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Code Of Personal Status Tunisia

Code of Personal Status
Title
Country Flag of Tunisia Tunisia
Type Legal code
Branch Family Law
Government Bourguiba government
Adoption Order
Promulgation 13 August 1956
Current version 4 March 2008
Text (En) Tunisia Jurisite
change Consult the documentation of the model

The Personal Status Code (PSC) ( Arabic : ) consists of a series of laws progressive Tunisian , promulgated on 13 August 1956 by decree Bey then came into force on 1 January 1957 , aiming to introduce the equality between men and women in many areas. The CSP is one of the most famous acts of Prime Minister and future President Habib Bourguiba nearly five months after the independence of his country.

It gives women a unique place in Tunisian society and in the Arab world in general, including abolishing polygamy , creating a judicial proceeding for divorce and that allow the marriage only under mutual consent of both spouses.

Bourguiba's successor, Zine el-Abidine Ben Ali , do not call into question the CSP and it even brings changes that reinforce it, particularly with the amendment of 12 July 1993. But this feminist politics , undoubtedly entering into a policy of modernization of the country still faces conservative attitudes of some of the Tunisian society influenced by the rise of Islamic politics during the 1980s.

Summary

Background

Portrait of Tahar Haddad

The woman question is a recurring theme in Tunisia, more than in any other country in the Maghreb the region . It is gradually asserting individualism which follows from the time Bey that "on the eve of the introduction of the French protectorate , would engage in a process of reforms to restructure its report to the society in a modern national perspective " . However, the period preceding the enactment of the CSP is relatively poor in terms of legal facts relevant to personal status and must therefore wait for the CSP is a departure from previous attempts and proposals explains that the future of the Islamic civilization is linked to its modernization . In 1897 , the shaikh Mohamed Snoussi publishes the blossoming of the flower or study on women in Islam where it promotes girls' education and other thinkers who have all defended the idea of modernism , published Our Women in Sharia and society . Although at the time, about Haddad are condemned by the Conservatives, almost all calls will be taken into account when drafting the CSP as the required consent to marriage, the creation of a divorce and the abolition of polygamy. The failure of Haddad put these wishes in his lifetime is reflected in the later success of Habib Bourguiba :

"He . "

At the same time, Shaikh Mohamed Fadhel Ben Achour , who was also Mufti of Tunisia and President of the Zaytuna University , publishes his fatwa , the result of ijtihad staff . Meanwhile, the reformist newspaper Ennahda publishes poems of Abu el Kacem Chebbi who participates on a smaller scale compared to Haddad, the defending women's rights . In 1947 , Mohamed Abdelaziz Jait, former Minister of Justice who later opposed the CSP and author of a Majallah codified personal status law and real estate , is launching a first and tentative attempt at reform to unify the doctrines Maliki and Hanafi , the majority in Tunisia, which finally gives nothing . Without women, absent from the Tunisian press at the time, under closes but have met Ben Yahmed Dorra Bouzid , while a student at Paris , and recruited to revive the topic . On 13 June 1955 , Bouzid, whereas only female newspaper publisher in the eighth issue of the journal, an article written under the pseudonym of Leila and titled "Appeal for the right to emancipation" . On the occasion of the promulgation of the PSC, she wrote on 3 September 1956 , a two-page special in Issue 65 of the magazine, an article titled "Women are major Tunisian" with an editorial pointing out the collaboration in its development of two Sheikhs : Mohamed Abdelaziz and Jait Mohamed Fadhel Ben Achour . In 1959 , Safia Farhat and Bouzid cofondent Faiza magazine, which, although it ceased publication in December 1969 , remains popular in North Africa and more generally in Africa as the first Arab women's magazine francophone Africa .

Founding

The PUC established in positive law , for the first time in an Arab Muslim country , the principle of consent of both spouses as a rule of validity of any marriage . The traditional Muslim marriage law , however, provided the mutual consent of both spouses , the difference being mainly positive codification of this right.

In addition, the PUC establishes a minimum age requirement for marriage at first limited to 18 years for men and five women, increased age at first two years for both spouses by Decree No. 64 - 1 of 20 February 1964 , before the law No. 2007-32 of 14 May 2007 only unifies to 18 years for both genders . The text states that "beneath this age, the marriage can be contracted only by special permission from the judge that the grant only for serious reasons, in the best interests of both future husband " . In the same case, consent to marriage of minor must be given by the next of kin must meet three conditions: "to be sane, male .

