Introducing the Lebanese Legal System and Research

Lara Eid Jreissati is an international lawyer and political analyst, specializing in International Criminal Law, Humanitarian Law, and Human Rights Law. She holds a master’s degree in Euro-Mediterranean Cultures and Policies from the International Telematics University in Rome, Italy. She served as a consultant with the Special Tribunal for Lebanon (STL) in The Hague. She represents individuals and NGOs on a wide range of issues. She collaborates with legal teams across the United States, Europe, and the Middle East. An active member of the Beirut Bar Association’s Human Rights Institute, she has lectured and published on human rights issues.

1. Introduction

Situated in the Middle East, Lebanon is a small country on the east coast of the Mediterranean. It is bordered on the north and east by Syria and on the south by Israel with a total area of about 4,014 square miles. Lebanon’s population is about six million, including about two million Palestinian and Syrian refugees.[1] Beirut, the capital city, and its suburbs contain nearly half of the Lebanese population. While Arabic is the official language, French and English are also widely spoken. Despite its small size, Lebanon has had immense cultural influence. It is one of the most liberal countries in the region. Approximately fourteen million Lebanese are thought to live abroad primarily in South America and Africa.[2]

Lebanon is diverse both religiously and culturally. Throughout its history, it has been the stage for conflicts between local tribal people and world powers. After the Ottoman Empire and the French Republic ruled Lebanon, Lebanon obtained its independence in 1943. From 1975 until 1991, civil war raged in Lebanon. Thereafter a democratic government gradually regained power. Following the war, Lebanon witnessed a period of calm and prosperity. This period lasted until February 14, 2005, when Prime Minister Rafic Hariri was assassinated. In the aftermath of the assassination, civil unrest coupled with international pressure led Syria to withdraw its troops from Lebanon. The Syrian withdrawal came after twenty-nine years of occupation. Since then, there has been significant unrest. In July 2006, there was an invasion by Israel and dozens of politically motivated assassinations followed by sectarian clashes.

After PM Hariri’s assassination, the United Nations established the Special Tribunal for Lebanon (STL) to try those responsible. The STL has provoked controversy and tension in Lebanon primarily due to the political divisions that exist. Lebanon is split into two main coalitions. One is influenced, or controlled, by a Sunni group, headed by the son of former PM Rafic Hariri.[3] The other is influenced, or controlled, by the Shia group, Hezbollah. Christians make up about 35 percent of Lebanon’s population and are divided evenly among the two coalitions. Between May 2014 and when President Michel Sleiman’s term ended in October 2016, Lebanon was without a President. This was because the Parliament failed to meet the required quorum when nationwide elections were finally held.[4] Hezbollah obtained a majority of seats. The New York Times reported, “Hezbollah and its political allies expanded their share of seats in Lebanon’s Parliament, increasing their political clout at the expense of the country’s Western-backed prime minister….”

After the election of Michel Aoun in 2016, Lebanon faced many challenges including economic stagnation, electricity shortages, and significant infrastructure problems. In 2019, protests erupted over the economic crisis to calls for systematic political reforms. The banking system collapsed, and all depositors lost their money. Amid the protests, Prime Minister Saad Hariri resigned, forcing the government to step down and causing an economic collapse. Lebanon’s currency lost more than 90% of its value by the end of 2019. This exacerbated inflation and unemployment.

In 2020, a massive explosion at the Beirut port took things from bad to worse. Also, in 2020, COVID-19 hit worldwide with strength in Lebanon, which had an already fragile economy. In addition since the October 7, 2024 attack by Hamas, tensions between Hezbollah and Israel have escalated.

On January 9, 2025, army chief Joseph Aoun was voted president amid verbal clashes with lawmakers following twelve previous attempts over the course of more than two years to elect a successor to former president, Michel Aoun–no relation–whose term ended in October 2022. See also Mathias Hammer, Lebanon Elects US-Backed Army Chief Joseph Aoun as President, Semafor (March 20, 2025); Nick Vivarelli, Lebanon Elects President Following a Two-Year Power Vacuum Signaling a Weakened Hezbollah, Variety (January 9, 2025); and William Christou, Lebanon Elects Joseph Anoun as President After Twp-Year Vacancy, The Guardian (January 9, 2025).

