RELIGION AND JUDICIAL JURISDICTION CONFLICTS IN PERSONAL STATUS & INHERITANCE AFFAIRS
Manal Ahmad ShebaroIn light of the philosophy underlying the Lebanese legal system, which is based on accommodating the multiplicity of personal status laws; specifically the family system for individuals in relation to marriage, parenthood, and related matters, according to the different sects and recognized religious denominations, which form an exception to the general legal system known as civil law, the general rule governing other relationships; the study aims to analyze the impact of religion on determining judicial jurisdiction in international and internal relations related to inheritance and personal status affairs. The objective of this study is as follows: • To shed light on some points of contradiction resulting from legislative shortcomings, which have been clarified by jurisprudence and doctrine, and to establish logical solutions to achieve a balance between the available legal texts, ensuring their applicability in a way that aligns with the interests of individuals in society and guarantees the protection of their rights. • To classify the issue of the exclusive jurisdiction of religious courts in terms of inheritance and personal status affairs. • To adapt the proposed solutions for the conflict of judicial jurisdiction in inheritance and personal status affairs and to examine the outcomes on both international and domestic relations. • To determine whether these solutions can be classified into one of two categories: Contradiction and conflict, leading to the obstruction of implementation, OR integration, to align with the interests of individuals and ensure the protection of their rights, which facilitates the flexibility of executing judgments. • To facilitate the acceptance of specialists in disputes of an international or domestic nature, particularly regarding the conflict of judicial jurisdiction in inheritance and personal status affairs, and to guide them towards the best applicable solutions.