The CSP also prohibit marriage between a man "with its ascending and descending, with her sisters and descending at infinity of his brothers and sisters, aunts, great aunts and great-aunts' and "with the woman he had been divorced three times" . The polygamy , although relatively marginal at the time , is also prohibited , although the second marriage is not "formal" : "Whoever, being bound in of marriage, has contracted another before the dissolution of the former, be liable to imprisonment for one year and a fine " . To justify this, Bourguiba refers to a sura of the Qur'an :

"We have complied with the spirit of the holy book . "

This Sura states that "it is permissible to marry two, three or four among the women of your choice, but if you fear of not being fair with them, then only one, or slaves that you have. This is to avoid doing injustice " . Bourguiba, the condition of equality between the wives is impossible to ensure the prohibition of polygamy is therefore legitimate . And, leading the Tories, he adds:

"The defenders of polygamy should accept in a spirit of fairness, the woman is polyandrous in infertility of the spouse . "

The CSP also states that "each spouse must treat their spouse with kindness, maintain good relations with and avoid causing injury " , thus abolishing the duty of obedience of the wife in respect of her husband . At the same time, the text requires the woman who is in possession of goods to contribute to family expenses while the husband no longer has any power to administer the property belonging to the woman .

Until 1956, the divorce is the essence of the man who can repudiate unilaterally his wife with a simple declaration witnessed by two witnesses . Instead, the PUC establishes a procedure for divorce which "can not take place before the court " and causing the "dissolution of marriage" . The same court granted a divorce in cases of mutual consent of both spouses and at the request of one spouse against prejudice he has suffered . It is also stated that "the material damage will be repaired . Once again, Bourguiba is justified by the provisions of the Qur'an .

The PUC also establishes the principle of equality of men and women in terms of citizenship . Moreover, if the child does not own property, the costs necessary for its maintenance are taken from those of the father .

Successive reforms

Politics of Habib Bourguiba

Political action earlier

Radhia Haddad writes in his autobiography Word of women :

"At the dawn of independence, the oldest and most glaring injustice was the status of women . "

Official photo of President Bourguiba

Helping to lead the campaign to modernize Tunisia , Habib Bourguiba found in each of his speeches on the occasion to criticize the attitude of gender , means the hijab as a "miserable rag" or "appalling shroud" or even as a "sinister shroud that hides the face" and uses the science to ridicule the issue of virginity at marriage . The Tunisian hear his appeal, reveal themselves and are frequently called upon to settle a dispute with their spouses . The latter still installment for women and "be done throughout the 1960s their tireless advocate" .

You should know that Bourguiba had always attached a cult to her mother, Fatuma, who died in 1913 , prematurely as the head of state . In several of his speeches, his memory returns and depletion generated by the dual function of wife and mother part of his denunciation of the status of women in society traditional Tunisian . While these statements may be regarded as sincere - other presentations have shown a certain hostility to the traditional home of the time - it should be remembered that the memory of his mother plays no role in its position policies regarding the status of women during the French protectorate .

In this context, on the eve of independence, there is no real political movement closely based on the claim of women's rights . Existing institutions are political parties, and while these rights are subjects of discourse, they do not then the political agenda and Tunisians vote for the first time in the municipal elections of May 1959 and, later, presidential and legislative elections of November 1959 . But the only law that is unanimous among women's organizations is the education Further reforms

On 10 August 1956 , Bourguiba, then prime minister, devoted his entire speech to the PUC that would be issued three days later . He describes it as "radical reform" that would make marriage "a matter of state , an act which must be supervised by the public law and society as a whole " . Written by a dozen lawyers in most Arabic-speaking , under the direction of the Minister of Justice Ahmed Mestiri , the CSP is passed in the wake of independence and even before the drafting of the constitution . Grouped into twelve books , it gives women a unique status in the Muslim world . Proclaimed on 20 March 1956 and promulgated on August 13 of that year ( 6 Muharram 1376 ) by decree Bey of Lamine Bey , the CSP shall enter into force on 1 January 1957 . This act is part of a series of reforms affecting other aspects of the impact of religion on society. Thus, the May 31 , the habous public had been removed while the private habous will be the July 1, 1957

). On August 3 , replace the secular courts religious bodies while the Law of 27 September 1957 closed down the rabbinical court of Tunis . Their numbers are integrated under the common law judges . On 10 January 1957 , wearing the hijab is banned in schools . As for the decrees of 29 March 1956 and October 1, 1958 , they aim at the Zaytuna University is closed on the same basis as other madrassas . Yet, more than the interests of modernization, there is also the need to destabilize a major focus of political opposition based on religion .

