Back to Index of Legal Reports

Full Report (PDF, 361KB)

Comparative Summary

This report discusses the legal provisions governing inheritance rights, the legal age of marriage, and the transmittal of citizenship through the mother in 18 Middle Eastern and North African countries, including Israel, Iran, and 16 Arab countries (Algeria, Bahrain, Egypt, Jordan, Iraq, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Syria, Tunisia, Saudi Arabia, the United Arab Emirates, and Yemen). To the extent applicable, the report also discusses constitutional provisions promoting gender equality in these countries.

I. Gender and Inheritance

Regarding inheritance, the Arab countries apply Islamic law, which provides that a woman’s share of an inheritance is half that of a man. The Shi’i Muslim country of Iran applies the same rules of inheritance adopted by Arab countries. For instance, daughters of an Iranian family may claim only half of the inheritance to which sons are entitled. Furthermore, an Iranian mother of a deceased person is entitled to only one-third of the estate, while the father receives the rest. However, Iran did pass a law in 2009 allowing women to inherit all forms of their husband’s property. Israel is the only country in the Middle East that does not differentiate between males and females with regard to inheritance.

Table 1: Gender and Inheritance

Country	Gender Distinction	No Gender Distinction	Exceptions
Algeria	X*
Bahrain	X
Egypt	X		X**
Jordan	X
Iran	X
Iraq	X
Israel		X
Kuwait	X
Lebanon	X
Libya	X
Morocco	X
Oman	X
Qatar	X
Tunisia	X***
Saudi Arabia	X
Syria	X
United Arab Emirates	X
Yemen	X

Source: Law Library of Congress.

* Arab countries typically apply Islamic law to matters of inheritance and thus only allow women to inherit half of what men inherit.

** An Egyptian court recently allowed a Christian woman to inherit from her father’s estate, accepting the woman’s argument that she should not be subject to Islamic law.

*** Legislation is pending in Tunisia that would give women and men equal inheritance shares.

Back to Top

II. Transmission of Citizenship by Mother

Many Arab countries grant mothers the right to transmit citizenship to their children; however, some countries, such as Libya, the United Arab Emirates (UAE), and Bahrain have made this right conditional on the child’s father being unknown or stateless. Other countries, such as Jordan, Qatar, and Lebanon do not allow mothers to transmit citizenship to their children. In contrast, the Israeli Citizenship Law does not differentiate between a husband and wife for purposes of acquisition of citizenship based on marriage to an Israeli citizen, nor does it differentiate between the parents based on their gender or marital status for purposes of conferring citizenship on a child. Iranian women, on the other hand, are not able to transmit their nationality to non-national spouses, and were unable to transmit citizenship to their children until the approval of a law by Iran’s Guardian Council in early October 2019.

Table 2: Legal Provisions Allowing Transmission of Citizenship by Mother

Country	No	Yes	Yes with Qualifications
Algeria		X
Bahrain			X*
Egypt		X
Jordan	X
Iran			X
Iraq		X
Israel		X
Kuwait			X*
Lebanon	X
Libya			X*
Morocco		X
Oman		X
Qatar	X
Tunisia		X
Saudi Arabia			X*
Syria			X*
United Arab Emirates			X*
Yemen		X

Source: Law Library of Congress.

*Bahrain and Libya: The father must be unknown or stateless. Kuwait and Syria: The father must be unknown. Saudi Arabia: The father must be unknown or a foreigner, and in the latter case the child must apply for citizenship upon reaching legal age. UAE: The father must be unknown, stateless, or a foreigner, and in the latter case, the child’s citizenship only attaches after he/she reaches six years of age.

Back to Top

III.  Legal Age of Marriage

Many Arab countries set the minimum age of marriage for women at eighteen years of age. However, these countries also have provisions in their family laws that allow the religious courts to grant women younger than eighteen the right to marry. In Bahrain the minimum age for marriage is 16 for females, while Yemen allow females as young as nine years old to marry. In Iran, the minimum age of marriage for females is 13 (according to the Iranian calendar), but marriages at an even younger age may occur if the child’s guardian and a court approve.

