Event: “Exploring Guardianship Laws in the Arab Region and Advocacy for Reform”
On May 26, 2025, The AiW, as part of the project titled “Revising Islamic Family Laws: A Transnational Social Movement Approach,” funded by Carnegie Corporation of New York, organized a one-day workshop titled “Exploring Guardianship Laws in the Arab Region and Advocacy for Reform.” The workshop focused on the nature of guardianship laws in the Arab region, including countries like Lebanon, Jordan, and Egypt, and presented a map of challenges and opportunities for reforms that align with the principles of gender equality.
Through opening remarks, Ms. Myriam Sfeir, Executive Director of The AiW, launched the workshop, as she welcomed the panelists and guests, including scholars, activists, and students. Ms. Sfeir outlined the relevance of the workshop to current legal and social challenges in the region, explaining both the successes achieved and the ongoing challenges faced in efforts to reform personal status laws. Then, Mr. Fadi Hashem, Human Rights Programs Manager at Adyan Foundation, and Dr. Marwa Sharafeldin, Senior Advisor at Musawah, delivered their keynote speeches. Mr. Hashem provided a general overview of the situation of personal status laws in the region and in Lebanon. He shed light on various efforts and initiatives aimed at driving meaningful change despite the long and difficult path. Dr. Sharafeldin, on another note, offered a presentation specifically on the relationship between religion and custody in Islam. She explained how, over centuries, conservative interpretations have often misapplied Qur’anic verses and as a result, have discriminated against women. She emphasized the need for reexamining these interpretations to better apply the principles of justice and equality in Islamic teachings. Finally, Me. Manar Zaiter presented the main findings of her white paper titled “Provisions of Custody and Guardianship in Personal Status Laws: Power Dynamics Between Culture and Law.” She discussed the legal and social aspects of guardianship in Arab countries, the impact of discriminatory laws on women’s rights, reforms and best practices, and advocacy strategies. Importantly, she affirmed that the best interest of the mother and her children should be acknowledged and considered in any process of legal reform.
The first panel titled “Perspectives on Custody and Guardianship in Lebanon” was moderated by Ms. Chantal Bou Aql, Researcher at The AiW. It explored the controversial topics regarding religion and personal status laws at the national level in Lebanon, focusing on the legal, social, cultural, and religious dimensions of custody and guardianship. Dr. Youmna Makhlouf, Senior Lecturer at the Faculty of Law at the Saint Joseph University of Beirut (USJ), provided a comprehensive overview of the systematic disadvantages which women face in religious courts in Lebanon. She explained how these courts, which enjoy autonomy from the state, openly pass and apply laws that discriminate against women, particularly in matters of marriage, divorce, and custody. Similarly, Me. Leila Awada, Co-Founder and Head of the Family Violence Unit at KAFA (Enough) Violence & Exploitation, and Me. Fatima El Hajj, Lawyer in Muslim religious courts, explained the different forms of discrimination which women face in both Sunni and Shiite religious courts in Lebanon. They noted that, despite heightened and consistent efforts aimed at reforming laws, change has been very slow, primarily because of fierce resistance from religious leaders. For example, they suggest, new challenges arise almost every day, like rulings that further undermine women and children’s rights and protections. Finally, Me. Samia Abi Nader, Founder and Member of the Pontifical Marian Academy for Muslim-Christian Dialogue, presented an analysis of the case of women in Christian religious courts in Lebanon. Like in Muslim courts, she explained, the legal frameworks in Maronite and Orthodox courts, for example, reinforce gender inequality on almost all levels. While very few progressive laws and rulings exist, most, she added, often reflect patriarchal and age-old interpretations in key areas like marriage, divorce, and custody. The many attempts for change yielded limited impact, she claimed.
The second panel titled “Regional Review of Custody and Guardianship Laws” was moderated by Mr. Hachem. It focused on reviewing custody and guardianship laws in several Arab countries, providing a comparative analysis of the challenges which women face in the context of religious personal status laws. Dr. Amel Grami, Academic and Expert on Gender and Legal Reforms in Tunisia, provided an in-depth and critical assessment of personal status laws across various Arab countries, drawing out their similarities and differences. Building on positive experiences, like in Tunisia for example, she discussed the importance of national and regional dialogues to open pathways towards inclusive and positive change. Then, Me. Gawaher El Taher, Access to Justice Program Head at the Center for Egyptian Women’s Legal Assistance (CEWLA), discussed the several barriers which women face when seeking justice in Egypt’s Islamic religious courts, including discriminatory laws, limited legal awareness, financial constraints, and procedural bias. Despite challenges, she emphasized the importance of advocating for legal reforms and community-based support to ensure the protection of women’s rights. Dr. Salma Al-Nims, International Consultant, and Gender Equality, Social Inclusion, and WPS Expert, centered her intervention on the status of women in religious courts in Jordan. She reflected on her personal experience in the struggle to reforming discriminatory laws in the country, emphasizing that change can only happen if collaboration between government institutions, religious authorities, and civil society organizations is genuinely achieved. Finally, Dr. Dima Dabbous, Regional Representative in MENA at Equality Now, summarized the key points discussed during the panel discussion and offered forward-looking ideas that inspired further reflections on religious personal status law in the Arab region. As she suggested, true change must challenge the deeply rooted patriarchal norms that underlie religious systems. Reform, she confirmed, is much more than just a legal need: It is a moral imperative.
The workshop concluded with an open discussion session.