In the years following independence, women won the right to work, travel, open bank accounts and establish businesses without the permission of their husbands is requested . On 1 July 1965 , a statute authorizes the abortion , both for social reasons than therapeutic . By the early 1960s , women are encouraged to limit their offspring and the contraceptive pill is made available for free throughout the country , thereby nullifying the law French who, in 1920 , was banned any form of contraception . A law of March 1958 imposes civil marriage and, 14 December 1960 , another law limits to four the number of children receiving family allowances . Bourguiba creates the Union of Tunisian Women (UNFT) in 1956 which is responsible for conducting the propaganda in favor of her feminist politics . In a speech held on 26 December 1962 , Bourguiba declared:

p> "The work contributes to the emancipation of women. Through his work, a woman or a girl and ensures its existence becomes conscious of his dignity of the International Labour Organisation (ILO) concerning discrimination in employment and occupation . Later, in 1968 , the ratification of Convention No. 100 of the ILO establishes equality of treatment of labor for women and men for work of equal value . These measures, in addition to mixed schools and coming more and more consistent for girls in the world of work , lead to a decline in marriage and fertility , whose objective is 46 in 1966 and 30 in 1971 . Mohamed Barakat and Tabutin estimates that two thirds of the reduction in births during the period from 1966 to 1975 is the consequence demographic of these measures . In 1980 , the growth rate of population of Tunisia is among the lowest in the South and happens to be the lowest in the Arab world . This rate is 2.2 children per woman in 1998 and 1.73 children in 2007 . Radhia Haddad acknowledges the merit of Bourguiba in these transformations:

"If all countries have done, one day or another, by getting rid of foreign domination, no, no and especially Arab Muslim country, has ventured a revolution of this scale social . "

CSP and religion

Portrait of Ataturk , another figure of modernism in terms of women's rights in the Muslim world

This series of reforms, although it differs somewhat from the customary norm - can be illustrated as the introduction of the adoption in 1958 unknown in Islamic law and the full adoption in 1959 - never breaks with the religion . Bourguiba declared to be a mujtahid and not a Kemalist because he criticized the Turkish leader for being too far away from society . By 1956, all leaders - including the Justice Minister Ahmed Mestiri and the various leaders of UNFT - recall on each occasion that the CSP and the successive laws are not opposed to Islam but fall as part of a reform of society "within Islam" . Thus, each step taken in the preparation of the CSP is accompanied by evidence from a liberal interpretation of Islamic law . In a speech held in Tunis on 8 February 1961 , Bourguiba recalls his views on the dominance of reason over any other medium of thought as religion:

"There is still people who can not conceive that reason should apply to all things in this world and control all human activity, for those, some areas - that of religion in particular - must escape the grip intelligence. But then, in so doing, it destroys at the same time the fervor and reverence that we owe all that is sacred to admit ? "

Nevertheless, it is clear that Tunisia of Bourguiba, any more than that of Ben Ali and all Arab states, could be called "secular" because, in addition to disorientation, neutrality and freedom religious state, secularism also implies the autonomy of public and religious institutions . The reality is that the institutional presence of Islam in Tunisia, although strictly controlled, as is true perpetual implicit or explicit reference to religion to legitimize the regime's guidelines . Certainly, public services are accessible to all Tunisians regardless of religion and the constitution guarantees freedom of religion as they do not affect public order but Islam remains the religion of State so that it is mandatory to seek to qualify for the post of President of the Republic .

Reaction conservative

In this context, the "feminism" Presidential remains relatively ambiguous as illustrated in the speech at the Third Congress of UNFT, held from 20 to 29 December 1962 , where he says that we must protect the family guaranteeing the right man to be the leader . From the 1970s , Bourguiba's policy loses momentum: the absence of further reforms can be explained in several ways: the deteriorating health of President, the late reaction of the conservatives remained guarded over the previous decade and resistance Company shocked to its foundations . At the same time, wants to destabilize the left Marxist by encouraging the creation of the Association for the Protection of the Koran in January 1968 , thus contributing to the birth of the party Islamist Nahda .

