Marriage is an important aspect of Libyan society, particularly for women. Marriage norms are shaped by socio-cultural attitudes and legal frameworks. In practice, these socio-cultural norms can restrict legal rights, particularly for women and girls. The position of women has generally deteriorated since the overthrow of Muammar al-Gaddafi (1969-2011) in 2011.
The 1984 Marriage Act lays down the legal basis for marriage. It sets out the legal marriage age as twenty for both sexes, emphasises the importance of the marriage contract, and requires consent from both the groom and the bride, as well as from the bride’s male guardian (wali).
Since 2014, Libya has had two marriage laws due to political and administrative divisions. The 1984 Marriage Act has remained in force in the east of the country since 2011. Since late 2015, the west of the country has applied an amended Marriage Act, which sets the legal age of marriage at eighteen for both sexes.
Marriage below the legal age is legally permissible if consent is given by the guardian and a competent court. However, the law does not specify an absolute minimum age for marriage. According to civil society organisations, the judicial review is often superficial.
Various statistical data show that the number of child marriages began to decline significantly from the 1990s onwards. According to a 2020 report by the United Nations Economic and Social Commission for Western Asia, two factors played an important role in this: under Gaddafi, the legal marriage age of twenty was effectively enforced, whilst young women simultaneously gained greater access to education, particularly higher education, leading them to marry later. There is no information on the causes of child marriage or on any ethnic or regional differences in its prevalence under Gaddafi’s rule.
Even after 2011, child marriages have remained relatively rare. According to sources, child marriages after 2011 have served as a coping mechanism in response to successive armed conflicts, poverty, economic crises, and social and family pressures. Sources state that the attractive government grants for newlyweds introduced in September 2021 have had the unintended consequence of leading to an increase in child marriages. Since 2011, child marriages have mainly occurred in rural and desert areas and among nomadic communities, where tribal customs are more prevalent.
Girls who resist child marriage may face social and family exclusion, as well as violence. Since 2018, a major awareness-raising campaign aimed at parents and girls called 'Not Before 18' (laysa qabla 18 aman) has been running.
Policy
The policy implemented by the Commissioner General is based on a thorough analysis of accurate and up-to-date information on the general situation in the country of origin. This information is collated in a professional manner from various, objective sources, including the EUAA, the UNHCR, relevant international human rights organisations, non-governmental organisations, professional literature and coverage in the media. When determining policy, the Commissioner General does not only examine the COI Focuses written by Cedoca and published on this website, as these deal with just one aspect of the general situation in the country of origin. The fact that a COI Focus could be out-of-date does not mean that the policy that is being implemented by the Commissioner General is no longer up-to-date.
When assessing an application for asylum, the Commissioner General not only considers the actual situation in the country of origin at the moment of decision-making, he also takes into account the individual situation and personal circumstances of the applicant for international protection. Every asylum application is examined individually. An applicant must comprehensively demonstrate that he has a well-founded fear of persecution or that there is a clear personal risk of serious harm. He cannot, therefore, simply refer back to the general conditions in his country, but must also present concrete, credible and personal facts.
There is no policy paper for this country available on the website.