2. Legal System Evolution

The Republic of Lebanon was a part of the Ottoman Empire for about four hundred years. The Ottoman system had three court systems: one for Muslims, one for non-Muslims, and a ‘’trade court.’’ In 1926, Lebanon became a parliamentary democratic republic governed by a written constitution. At the end of World War I, it became a separate political entity under French mandate. In 1943, Lebanon gained full independence, adopting a power-sharing mechanism based on religious communities.[5]

3. The Constitution

The Constitution was adopted on May 23, 1926.[6] It has been amended several times, most notably on the 21st of September 1990 when it put an end to the civil war.[7] Lebanon is an Arab country by allegiance and identity and a founding member of the Arab League. Lebanon is a parliamentary democracy. Its Constitution promotes and guarantees personal freedom.

Lebanon is governed by customary rule. It provides that the three key positions in the state are distributed among the three main sectarian communities: the President must be a Christian Maronite, the Prime Minister must be a Sunni Muslim, and the Speaker of the House must be a Shia Muslim. Although this rule has been in place since Lebanese independence in 1943, the Constitutional Amendment of 1990 altered the functions and authorities of each of the respective positions to restore a balance dictated by the demographical evolution of the Lebanese population. The Muslim Sunni and Shia gained more power since the Taif Agreement at the expense of the Christian community.

The 1990 Amendments shifted the balance of executive power from the Presidency of the Republic to the Council of Ministers. The Constitution guaranteed basic individual rights and freedoms and provides for a parliamentary form of government based on the democratic principles of the protection of individual rights and freedoms.[8]

The Constitution divides power between the legislative branch and the judicial branch. The most unique feature of the Lebanese Constitution is the requirement to have religious communities represented in the formation of the Council of Ministers and the selection of members of Parliament. This transformed the Lebanese political system into a confessional régime,[9] where religious affiliation determines the extent of one’s political rights and privileges.

4. The Legislative Branch

The Constitution acknowledges that the Parliament’s makeup is based on sectarian distribution. The Parliament convenes during two sessions.[10] The President may with the consent of the Prime Minister call the Parliament to meet in extraordinary session. He must call an extraordinary session if a request is made by a majority of the deputies. A simple majority is required to secure a quorum and to pass a law.

The Parliament has the power to legislate and oversee the performance of the cabinet. It may also confirm to disapprove of its ministers and vote them out of office. The Parliament elects the President of the Republic and it ratifies certain categories of international treaties and agreements and approves the annual budget. Each member of Parliament has immunity from prosecution for his opinions and ideas.

5. The Executive Branch

5.1. The President

The President is the head of the State. He presides over the high council for national defense and is the ultimate commander of the armed forces. The President is immune from prosecution except if he commits “high treason or violates the Constitution.”

Under the Constitution, the President must be assisted by the ministers in the discharge of official duties.[11] The President appoints the Prime Minister after a mandatory parliamentary consultation. He presides over cabinet meetings and makes appointments to public office. The President negotiates international treaties and proposes new legislation.

Parliament elects the President by a two-thirds majority in the first round or an absolute majority in the second round. In practice, presidents are elected by consensus, and one candidate has always secured a majority of votes before entering the election session. The President is elected to a non-renewable six-year term. Nonetheless, by constitutional amendment, two of the last four presidents have served for nine years.

Lebanon’s parliament, responsible for electing the President, has failed for two years since Suleiman’s term ended to meet the two-thirds quorum required to hold an electoral session. Consequently, Lebanon has been without a President for two years. This was the longest time in Lebanon’s history the post was vacant. General Michel Aoun ascended to the presidency in 2016, and his term ended on October 31, 2022. Lebanon has again faced a presidential vacuum since then, with Parliament unable to elect a new President due to political deadlock and factional divisions. As of 2023, the country remains without a President, deepening the political crisis and contributing to Lebanon’s ongoing economic collapse and instability. Joseph Aoun was elected as Lebanon’s president in 2024, ending the presidential vacuum.

5.2. The Prime Minister

The Prime Minister (PM) is the actual head of the executive branch. He presides over the cabinet, is its spokesman, and is responsible for the implementation of its policies.

The PM is appointed by the President in consultation with the Parliament. Each act of the President must be approved by the PM, except for the decree appointing the PM and the decree accepting the resignation of the government. Although the President may negotiate and ratify international treaties, the signature of the Prime Minister is required. The Prime Minister is the deputy commander of the High Council of National Defense. The PM and the President appoint jointly the ministers. The PM sets the Cabinet’s policies and strategies and presents them to Parliament, convenes the Cabinet, sets its agenda, and coordinates the work of various ministries.

