Libya: The Hidden Crisis of Child Marriage

“Every day, I feel trapped. A prisoner in my own home.

I yearn for freedom, for a chance to live my own life”

Child marriage continues to be a prevalent practice in Libyan society, influenced by cultural traditions and societal norms that allow for the marriage of girls under the age of 18. While Law No. (10) of 1984 clearly sets 18 as the minimum age for marriage, judicial authorizations can however bypass this provision, enabling the marriage of underage girls. This practice, often influenced by societal and familial pressure, affects girls as young as 15, who are forced into marriage. Evidence also indicates that some of these girls give birth as early as 14 years of age.[1]

In this matter, Libyan family court judges hold the authority to grant marriage authorizations for minors based on a subjective decision by an individual judge, serving as a prerequisite for the validity of a marriage contract involving a minor. While this provision is theoretically intended to ‘protect’ the best interests of minors and grant judges’ discretionary power to assess the necessity and benefit of the marriage, it is not grounded in medical, psychological, or social evidence. Instead, it often relies on the immediate judge's subjective observation of the minor's physical appearance. In addition, , practice shows that these assessments are frequently disregarded, as judges may issue authorizations under pressure, particularly from fathers, who hold guardianship and custody over their daughters. Consequently, marriage authorizations are often granted without a thorough evaluation of the minor's welfare or the essential criteria of necessity and benefit. Furthermore, social pressures continue to be a significant driver of child marriage in Libya. Girls who refuse marriage proposals or resist familial pressure may face severe consequences, including ostracism, exclusion from family support, or even violent reprisals.

For those who yield to these pressures, they often experience a range of negative outcomes, such as disrupted education, early pregnancy, economic dependency, domestic violence, divorce, and trauma. In fact, maternal mortality rates are alarmingly higher among child brides in Libya due to their physical and emotional immaturity, often amplified by limited education and self-awareness. The profound physical and adverse mental effects experienced by young girls is often associated with such severe medical risks, occurring during pregnancy and childbirth, such as frequent miscarriages, premature deliveries, and an increased likelihood of caesarean sections.[2]

The Marriage Facilitation Fund,[3] established by the GNU, has contributed to a rise in child marriages. The fund, which provides a marriage grant of 40,000 LYD (worth around $8,700), allocated equally between spouses, is particularly appealing to families experiencing severe financial hardship due to widespread cash shortages in Libya since 2014. Economic vulnerability has led families to resort to child marriage as a means to access the financial relief offered by the fund. Some families may also view early marriage as a way to reduce their financial responsibilities and their parent guardianship.

According to a letter issued by the President of the Supreme Court and the Supreme Judicial Council Muhammad Al-Hafi[4], on September 15, 2021, addressed to the head of the Government of National Unity, in the decision to marriage financial granting based on these contracts are not intended for the purposes sought by Islamic law and norms, but rather the intention may be to obtain the financial compensation prescribed for each party to the union.

The Fund, although designed to allegedly empower young Libyans and foster social cohesion following a decade of political division, has faced criticism for its failure to include legal safeguards against the marriage of underage girls. Within just a few months of its launch, approximately 940 marriages were registered in the final quarter of 2021, with many of which involved significant age gaps, with the widest reaching 38 years and some girls as young as 12 years old being compelled to marry.[5] This practice, however, disregards the significant mental and physical risks borne by minor brides, who face heightened dangers such as increased maternal mortality rates and severe mental health issues, including depression, anxiety, and PTSD. In addition to the significant increase in divorce rates since the establishment of the Marriage Facilitation Fund, Libya has been ranked first among Arab countries in divorce rates for the year 2024, according to a report published by the specialized website "Data Pandas" on global divorce statistics[6].

