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• The 1957 Tunisian Code Of Personal Status Meaning
• The 1957 Tunisian Code Of Personal Status Form
• The 1957 Tunisian Code Of Personal Status Meaning

Women have been central to the events that have shaken Tunisian politics since the Arab Spring in 2010-11. They have played roles as protesters and politicians, activists and academics, journalists and photographers, and whether poor or privileged, urban or rural.

Tunisia has long occupied an important position in the Arab world since the historic promulgation of its progressive family law in 1956, which placed the country at the forefront of the Arab world in regard to women’s rights (Charrad 2007). In an extensive comparative survey of Arab countries in 2009, Freedom House ranked Tunisia first in the major categories that concern women’s rights, including “autonomy, security, and freedom of person,” and “political and civic voice,” (Kerry & Breslin 2010).In this article, we address two related questions. In the first section, we consider how Tunisia came to occupy a premier position in regard to women’s rights through the promulgation of its Code of Personal Status (CPS) in 1956, well known throughout the Arab world, and the continuous amendments to the CPS over a half-century since then. In the second section, we discuss some of the current debates on women’s rights in Tunisia following the Arab Spring, including the mobilization of women around the controversial Article 28 in the draft of the new constitution. By “women’s rights,” we mean women’s rights in the law as it concerns personal status and family law.

Rivalry between French and Italian interests in Tunisia culminated in a French invasion in 1881 and the creation of a protectorate. Agitation for independence in the decades following World War I was finally successful in convincing the French to recognize Tunisia as an independent state in 1956.

We focus on this aspect of the law because family law is, as lawyer and human rights activist Asma Khadar (1996: 2) stated unambiguously, “the gate of freedom and human rights for women” in the Arab and broader Muslim worlds. Family law has significant implications for women’s lives, including their ability to make life choices freely and to pursue educational and professional opportunities.Code of Personal Status: A Post-Colonial Expansion of Women’s RightsFamily law, which encompasses rules and regulations concerning marriage, divorce, child custody, and inheritance, continues to be the site of some of the most fundamental differences in women’s rights across the Middle East and North Africa. In Tunisia, the newly formed postcolonial state initiated reforms of family law following the country’s independence from France in 1956. This was an action from above, or a top down policy, which occurred in the absence of an organized women’s movement. As Charrad (2001: 219) has shown, the CPS was “ not a response from the state to pressures from a women’s mass protest movement.” In promulgating the CPS, the government made decisions for the society as a whole without engaging the community or facilitating the perspectives of the citizenry through popular referendum or other channels of popular expression.The reasons behind the promulgation of the Code in the 1950s are complex and a full analysis is beyond the scope of this paper. Charrad (2001: 201-232; 2007; 2011) has argued elsewhere that the CPS was part and parcel of an overall strategy of state building that targeted patriarchal networks, clans, and tribal groups. At the same time as they promulgated the CPS, members of the postcolonial leadership also abolished collective property that had been key to tribal networks, created a new form of administration throughout the territory by ignoring tribal allegiances, and advanced a discourse that was unabashedly anti-tribal.

The 1957 Tunisian Code Of Personal Status Meaning

An inherent part of the project to create a national state that stood above local, kinship, sect or community loyalties, reforms of personal status law aimed to generate a new form of citizenship in which individual allegiances went to the nation-state. Women benefitted from this conception of citizenship in that they gained individual rights before the law and thus were less subordinated to the whims of husbands and kin.Tunisia’s new CPS introduced significant changes in family law such as the abolition of polygamy, the end of men’s privilege of unilateral repudiation as a way to terminate a marriage at will, the ability of a woman to file for divorce, and the enhancement of women’s custodial rights over children. Inheritance laws, for which there are strict and clear provisions in the text of the Qur’an itself and thus constitute an especially sensitive issue, remained the least modified legislation. These reforms, mediated by nationwide institutions and a national court system rather than local authority structures, provided state protections for women. Even though educated women were in a better position to take advantage of the law, much knowledge about the CPS percolated through different strata of society, giving Tunisian women at large the possibility of utilizing what the new laws had to offer.Reforms beneficial to women continued during the regime of Zine El Abedine Ben Ali who paraded women’s rights as part of a general portrayal of Tunisia as embracing modernity on the international scene.

The 1957 Tunisian Code Of Personal Status Form

The reforms again were largely a top down policy, although women’s rights advocates started to make their collective voice heard in defense of women’s issues in the 1980s. Their actions were severely restricted, however, as were those of other associations in the 1990s and 2000s. Furthermore, women’s associations were composed of urban, elite women in Tunis whose interests were disproportionately represented in Ben Ali’s policy formulations to the relative exclusion of poor women (Khalil, forthcoming). Nevertheless, meaningful reforms occurred during that period. For example, as recently as in 2007, the minimum age of marriage was raised to 18 for both men and women, who could marry as early as 15 under the prior legislation (Charrad and Ha, forthcoming).

The 1957 Tunisian Code Of Personal Status Meaning

Other reforms initiated under Ben Ali in the 2000s expanded women’s rights in regard to marriage contraction, alimony, and custodial rights over children.