5.3. The Council of Ministers, or the Cabinet

The Cabinet is chosen by the Prime Minister in consultation with the President of the members of the National Assembly. The Cabinet oversees executive functions. It sets policies, implements rules and regulations, appoints public servants, and sets the budget.

The Cabinet is considered dissolved by law in the following cases: resignation or death of the Prime Minister, loss of one-third of its members, the beginning of a new presidential mandate, a new parliamentary mandate, or impeachment by the Parliament. During 2016-2017, the head of state was absent, so presidential powers were transferred to the cabinet pursuant to the Constitution. The current cabinet, formed in February 2019, consists of Prime Minister Saad Hariri and twenty-nine other ministers. Hariri resigned in October 2019 amid protests, and Hassan Diab took over but resigned after the Beirut explosion in August 2020. Nagib Mikati formed a new government after eleven months of deadlock, but since Michel Aoun’s departure, Lebanon has been governed by the government, led by Prime Minister Najib Mikati. The caretaker government has limited powers and is unable to implement major reforms or address Lebanon’s ongoing economic crisis.

In January 2025, Lebanon’s new president Joseph Aoun asked prominent diplomat and jurist Nawaf Salam to form the country’s new government after Salam was named prime minister by a large number of legislators. On February 8, 2025, he announced a twenty-four-member cabinet after weeks of negotiations with various political factions. This government aims to implement financial reforms and oversee reconstruction efforts following the recent conflict between Israel and Hezbollah.

6. The Judiciary Branch

The Supreme Judicial Council: The Supreme Judicial Council–headed by the Chief Justice of the Court of Cassation (Supreme Court)–appoints and trains all Lebanese judges. The judiciary is comprised of ordinary courts (criminal and civil) and exceptional courts.

Civil Courts: Civil courts are divided into:

• First-degree courts: They are headed by one judge or a panel of three judges. They have jurisdiction over civil claims. One judge is generally assigned cases of lesser value, while the three-judge panels have higher value cases.
• Courts of Appeal: There are six appellate courts, one located in each district or Mohafazat. They are each divided into chambers with one presiding and two associate judges and are mandated to serve as a second-degree court reviewing the decisions of the lower court.
• The Court of Cassation or Supreme Court sits in Beirut: It is organized into four divisions, each with a presiding judge and two associate judges. The Court of Cassation is Lebanon’s highest court. Cases from all courts may eventually be appealed to the Court of Cassation.

The Commercial Courts: The Commercial courts hear and decide commercial matters.

The Criminal Courts: The first-degree or trial courts hear felonies and misdemeanors subject to the review of the Court of Appeal. The Court of Appeal serves as a second-degree or appellate court for felonies and misdemeanors and as a first-degree or trial court for more serious criminal offenses.

Constitutional Council: It was created in 1990 to consider and rule upon any claims related to parliamentary or presidential elections. It has ten members who serve five-year terms. Five are appointed by Parliament, and five are appointed by the Council of Ministers. Its principal function is to ensure that laws conform to the Constitution.

Administrative Courts: The highest administrative court is the Shoura Council, mandated to draft and review legislation promulgated by the legislature and to serve as the highest administrative court in charge of reviewing decisions of first-degree administrative courts.

The Personal Status Courts: The Sharia Courts are divided into Shia and Sunni units, which settle matters of personal status in their respective community.[12] The Ecclesiastical Courts are divided into Christian and Jewish divisions, and they settle matters of personal status for their community members. Personal status matters include marriage, divorce, child custody, etc.

Other courts of specialized jurisdiction include the Labor Court, Land Court, Military Court, and Juvenile Courts.

7. Conclusion

Lebanon was a pioneer in gaining independence in 1943. Notably, Lebanon has become a democracy, while its neighbors remain more authoritarian. Throughout history, Lebanon has been somewhat unique. It was the only country to gain a sort of “self-independence” during the Ottoman Empire. This was due, in large part, to Western cultural influence primarily through the education system. The American University of Beirut, founded by Daniel Bliss in 1866, and Saint Joseph University, founded by the Jesuits in 1875, had (and continue to have) significant impact.