Similarly, the silence of the CSP about marriage between a Muslim and a non-Muslim, since 1969 , interpreted by most judges as an endorsement of the ban issued by the Islamic law on the subject . This reasoning is approved on 5 November 1973 by a circular of the Ministry of Justice, in order to "remove the negative sides of the West" , that prohibit marriages between Muslim and non-Muslims and J. no mixed marriages where the spouse has not converted to Islam and where a certificate of conversion is not provided . The courts often interpret this time the code in a restrictive sense, denying any such right to the inheritance to non-Muslim women from religiously mixed marriages . Bourguiba himself yielded to the wishes of conservatives and refuses 1974 pressure from his entourage and the majority of his government to amend the bill on equal inheritance that would have established gender equality with the legacy . Indeed, on this issue, it could refer to Koran to justify since the text is clear: "The son, a portion equal to that of two females" . In 1976 , the sixth congress of UNFT, he openly declares that "it is not necessary for women in paid work outside the home" . It seems to give up one of the principles of its policy of modernization .

The 1980s was characterized in the same line by a stillness in terms of feminist reforms except some significant improvements at the beginning of the decade : Law No. 81-7 of 18 February 1981 says the widowed mother guardianship of minor children and favors women in divorce cases . Subsequently, the 1 November 1983 , Bourguiba appointed the first two women ministers: Fethia Mzali the Department of Family and Promotion of Women and Souad Yaacoubi public health .

Politics of Zine el-Abidine Ben Ali

Start power ambiguous

Zine el-Abidine Ben Ali to inherit late 1987 of a society divided between conservatives, who claim the change of the CSP in a regressive direction, and modernists who wish to maintain its anchor to symbolize modernity in Tunisia . The new president is therefore exercise extreme caution as it is in relation to its attitude to the code that much of the public will use to bring his judgments on the new president . During his first months in office, he established the interruption of television and radio programs to make the call to the five daily prayers and is reopening the Zaytuna University while criticizing the "excesses" lay of Bourguiba and glorifying the "Arab-Islamic identity" of Tunisia . In early March 1988 , the daily Assabah announced an amendment to the CSP to ban the adoption of children is under discussion , causing the reaction of forty scholars of all political orientations are circulating a petition asking for the "necessary separation of Islam and politics" . The next day, March 19 , Ben Ali publicly recalls during a televised speech his commitment to CSP:

"There will be no questioning or abandoning that Tunisia was able to realize the benefit of women and the family . "

However, gender does not become part of its priorities and its action is found in the same political ambiguity that existed in Bourguiba .

Awareness

It was not until 1989 , when the relationship with the Islamists is broken, a new modernist discourse is recycling . Women are then referred to characterize this change: official functions become mixed as 1992 and the ministers and officials are encouraged to come with their wives . The new First Lady Leila Ben Ali , is more and more public appearances and, as a spokesman for her husband, holds regular speech on the role of women in the country . The implementation of this change can also be illustrated by the creation in 1991 of the Centre for Research, Study, Documentation and Information on Women (CREDIF) and the establishment within the Department Plan a National Commission on Women and Development to study the role of women in development in the preparation of the eighth economic plan ( in 1992 - one thousand nine hundred ninety-six ) , . In 1991, a law making school attendance compulsory for all children .

On 13 August 1992 , during the National Day of the Woman, Ben Ali made a speech which revives Modernism Bourguiba where he called for "the rehabilitation of women, recognition of his achievements and dedication of its rights the framework of civil and religious values that our people are proud to join " . The reference to Islam, became almost ritual, remains present, even if we include also the memory of the past ancient Carthaginian country's emphasis on its cultural diversity , but is much smaller compared to the speeches between 1987 and 1989 . Three major ideas dominate the other hand in this speech: praise of modernity gained and irreversible recognition of evolutions in society, as the passage of the extended family to nuclear family and the need to practice these changes in the texts of laws . Saying he is "convinced of the ability of women to assume the highest offices within the State and society", he announced the creation of a Secretariat of State for Women and family and the appointment of a greater number of women in ministerial offices . He recognizes the opportunity that gender equality is not yet complete and plans for future improvements:

"We want to reaffirm our commitment to these achievements and our determination to defend and develop them . "

