in 2022, a majority of Libyans (57%) support the right of Libyan women to marry non-Libyans and pass their nationality to their children, while a substantial minority (40%) opposes this right (Arab Barometer, 2022). This division highlights the gap between formal legal equality and societal acceptance. 

Libya is also bound by international human rights commitments. As a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) since 1989, Libya has committed to ensuring equal nationality rights for women and their children. However, despite this international obligation, discriminatory laws related to marriage and nationality remain in place and largely unreformed (United Nations General Assembly, 1979).  

Conclusion

The struggle of Libyan women married to non-Libyans extends beyond gender issues. It is a human rights crisis. Their experience highlights a society constrained by tribal customs, cultural fears, and bureaucratic delays. Despite constitutional guarantees and Libya’s international commitments, the government has repeatedly failed to safeguard the rights of these women and their children. Ending this ongoing discrimination requires more than just superficial legal reforms. It demands a profound cultural shift, the reaffirmation of genuine Islamic values rooted in justice and equality, and the political determination to implement and enforce existing legal protections. Until these changes occur, thousands of Libyan women will continue to be marginalized, lose their identity, face denial of recognition, and be deprived of their dignity in their own country. 

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Glossary

• 2011 Libyan revolution: An armed conflict in 2011 in the North African country of Libya which was fought between forces loyal to Colonel Muammar Gaddafi and rebel groups seeking to oust his government.

• Arab Barometer survey: The Arab Barometer has conducted high-quality public opinion surveys in the Middle East and North Africa (MENA) since 2006.

• Civil war: A war between citizens of the same country.

• Conservative tribal: Research shows that ingroup tribalism promotes well-being for those who feel included.

• Constitution: The basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it.

• Cultural intolerance: Intolerance is a lack of respect for practices or beliefs other than one's own. 

• Discrimination: Treating a person or a particular group of people differently, especially in a worse way than the way in which you treat other people, because of their race, gender, sexuality, etc.

• Emigration: It is the act of leaving a resident country or place of residence with the intent to settle elsewhere (to leave a country permanently).

• Fatwa: A legal opinion or decree handed down by an Islamic religious leader.

• Human dignity: It is the belief that all people hold a special value that’s tied solely to their humanity. It has nothing to do with their class, race, gender, religion, abilities, or any other factor other than them being human.

• Identity and citizenship: Citizenship, legal status, and proof of identity. Identity as a legal concept explains that individual identity is the cornerstone of the rule of law and the relationship between the state and the citizen.

• Intense social backlash: A strong negative or hostile reaction to a particular idea, action, trend, or social change. It often arises when individuals or groups perceive a threat to their values, status, or power.

• Pretext: A purpose or motive alleged or an appearance assumed in order to cloak the real intention or state of affairs.

• Quran: The religious text believed by Muslims to be God's own divine speech, providing a complete code of conduct across all facets of life.

• Refugee: A person forced to flee their own country and seek safety in another country.

• Societal norms: A shared standard of acceptable behavior by a group.

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References 

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2. https://www.arabbarometer.org/2022/10/libyans-want-citizenship-for-children-of-women-married-to-foreigners/ 

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20. United Nations General Assembly. (1979). Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). (A/RES /34/180).

21. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women 

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24. Verse 13 of Surat Al-Hujurat, Holy Quran. (n.d). https://quran.com/al-hujurat/13