The Lebanese constitution has a firm democratic basis. The limited terms of office for members of Parliament (four years) and President (six years) are somewhat unique in the region. The process has been tested several times recently. The Syrian occupation between 1976-2005 followed by other events, including the assassination of Prime Minister Rafic Hariri and the 2012 assassination of the intelligence chief, have kept the situation somewhat tense. This was followed by the conflict in Syria; the refugee crisis; the Beirut port explosion that deepened public distrust in Lebanon’s ruling elite; the economic and financial meltdown; the lack of political will to address Lebanon’s deep-rooted problems; general unrest in the Middle East; and the war between Hezbollah and Israel which displaced approximately 1.2 million people and led to the death of Hassan Nasrallah(the leader of Hezbollah); and the collapse of the Assad regime in Syria. All these recent events have significantly reshaped the political landscape with profound implications for regional dynamics–Lebanon’s democracy continues to be tested.

All things considered, there is cause for a positive outlook, despite the region’s continued uncertainty. The elections of President Joseph Aoun and Prime Minister Salam and the formation of a new promising government have been interpreted as moves toward stabilizing Lebanon’s political scene.

8. Further References

• The Lebanese Official Gazette: Laws, decrees, official decisions, official declarations, legal provisions, lawsuit announcements, commercial register announcements, and more. It is available in Arabic and has selective coverage, currently showing laws for 2015-2018.
• Al Adel Journal is a quarterly legal journal containing articles and jurisprudence.
• Sader Publication and Database includes a collection of Lebanon’s laws, legislative and regulatory texts, and jurisprudence.
• Al Mostachar includes a collection of Lebanon’s laws, legislative and regulatory texts, and jurisprudence.
• Hatem Publication is a periodical publication containing references to jurisprudence and court decisions.
• Idrel Program (Institute for Documentation and Research on Lebanon) contains Lebanese court decisions and legal software Al-Marjaa Cassandre.
• Al Halabi Publications specializes in law book publications.

Websites Offering Access to Selected Number of Laws:

• Lebanese Parliament
• Presidency of the Republic of Lebanon (in Arabic)
• Ministry of Justice

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[1] 1 As of March 2023, the United Nations Relief and Works Agency (UNRWA) confirmed 489,292 refugees registered in Lebanon. See the UNRWA website. The United Nations High Commissioner for Refugees (UNHCR) indicated there were more than 1.5 million Syrian refugees in Lebanon. See the UNHCR.

[2] See the discussion about how well the Lebanese are doing outside Lebanon. “By and Large, [Lebanese] find business easier elsewhere than … in their fragile motherland.”

[3] Saad Hariri was Prime Minister briefly following the assassination of his father. Saad Hariri now lives in Paris.

[4] See Ya Libnan noting that the Lebanese Parliament has failed twenty-three times in a row to replace Michel Suleiman.

[5] See materials on Lebanese Legal System at Mallat.com. The page lists several helpful resources in English including: A Primer on the Lebanese Legal System (a posted article by Chibli Mallat, The Lebanese legal system); Bibliographical Survey of Lebanese Law; Law and Commerce; Arbitration; Lebanese Law in general; and more.

[6] See Lebanon: Constitutional Law and the Political Rights of Religious Communities, Issam Saliba Senior Foreign Law Specialist, December 2010. This report is based on a speech delivered by the author as a guest Speaker at the Lebanese American University, Beirut, Lebanon, in 2009. The full report is available at the Library of Congress.

[7] This is the so-called “Taif Accord’’ signed by Lebanese Parliamentarians in Taif Saudi Arabia in 1989.

[8] The right against arbitrary detention, the right to private ownership, the right to be secure in one’s domicile, and other essential protections.

[9] The Lebanese Confessional system, in theory, is intended to enable peaceful co-existence by allotting power to each group according to its demographic. Lebanon is a society of minorities, which makes it extremely sensitive to demographic changes (refugee influx) or external forces. For this reason, minor changes can trigger instability. See CJPME Factsheet: Understanding Lebanese Confessionalism.

[10] The first Tuesday after March 15th-31st of May/the first Tuesday after October 15th-31st of December.

[11] Article 52 of the constitution specifically states “…concerned ministers countersign with the President on all presidential decisions except those decisions relating to the appointment and dismissal of ministers.’’

[12] See, In Lebanon, a Tangle of Religious Laws Govern Life and Love, Anna Louie Sussman, September 29, 2011 for a more detailed explanation.