Amendment 12 July 1993

In practice, the reforms were introduced in 1993 . While all projects of feminists, who want a clear recognition of equality between the sexes, are not completed , reforms tend to the sharing of authority between the pair instead of exclusive authority of the father . The Amendment No. 93-74 of 12 July 1993 amending the Personal Status Code entitles the woman to pass on his surname and nationality to his children just as her husband - even if she is married to a foreigner - with the sole condition that the father's approval . Other measures devoted mother's participation in the management of cases involving children and the mother's consent required for marriage of his minor child . Moreover, the woman acquires the right to represent his children in some legal acts to open and manage a book of savings for their benefit . In addition, the text makes it mandatory for spouses to deal with "benevolence" and help each other in the management of the home . Until then, the woman had to respect the prerogatives of the husband . Furthermore, another limitation overrides the privilege of paternal grandparents to receive support from their offspring and also benefitted maternal grandparents aside the concept of patriarchal family by withdrawing its legal unit .

Elderly woman wearing a hijab

Later, a second set of provisions strengthening protection of women against human repressing most strict domestic violence and establishing the payment of child support while emphasizing the prosecution of divorced husbands who do not meet this requirement . In the workplace, a new Labour Code section added by Act No. 93-66 of 5 July 1993 reaffirms that "there can be no discrimination between man and woman in the provisions of .

In 1995 , other legislative innovations are passed on division of property between the couple, recognizing the fact that the constitution is that property of both spouses and, in cases of divorce, the woman can not be harmed in the distribution of the commons . During the 1999 presidential elections , Ben Ali's program includes a section devoted to women under the slogan "new prospects before the woman" .

Current Status

On marital, Tunisia is often considered a friendly state changes of the modern world , . You should know that Tunisia celebrates two days dedicated to women: March 8th is the International Day of Women and August 13 , when the anniversary of the promulgation of the PSC, which has become a holiday "Day National Woman " . To mark the 50th anniversary of the promulgation of the PSC, the Chairman announced that two bills were approved by the Chamber of Deputies on 8 May 2007. First, it strengthens the right to housing for the benefit of mothers with custody of children and the second unifies the minimum age for marriage at 18 for both sexes, despite the fact that the actual average age at marriage increased to 25 years for women and 30 for men .

Specifically, Tunisian women are very involved in the company accounting for 59.5% of students of higher education . They work in all branches of art , including the army , the civil aviation or military and police and represent 72% of pharmacists , 42% of the medical profession, 27% of magistrates , 31% of lawyers and 40 % of teachers of university . In total, they are in 2004 26.6% of the workforce in the country compared to only 20.9% in 1989 and just 5.5% in 1966 . In addition, 1999 to 2004 , jobs grew at a rate of 3.21% for women, an average of 19,800 jobs created per year . Moreover, the illiteracy rate for women aged 10 and over increased from 96% in 1956 to 58.1% in 1984 , to 42.3% in 1994 and to 31% in 2004 , despite the fact that the rate male is 14.8% in 2004 . This can be explained by the fact that the number of girls in primary school is 52 in 1965 and 83 in 1989 to 100 boys and 37 secondary in 1965 and 75 in 1989 . Moreover, in the absence of law on parity , they represent 14.89% of the members of government, 27.57% (59 of 214) members of the elected chamber 25 October 2009 , 27, 06% of city councilors and 18% of members of the Economic and Social Council , . In addition, between 10,000 and 15,000 of them are entrepreneurs . Nevertheless, unemployment affects more women than men since they are deprived of employment 16.7% instead of 12.9% which is the rate in men in 2004 .

Will modernist or political necessity?

In Tunisia, the pursuit of feminist politics is all the more necessary it is the main argument of the good image of the country in the West . Indeed, although economic growth is not negligible, it does not stand out from other countries of North Africa like Morocco , while the stifling of freedom of expression and the political opposition tarnish country's reputation abroad . Women's remains, an area in which Tunisia under Bourguiba, Ben Ali as a sub can claim its uniqueness . Colette Juilliard-Beaudan think Tunisian women, "had to choose a form of democracy, . And this type of propaganda is bearing fruit as the country enjoys in the reign of Bourguiba a solid reputation in Europe of republic and civil secular in a region rather consists of military dictatorships or monarchies related to religion while the CSP itself is enacted as authoritarian as it has not been a public debate or in the Constituent Assembly .