In Israel the minimum age of marriage is eighteen, and marrying, officiating, or assisting in the marriage of a minor in the absence of judicial authorization granted under special circumstances is a criminal offense punishable by two years of imprisonment or a fine. However, the criminal liability associated with underage marriage does not affect the validity of the marriage where it is recognized under the personal status law of the parties.

Table 3: Legal Age of Marriage

Country	Age for Females	Age for Males	Earlier with Court and/or Guardian Approval	Varies by Religion
Algeria	19	19	X
Bahrain	16	18	X
Egypt	16	18
Jordan	18	18	X
Iran*	13	15	X
Iraq	18	18	X
Israel	18	18	X
Kuwait	15	17	X
Lebanon				X**
Libya	20	20
Morocco	18	18	X
Oman	18	18	X
Qatar	16	18	X
Tunisia	18	18	X
Saudi Arabia	17	17	X
Syria	18	18	X
United Arab Emirates	18	18	X
Yemen	No minimum	No minimum

Source: Law Library of Congress.

* The ages indicated for Iran are calculated under the Iranian (Persian) calendar.

** Different ages, ranging from puberty (nine to 13) to 17 for girls and 15 to 18 for boys, are recognized in Lebanon according to the person’s religious sect—Catholic Christian, Orthodox Christian, Protestant Christian, Sunni Muslim, Shi’a Muslim, or Druze. A male guardian’s permission to marry is also required in some circumstances.

Back to Top

IV. Constitutional Provisions Addressing Equality

Most of the constitutions of Arab countries include a provision promoting the principle of gender equality. However, some countries, such as Kuwait, Jordan, and the UAE do not include the term ”gender” in the equality provision. This reference to gender is also lacking in the basic law of Saudi Arabia. Instead, the country’s basic law of 1992 links the principle of equality to the standards of Islamic law, which limits the rights of females with regard to inheritance shares. The Constitution of Iran references “equal rights and protection under the law” for men and women, but the rights it affords are circumscribed by the requirement that they “conform to Islamic criteria” that themselves do not give women equal status with men.

Table 4: Constitutional Provisions Addressing Equality

Country	Gender Equality Expressly Mentioned	Gender Equality Not Expressly Mentioned
Algeria	X
Bahrain	X
Egypt	X
Jordan		X
Iran		X*
Iraq	X
Israel	X**
Kuwait		X
Lebanon		X
Libya		X
Morocco	X
Oman		X
Qatar	X
Tunisia	X
Saudi Arabia		X
Syria	X
United Arab Emirates		X
Yemen		X

Source: Law Library of Congress.

* Iran’s Constitution references “equal rights and protection under the law” for men and women, but only in conformity with “Islamic criteria,” and those criteria have historically been interpreted to limit women’s rights.

** Israel does not have a one-document constitution but its Proclamation of Independence guarantees “complete equality . . . irrespective of religion, race, or sex.”

Back to Top

V. Legal Provisions Addressing Domestic Violence

Many Arab countries have adopted legislation to combat the problem of domestic violence. However, countries such as Egypt, Qatar, Oman, and Yemen lack anti-domestic violence laws. In addition, some of the anti-domestic violence legislation of Arab countries, including Morocco, Jordan, and Lebanon, do not criminalize marital rape. Iran currently has no law aimed at preventing domestic violence and protecting women victims of violence, and a bill currently under consideration does not adequately address these issues. The Family Violence Prevention Law, 1991-5751 of the State of Israel, authorizes courts and religious tribunals to issue protective orders, order participation in treatment plans, and order the confiscation of weapons, in accordance with the requirements established by the Law.

Table 5: Legal Provisions Addressing Domestic Violence

Country	No	Yes
Algeria		X
Bahrain		X
Egypt	X
Jordan		X*
Iran	X
Iraq	X
Israel		X
Kuwait	X
Lebanon		X*
Libya	X
Morocco		X*
Oman	X
Qatar	X
Tunisia		X
Saudi Arabia		X
Syria	X
United Arab Emirates		X
Yemen	X

Source: Law Library of Congress.

* Addresses some acts of domestic violence but does not address marital rape.

Back to Top

Prepared by George Sadek
Foreign Law Specialist
February 2020

The following country surveys provide detailed information on the relevant legal provisions of the surveyed countries.

• Arab Countries
• Israel
• Iran

Back to Top

Last Updated: 12/30/2020