The practice of child marriage affects vulnerable populations, such as Libyan Internally Displaced Persons (IDPs)[7] and stateless communities. IDPs, who often live in precarious conditions, resort to early marriage as a means of financial stability, viewing government marriage grants as a temporary solution to economic distress. Communities deprived of the right to nationality in Libya ‘Stateless’ - similarly, are deprived of essential services, see child marriage as a pragmatic, if not essential, strategy to circumvent statutory marriage procedures and age restrictions, particularly in southern Libya, where customary marriages under Sharia law are more prevalent. Following customary marriages and the birth of children, couples often seek legal recognition of their partnership and the parentage of their children through the courts. This process allows them to formalize their relationship and secure legal rights. In contrast, northern Libyan regions tend to view customary marriages unacceptable, with societal norms generally discouraging them.

The exact number of underage marriage cases in Libya remains unknown due to the absence of official courts records or the inability to access them. This documentation gap can be largely attributed to the political conflict and the country's enduring state of division since 2014. The number of beneficiaries from the Marriage Facilitation Fund in Libya has exceeded 50,000 individuals since the disbursement of the grant on September 5, 2021.[8] But the great demand for the grant has been pursued by people who sought financial interest, which has resulted in an increase of divorce cases. Between 2021 and 2024, OMCT has been informed of a significant increase in divorce rates particularly in southern Libya, especially among female minors born in 2008. According to the same source, district courts in the southern towns of Sabha, Al-Bawanis, Brak, Wanzarik, Um Al-Arnab, Murzuq, Bint Baya, Ubari, and Ghat have recorded approximately 21,089 divorce cases—accounting for 30% to 40% of total marriages in these areas. Additionally, the courts have documented 1,390 authorized cases of child marriage involving minors under 18 during the same period.

Despite awareness-raising campaigns by local civil society organizations like the “Not Before 18” campaign,[9] the Libyan authorities have failed to take significant action to address the issue of child marriage. The resulting adverse health consequences constitute violations of children's rights as enshrined in international and regional legal instruments, including the Convention on the Rights of the Child (CRC), the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol)[10], the African Charter on the Rights and Welfare of the Child, and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The Libyan government, however, has entered reservations to Article 2, concerning discrimination against women, and Article 16 sections (c) and (d), addressing the equality of rights.

OMCT and LAN urge the Libyan government to take immediate and comprehensive measures to combat child marriage by:

• Prohibiting marriage of children under 18 years of age in all circumstances.
• Prohibiting the use of Marriage Facilitation Fund as an incentive for child marriage, and ensuring the enforcement of the already-imposed age restrictions for eligibility.
• Conducting national awareness campaigns to educate communities on the legal and health implications of child marriage, with a focus on high-risk regions.
• Providing economic assistance and social services to vulnerable communities to alleviate their dependence on child marriage.
• Promoting mental health and counselling services for young girls affected by early marriage.
• Establish sustainable partnerships between the Ministry of Social Affairs, civil society organizations, and national institutions to provide comprehensive support and protection for girls at risk of early marriage.
• Amend national legislation to ensure full compliance with international conventions and treaties ratified by Libya, particularly those addressing child marriage and related human rights issues.

OMCT and LAN call upon the Libyan government to adopt these measures as part of a steadfast commitment to uphold children rights and well-being, aligning national laws and practices with established international human rights standards.

[1] Marriage of Minors in Libya, Al Araby, 3 November 2018

[2] Child Marriage in Libya: Ignored by Society, Unprotected by Legislation, The Legal Agenda, 7 May 2019

[3] Libyan Marriage Facilitation Fund Website.

[4] Letter issued by The head of the Supreme Judicial Council to the National Unity Government. 15 September 2021.

[5] The Marriage of Minors in Libya is a Legislative Cover with Paper and Government Support with Money, Al Quds Al Arabi, 6 November 2021

[6] divorce rates in Arab countries for 2024.

[7] Displacement-based Discrimination Impeding Access to Personal Documents, Sada, 16 September 2024

[8] Libyan Marriage Facilitation Fund Website.

[9] Combatting Child Marriage in Libya with the “Not-Before 18" campaign, NDI, 20 January 2022

[10] Libya has ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child in 1989. Additionally, Libya acceded to the African Charter on the Rights and Welfare of the Child in 2000 and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa in 2004.