On 9 February 1994 , a "Day of Tunisian women is held at the French Senate under the title "A modernity assumed, Tunisia" . Shortly after a debate held in June 1997 the European Parliament on the situation of human rights in Tunisia, Tunisian women are sent to Strasbourg to give Europe another image of their country . Then follow a series of laudatory articles in the French press on the Status of Women in Tunisia . In October 1997 , during the official visit of Ben Ali in France, the champions of the Tunisian brandish also the status of women while avoiding the criticism he is the subject of the organizations human rights :

"The Tunisian regime is he a" feminist "by political necessity and to protect the democratic deficit that seems to like to dig, or modernist belief ? "

Difficulties

Legal and Societal Challenges

The PUC still experiencing many difficulties to fit properly in Tunisian society. Thus the dowry - although it is not a cause of divorce in case of default - still exists , the domicile of the husband is the only one who can be considered marital home and the inheritance is totally unequal since the sharia gives men a share double that of women (one of the rare cases where Islamic law is applied in Tunisia). Despite several attempts, Bourguiba could impose equality of the sexes in this area due to excessive reluctance of religious leaders. He therefore contented frame practices to prevent abuse. Today, facilities for gifts between living persons are under consideration to address the inequality of women . But by going through "the ways and means to promote and strengthen the achievements of women without altering our Arab-Islamic identity," Ben Ali set the 13 August 1992 the limits it does not exceed .

The Tunisian minister in charge of women and family for his part said the 9 February 1994 the French Senate , while taking some liberties with history:

"When Bourguiba . "

It is therefore not directly address gender inequality in inheritance , the CSP continues to regard the man as the head of the family / Sup> and expressing the fact that the husband should fulfill their conjugal duties "in accordance with usage and custom" . In addition, it is not always easy to apply the texts rural where girls are often still in favor of boys out of school to work as housemaids or fields where the modernization of equipment is generally more concerned men even within a family farm . Thus, women's work in the countryside is still very manual, runs in positions often bent for the picking by example and does not require special qualification .

As for the reservations shown by Tunisia at the signing of the Convention of the United Nations of 18 December 1979 on the Elimination of All Forms of Discrimination against Women, they show that the power n has not yet decided to take the step to equality . The agreement was signed on 24 July 1980 , but bearing reserves, like other Muslim countries, a few paragraphs of articles 15, 16 and 29 on the grounds of their inconsistency with the provisions of the CSP and the Koran , . However, after the Association of Tunisian Women for Research and Development and the Tunisian Association of Democratic Women (TANF) have a document in which they seek full implementation of the Convention, under pressure, this convention will ratified on 20 September 1985 . On the occasion of the announcement on 8 March 2008 the government accession to the Additional Protocol of the Convention, coinciding with International Women's Day , the president of ATFD Khadija Cherif describes the process of "positive but insufficient "and says it will continue" to advocate for the lifting of reservations that emptied of their meaning the convention " .

In August 1994 , during a seminar on Women and Family, ATFD denounces the ambiguity of power and use religion to resolve the status of women in the country, mainly criticizing the "patriarchal oppression women " . In addition, women attempted to revolt against the official quickly called to order, including through a press tightly controlled by the authorities . The president of the TANF, the lawyer Sana Ben Achour, explains the 9 March 2010 that his organization saw a "position of blocking and throttling means a breach of any possibility of dialogue with public authorities" . She denounces including "the police encirclement" of the headquarters of the TANF and its women's university, and the fact that the association was prevented from playing a play intended to mark the International Day of Women of March 8 .

In the same context, the filmmaker Moufida Tlatli - made famous by the film The Silences of the Palace (1994) - has been heavily criticized in the magazine Realities for expressing his skepticism about feminism supposed to Islam during a television show French aired in October 1994 . On 13 August 2003 , to mark the 47th anniversary of the promulgation of the PSC, the Tunisian League for the Defence of Human Rights attached to ATFD says:

"We believe that full equality between men and women remains a basic demand . "

Objections religious leaders

Portrait of Sheikh Ben Achour

Apart from the support of Shaikh Mohamed Fadhel Ben Achour , who defended the provisions of the CSP on the pretext that they are possible interpretations of Islam , defining the CSP as "an imperative of modern times , much of the religious authorities enters a prudent silence, or denounce the code . The opposition believes that the PUC "violates the standard Islamic" forms and includes several figures including Mohamed Abdelaziz Jait wrongly considered one of the initiators of the code, the PUC judge "too far from the precepts charaques" .

