The constitution states there shall be “absolute freedom of conscience” and declares the state will respect all religious groups and denominations, as well as the personal status and religious interests of persons of every religious group. The constitution guarantees free exercise of religious rites provided they do not disturb the public order, and declares the equality of rights and duties for all citizens without discrimination or preference.
By law, an individual is free to convert to a different religion if a local senior official of the religious group the person wishes to join approves the change. The newly joined religious group issues a document confirming the convert's new religion, and allowing the convert to register her or his new religion with the Ministry of Interior’s Personal Status Directorate. The new religion is included thereafter on government-issued civil registration documents, along with mention of the original religion.
Citizens have the right to remove the customary notation of their religion from government-issued civil registration documents or change how it is listed. Changing the documents does not require approval of religious officials (although the religious act of conversion does require such permission).
The penal code stipulates a maximum prison term of one year for anyone convicted of “blaspheming God publicly.” It does not provide a definition of what this entails.
The penal code also criminalizes defamation and contempt for religion, and stipulates a maximum prison term of three years.
By law, religious groups may apply to the government for official recognition. To do so, it must submit a statement of its doctrine and moral principles to the cabinet, which evaluates whether the group’s principles are in accord with the government’s perception of popular values and the constitution. Alternatively, an unrecognized religious group may apply for recognition by applying to a recognized religious group. In doing so, the unrecognized group does not gain recognition as a separate group, but becomes an affiliate of the group through which it applies. This process has the same requirements as applying for recognition directly with the government.
There are 18 officially recognized religious groups. These include four Muslim groups (Shia, Sunni, Alawites and Ismaili), 12 Christian groups (Maronite, Greek Orthodox, and 10 smaller groups), Druze, and Jews. Groups the government does not recognize include Bahais, Buddhists, Hindus, and several Protestant groups.
Official recognition of a religious group allows baptisms and marriages performed by the group to receive government sanction. Official recognition also conveys other benefits, such as tax-exempt status and the right to apply the religious group’s codes to personal status matters. By law, the government permits recognized religious groups to administer their own rules on family and personal status issues including marriage, divorce, child custody, and inheritance. Shia, Sunni, recognized Christian, and Druze groups have state-appointed, government-subsidized clerical courts to administer family and personal status law.
Religious groups perform all marriages and divorces; there are no formalized procedures for civil marriage or divorce. The government recognizes civil marriage ceremonies performed outside the country irrespective of the religious affiliation of each partner in the marriage.
Nonrecognized religious groups may own property and may assemble for worship and perform their religious rites freely. They may not perform legally recognized marriage or divorce proceedings and they have no standing to determine inheritance issues. Members of these groups do not qualify for certain government positions, including ministerial, parliamentary, secretary-general, and director general positions.
The government requires Protestant churches to register with the Evangelical Synod, a self-governing advisory group overseeing religious matters for Protestant congregations, and representing those churches to the government.
The law allows censorship of religious publications under a number of conditions, including if the government deems the material incites sectarian discord or threatens national security.
According to the constitution, recognized religious communities may have their own schools, provided they follow the general rules issued for public schools, which stipulate schools must not incite sectarian discord or threaten national security. Approximately 70 percent of students attend private schools, which despite many having ties to confessional groups, are often open to children of other religions as well. The Ministry of Education does not require or encourage religious education in public schools.
The constitution states “sectarian groups” shall be represented in a “just and equitable balance” in the cabinet and high-level civil service positions, which includes the ministry ranks of secretary-general and director general. It also states these posts shall be distributed proportionately among the recognized religious groups. This distribution of positions among religious groups is based on the unwritten 1943 National Pact, which used religious affiliation data from the 1932 census (the last conducted in the country), and also applies to the civil service, the judiciary, military and security institutions, and public agencies at both the national and local levels of government. Parliament is elected on the basis of “equality between Christians and Muslims.” Druze and Alawites are included in this allocation with the Muslim communities.
The constitution also states there is no legitimacy for any authorities that contradict the “pact of communal existence,” thereby giving force of law to the unwritten 1943 National Pact, although that agreement is neither an official component of the constitution nor a formally binding agreement. According to the pact, the president shall be a Maronite Christian, the speaker of parliament shall be a Shia Muslim, and the prime minister shall be a Sunni Muslim.
The Taef Agreement, which ended the country’s 15-year civil war in 1989, also mandates equal Muslim and Christian representation in parliament, but makes changes to the powers of the Maronite Christian presidency, including subjecting the designations of the prime minister and other cabinet ministers to consultations with parliament. In addition, the agreement endorses the constitutional provision of appointing most senior government officials according to religious affiliation, including senior positions within the military and other security forces. The Taef Agreement mandates a cabinet with seats allocated equally between Muslims (to include Druze and Alawites) and Christians. The Taef Agreement’s stipulations on equality of representation between members of different confessions do not apply to citizens who do not list a religious affiliation on their national registration, and thus may not hold a seat designated for a specific confession.
On June 14, parliament approved a new electoral law replacing the country’s winner-take-all system for parliamentary elections with a proportional vote. The law does not affect the Christian-Muslim proportionality of parliament.
By law, the synod of each Christian group elects its patriarchs; the Sunni and Shia electoral bodies elect their respective senior clerics; and the Druze community elects its sheikh al-aql. The government council of ministers must endorse the nomination of Sunni and Shia muftis, as well as the Druze sheikh al-aql, and pay their salaries. The government also appoints and pays the salaries of Muslim and Druze clerical judges. By law, the government does not endorse Christian patriarchs and does not pay the salaries of Christian clergy and officials of Christian groups.
The government issues religious workers a one-month visa; in order to stay longer, a worker must complete a residency application during the month. Religious workers also must sign a “commitment of responsibility” form before receiving a visa, which subjects the worker to legal prosecution and immediate deportation for any activity involving religious or other criticism directed against the state or any other country, except Israel. If the government finds an individual engaging in religious activity while on a tourist visa, the government may determine a violation of the visa category has occurred and deport the individual.
The country is a party to the International Covenant on Civil and Political Rights.