Cohabitation in Syrian law

Cohabitation:

The high financial cost of traditional marriage… boredom from old habits… and the desire to discover the other… and individual freedom… in addition to satisfying repressed desires; All are justifications for the phenomenon of cohabitation, which is a phenomenon shrouded in secrecy in the vast majority of its cases.

First, we must clarify the term cohabitation: it is a verbal contract between a single male and female in which they commit themselves to coexistence under one roof and allow themselves to enjoy each other sometimes, and they share in the other aspects of public life in different and multiple forms far from family pressures and social customs, and it does not necessarily mean that A full sexual relationship with the other party, and it does not mean permanent residence with the partner, as there may be real friendships that have nothing to do with sex, so the two parties are treated as cohabiting partners as if they were of the same sex).

It is natural that the Syrian society rejects the idea of ​​cohabitation because it is a conservative society and considers this phenomenon alien to its customs and traditions, but does it mean that this phenomenon does not exist in Syria? It is a modern phenomenon (it did not exist either in Syria or even in Europe when the Syrian Penal Code was issued in 1949 AD) and there is no Syrian legal text criminalizing cohabitation?!

How does the law view cohabitation?

 The Syrian law did not directly address the issue of cohabitation, as it did not explicitly stipulate the issue of coexistence between a woman and a man and the establishment of a sexual relationship under one roof without the link of the marriage contract. Among the personal rights protected by the constitution, but the law sometimes considers cohabitation a crime punishable under the name of adultery, and considers it a misdemeanour against family morals, according to Article 473 of the Syrian Penal Code. If he is married, otherwise the imprisonment is from one month to a year. There is no such thing as cohabitation in the law, but there are exotic marriage contracts that are considered a type of cohabitation and custom approves it. There is no article that prevents or punishes cohabitation between two people without legal marriage, and it cannot be considered as a crime. Adultery unless it is reported to the relevant authorities who summon the two parties (as often happens) to enter into a legal marriage contract

(In the event that a young man and a girl are reported by the neighbors and they are arrested while they are having sex, they are punished by the law with imprisonment if there is no external marriage document). In the case of the existence of this paper, the judge proves their marriage, taking into account that she will become his wife), noting that (in the event that they are arrested because they are in the same house without having sex, the judge is not entitled to hold them accountable, because it is possible that they have a working relationship or any relationship other than sex and love).

Thus, we see a legal contradiction. On the one hand, it permits sexual relations between a woman and an adult man, and on the other hand prohibits it. It is important to emphasize the necessity of recognizing this phenomenon and addressing the imbalance in the texts of the law so that it remains at the same pace, so this issue is resolved and addressed through the (cohabitation) legislation with a special contract. Protects the parties. Personal freedom will not come separate from the rest of the laws, and the radical change that occurred in the view of the institution of marriage according to the great openness that the world witnessed, and the great ability to communicate with the external environment and learn about new lifestyles does not seem as bad as it is stigmatized in eastern societies. Note that entire societies view individual life and its freedoms as a sacred matter that must not be compromised in the interest of customs and traditions. Communicating with the world and joining the global community requires acceptance of its solutions to various economic and social problems.

Article link In Arabic:

المساكنة في القانون السوري

شاهد أيضاً

Civil marriag

The issue of civil marriage has recently sparked a great debate in social circles. Opinions …

اترك تعليقاً

لن يتم نشر عنوان بريدك الإلكتروني. الحقول الإلزامية مشار إليها بـ *