On 20 August 1956 , the latter sends a letter to Ahmed Mestiri in which he requests the revision of certain articles of the CSP, including those related to the prohibition of polygamy and the establishment of a divorce . This claim forced Bourguiba to question publicly and specifically, the September 7 , members of religious courts to seek their opinion on the compliance of the CSP with religious law . On September 14 Thirteen members of the two higher courts publish a fatwa in which they assert that the PUC has condemned trends as opposed to the Koran , the Sunna and the ijma ` . They are almost all removed or placed in retirement early , , the imams imposing sermons going against the CSP sheikhs or signing petitions or articles critical of the latter being arrested . Bourguiba their address later this message in a speech:

"Like you, I'm Muslim. I respect this religion that I did everything, not least that in saving the land of Islam from the colonial humiliation ... But by my duties and my responsibilities, I am qualified to interpret religious law . "

Rached Ghannouchi at a rally

This pushes the religious authorities to interpret the Koran also a way to tolerate the fact that women can receive education and participate in social life of the country . Most religious leaders are entitled to their own daughters of the new changes in society . Later, Ben Ali has granted a presidential pardon to Rached Ghannouchi released on 14 May 1988 , under government pressure, he expresses his confidence in the president and acknowledges that the CSP is "overall . Nevertheless, the Islamists are continuing their project to cancel the code, despite the fact that its acceptance is a pre-condition for legalization of political parties which has not been given to Ennahda.

However, some attitudes are slower to change, the issue of virginity at marriage and the influence of religious preachers criticizing the western lifestyle on TV's Middle East plays an important role in this debate . The hijab , not traditionally located, appeared in the early 2000s as a return to a mythical authenticity Arab-Islamic countries, the influence of foreign television channels and the following context the attacks of September 11, 2001 may be an explanation complementary. As for the lawyer Yadh Ben Achour , son of Mohamed Fadhel Ben Achour, he explains in Politics, Religion and Law in the Arab world ( 1992 ) that "the Tunisian family is still embroiled in too archaic and too violently undergoes the effects of ' anomie social order to fully benefit from reforms Bourguiba " .

Popular culture

The theme of the CSP is included in the documentary Arabic Fatma 75 ( 1975 ) by Salma Baccar and produced by the limited company Tunisian film production and expansion . It intersects with the history and evolution of Women in Tunisia in three periods : the period 1930 - 1938 which led to the creation of UNFT, the period 1938 - 1952 which induces both struggles for female emancipation and independence of the country and the period after 1956 with the achievements of women in regard to the CSP .

Furthermore, a series of six postage stamps issued by the Tunisian Post has the theme of women . Whoever is issued on 1 January 1959 , drawn by Hatem El Mekki and format of 22 x 36 mm, represents a woman being unveiled, symbolizing emancipation of Tunisian women. At the 25th anniversary of the CSP, 13 August 1981 , two stamps also designed by Hatem El Mekki are issued, one with a face value of 50 millimes and format of 26 x 39 mm representing a happy woman raising hands to heaven and the other with a face value of 100 millimes and format of 39 x 26 mm representing a woman who flies with a dove , symbol of freedom . To mark the fiftieth anniversary of the promulgation of the PSC, a stamp of a format of 52 x 37 mm designed by Mokhtar Ben Boubaker is issued to one million copies on 13 August 2006 . In a face value of 2350 millimes, it represents a balance , an attribute of justice , below which appears the figure of a young woman in three situations emancipatory (study, work and appearance in the public space ) .

References

  1. a , b , c , d , e , f , g , h , i , j , k , l , m , n and o Michel Camau and Vincent Geisser , Habib Bourguiba. The trace and legacy, ed. Karthala, Paris, 2004, p. 106 ( ISBN 2845865066 )
  2. Michel Camau See also

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    • Nawel Gasfia, The colonial invention of Muslim Marriage: The Case of Tunisia, ed. LGDJ, Paris, 2008
    • Nazli Hafsia, The marriage contract in Tunisia until 1956, ed. Cartaginoiseries, Carthage, 2005 ( ISBN 9973704002 )
    • Ilhem Marzouki The women's movement in Tunisia in the twentieth century. Feminism and politics, ed. Maisonneuve and Larose, Paris, 1994 ( ISBN 270681103X )

    Filmography

    • Tunisia. History of Women Film Feriel Ben Mahmoud, Alif Productions, Paris, 2005

    Internal link

    External Links

    Documents


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