scholarly journals Progressive Realisation of Muslim Family Law: The Case of Tunisia

Author(s):  
Ashraf Booley

From the time when women's rights were not placed high on the agenda of any state to the time when women's rights are given top priority, Tunisia's gender-friendly legislation requires a fresher look. One would be forgiven for thinking that Tunisia's reforms started after they gained independence from France in the 1950's. In fact, it was during the French Protectorate that reformers started rumours of reform, arguing amongst other issues for affording women more rights than those they were granted under sharia law, which governed family law in Tunisia. After gaining its independence, Tunisia promulgated the Code of Personal Status, which was considered a radical departure from the sharia. It is considered to be the first women-friendly legislation promulgated in the country. It could be argued that Tunisian family law underwent, four waves of reform. The first wave started during the French Protectorate. The second wave started in the 1950's with the codification of Tunisia's family law, which introduced women-friendly legislation. The third wave started in the 1990's with changes to the Code of Personal Status, and the latest wave commenced in 2010. In this article, I analyse the initial, pioneering phases of the reforms resulting from the actions of a newly formed national state interested in building a free society at the end of colonial rule, as well as reforms that have taken place in the modern state since the Arab uprising in Tunisia. As a result of the various waves of reforms, I argue that Tunisia should be seen as the vanguard of women-friendly legislation in the Arab world.

Author(s):  
Boutheina Ben Hassine

This article is a review of the dynamics of the evolution of feminist movements in Tunisia starting in the third decade of the 20th century. These movements took advantage of the influence of the Nahda movement in the 19th century, which prompted the Arab world to modernize education and to involve women mainly in vocational education. The executives of the patriarchal society encouraged polygamy, while the French Protectorate and the Catholic Church targeted Tunisian women as a means of spreading French culture. In the 1920s, the national focus was on the education of women and encouraging their presence in the public space. When journalist Tahar Haddad wrote in favor of abandoning the veil, many nationalists (including President Habib Bourguiba) refused his idea, as the veil was seen as a symbol of Tunisian cultural identity, one transmitted specifically by women. This controversy over the veil is considered the beginning of Tunisian nationalism. By the 1930s, Tunisian women were no longer a central object of polemics and political discussion. They created new feminist associations: The Muslim Women’s Union of Tunisia (1936–1955), the Union of Tunisian Women (1944–1963), and the Union of Tunisian Girls (1945–1963). These associations worked within Tunisian society to help women overcome poverty, economic doldrums, and war, and they participated in Tunisia’s war of independence. Meanwhile, President Bourguiba focused on women in the struggle to modernize the country following independence. The achievement of personal status on August 13, 1956, was a revolutionary event in Africa. The National Union of Women of Tunisia became the machine of President Bourguiba, the “supreme fighter,” to educate women, control birth rates, and build the image of the Tunisian nation. Several women, including Radhia Haddad and Fathia Mzali, were involved in implementing this Bourguibian policy. But this policy led to difficulties—essentially, Bourguiba’s eventual return to a conservative and patriarchal model. The economic crisis of the 1970s deeply affected women, especially female workers in the textile industry. Intellectuals created the Tahar Haddad Club as a response to the hardening of the political regime and the Islamization of society. University women mobilized to create the Association of Tunisian Academic Women for Research and Development (TAWRD), with the motto of equal opportunities for men and women. After Zine El Abidine Ben Ali demolished the Bourguibian regime, he instituted a feminist policy to gain political legitimacy. He encouraged women ministers to promote women’s rights in the Ministry of Social Affairs. Ben Ali’s policy also redefined the prerogatives of the Ministry of Women, Family, and Children. His quest for legitimacy over his predecessor led him to undertake a major reform of the Code of Personal Status (CPS). The Ministry of Women, Family, and Children put more attention into studies and research on women by creating the CREDIF (Center for Research, Documentation, and Information on Women). But all these measures did not prevent Ben Ali’s regime from being fascist. The 2011 Revolution has been of great benefit for women’s rights, despite the rise of religious conservatism and radicalism, because it allowed parity in electoral lists and criminalized violence against women. Feminist associations doubled in number and multiplied actions for equality. More recently, from 2014–2019, the president of the republic, Beji Caid Essebssi, created a committee to enact laws on equality in matters of succession.


Author(s):  
Douja Mamelouk

This chapter focuses on the development of the novel genre in Tunisia. In 1881, Tunisia was transferred from Ottoman rule to French Protectorate, with important implications for the country linguistically and culturally. The difficulties of publishing and the development of nationalism under colonial rule influenced linguistic choices as well as the themes of the novels produced. In the post-independence era, nationalism, secularism, women’s rights, and patriotism became the themes of Tunisian literature in both Arabic and French. Censorship continued to be an issue for writers. This chapter examines the beginnings of the Arabic novel in Tunisia and considers works by Arabophone women writers. Finally, it looks at a number of Francophone novels, as well as novels published after the 2011 revolution.


2020 ◽  
Vol 74 (1) ◽  
pp. 35-65
Author(s):  
Elisabeth Nössing

AbstractThis article discusses the new divorce on grounds of discord procedure (taṭlīq li-š-šiqāq) within the context of the Moroccan family law reform of 2004. Literature available in English and French has, so far, focused primarily on the improvements the Moroccan family law reform has brought in regard to women’s rights. The reform is considered one of the most progressive legislative projects in the MENA region and a milestone for gender equality, notably the reform of divorce law. Divorce on grounds of discord was seen as the long-awaited divorce guarantee for women. However, legal scholars maintained that case law jeopardised the divorce guarantee. This legal-anthropological study is informed by fieldwork at the family court in Rabat, as well as official statistics, case law and the standard legal commentary. It aims to scrutinise how divorce on grounds of divorce is put into practice by the judiciary, how Moroccan men and women make use of it and how changes on a procedural and institutional level affect the implementation of the new divorce procedure. My empirical findings show that divorce on grounds of discord effectively guarantees Moroccan women’s right to divorce. Well beyond the discussion on women’s rights in divorce, I will demonstrate that, within a decade, divorce on grounds of discord developed into a standard divorce procedure for both men and women across socio-economical milieus and age groups.


2018 ◽  
Vol 36 (2) ◽  
pp. 28-52 ◽  
Author(s):  
Elise Franklin

During the Algerian War, Nafissa Sid Cara came to public prominence in two roles. As a secretary of state, Sid Cara oversaw the reform of Muslim marriage and divorce laws pursued by Charles de Gaulle’s administration as part of its integration campaign to unite France and Algeria. As president of the Mouvement de solidarité féminine, she sought to “emancipate” Algerian women so they could enjoy the rights France offered. Though the politics of the Algerian War circumscribed both roles, Sid Cara’s work with Algerian women did not remain limited by colonial rule. As Algeria approached independence, Sid Cara rearticulated the language of women’s rights as an apolitical and universal good, regardless of the future of the French colonial state, though she—and the language of women’s rights— remained bound to the former metropole.


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