| 07 March 2012 | 8 Comments
 
 

Hizb Ettahrir, a legally unrecognized Islamist party, condemns Tunisia’s Code of Personal Status (CPS), and calls for its abolition. Conversely, the Democratic Women’s association calls for developing the code and further reinforcing it. Finally, Constituent Assembly member Jawhara Ettiss defends the CPS for the gains it has imparted on all Tunisian women.

On the eve of International Women’s Day, Tunisia Live spoke with three women with three divergent perspectives on the future of the landmark legal framework that first guaranteed women’s rights.

Established in the aftermath of French colonial rule, the CPS was the first law passed following Tunisia’s independence – preceding the Tunisian Constitution by three years. The code redefined relationships within Tunisian families by guaranteeing that women would enjoy the full rights afforded to citizens of Tunisia.

In spite of the longstanding presence of the code, the legal status of Tunisian women remains a controversial issue, especially given the broad range of opinions concerning the role of the CPS in Tunisian society.

Nesrine Bouthafi, a member of Hizb Ettahrir, considers CPS to be representative of western ideals and not derived from Islamic Sharia’a. “We condemn CPS. Women in Tunisia are suffering because of this code – it is the source of their pain now,” she stated.

Referring to the increased legal accessibility Tunisian women are afforded in the CPS to the process of filing for divorce, she added that, “Women do not need divorce, but they are rather looking for comfort and peace of mind.”

Bouthafi argued that the code does not provide any gains for women because it is based on principles that were created by man and are not derived from the Quran. “The code’s principles are not derived from Islamic ones, and are only harming Tunisian women. Only the Islamic system can effectively guarantee the rights of women,” she asserted.

The code also bans polygamy and wearing of the hijab (a headscarf with or without a veil), issues that remain in dispute across the Muslim world. Technically, Islam allows for a man to marry up to four wives, provided there is absolute equality among them and their children – which many modern Islamic scholars argue is near impossible.

Zeinb Farhat on the other hand, from the Democratic Women’s association, stated that the rights imparted by the CPS are deeply anchored in Tunisian society. “The CPS is an important gain for Tunisian women,” she stated

However, she affirmed that the code is in need of continual review to ensure that the contemporary concerns of Tunisia’s women are addressed. “It was enacted 50 years ago. Thus, we need to develop it and improve it according to each generation’s needs,”  she explained.

Tunisia is the only Arab-Islamic country to render a second marriage null and void, as well as to make any attempt to take a second wife, while already married, punishable with a fine and imprisonment.

Ahlem Belhaj, president of the Democratic Women’s association, stated that while it is undeniable that women have made immense progress thanks to the CPS, the limitations of the new family law cannot be overlooked.

“The CPS granted women considerable autonomy from husbands and male kin. At the same time, however, it maintained gender inequality by leaving a woman’s share of inheritance as half of a man’s, by granting fathers greater rights regarding guardianship of children, and by requiring that a wife should obey her husband,” she said.

“We call for common custody,” Belhaj concluded.

While some contend  that Tunisia has gone too far in imposing modernity, and others insist that further progress must continue to be made, Jawhara Ettiss – member of the Constituent Assembly – maintains a perspective on the issue somewhere between the peripheries of the debate.

Ettiss stated that, though the importance of the CPS for Tunisian women cannot be overstated, the current legal framework is sufficient for now. “The CPS is an important gain for Tunisian women that guarantees women’s rights. What we have now is enough. Development could be enacted by the coming generations,” she explained.

Ettiss also added that although she does not agree with Hizb Ettahrir’s view about the CPS, she respects it. “Even though I don’t agree with their opinion, each person has the right to express their point of view and for it to be respected. We are here at the Constituent Assembly to represent all women and defend their rights – this is our role,” she concluded.


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  1. International Women’s Day – Women fight for rights in Tunisia | Kefteji | 08 March 2012
  1. buy beats says:
    29 October 2012 at 19:09

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  2. Martin says:
    08 March 2012 at 16:30

    Women got it hard. Peter Knopfler who is european for sure. He freaks out when he hears how women are supressed in Tunisia. I can understand him. Tunisian women are not independent, they can’t move freely. Even if they are given the right to be free. In practive social and economic circumstances force them to be unfree.
    It is funny -when I hear the word “revolution” I think of things going forward, I think of progress. Instead it seems like this revolution doesen’t only move forward but in some cases it seems to support a development backwards.
    I think of pictures from the 70′s; Tunisian traffic policewomen dressed in short skirts. I think of pictures from Iran and Afghanistan let’s say round about 30 or 40 years ago, where women moved freely.
    I think of fully veiled women now and can’t help but seeing it as a step backwards.
    Women wear they the niqab out of their own free will some say. Some do, maybe. I know young Tunisian girls that are forced by their fathers to wear at least a headscarf.
    Maybe it is just my male eye that is pleased by attractive women instead of seeing a bulk of textiles.Maybe.
    Yet in Europe women still have less income than men even if they work in the same position. But at least they are able to emancipate themselves. I don’t see that emancipation in Tunisia. Woman are depending on their husbands and fathers.
    I know so many Tunisian men. None of them I would like to call my husband (if I was a woman).
    Don’t be offended by what Peter Knopfler says. It is taken out context. Tunisisia is not Saudi Arabia and King ‘Abdullah not the President of Tunisia.
    But I can understand his frustration. In Europe we (men and women) work so hard on equality! Now we hear the word revoltion and think “wow, this has got to be a major step towards human rights, free speech, free will -in short freedom in all aspects”. Then we look twice and see this! We are simply disapointed. We aspected something different.
    Whatever it is:
    I wish freedom for the inhabitants of Tunisia. Especially for those that have to suffer from supression. I wish freedom for all Tunisian women.
    Imagine walking down the street on a hot summers day. Feeling the breeze of fresh ocean air on your body.
    Imagine doing that without those sexuality frustrated men lingering in the cafes and the sidewalks given you shady looks, exchanging bad words like “zabuur” (bitch).
    No, being free surrounded by these disgusting homophobic (and I repeat) sexualy frustrted men isn’t easy. Don’t give up. Something’s wrong but it isn’t you -the free women of Tunisia.
    Enjoying sexuality isn’t wrong. You are not bitches because you slept with more than one men. You are not a bitch because you have an orgasm. You are not a bitch because you have sexual feelings. Don’t let them call you bitch! They call you that because they can’t stand that you are free and not part of their property.
    Actually they don’t have any property that’s why they linger in the cafes, in one hand a cigarette with the other hand clinging to a small cup of coffe (all day!). That’s all they have. But you have yourselves and your freedom. Don’t let them take it away from you, you have more than they will ever have in their lives. Run free!

    Reply
    • Peter Knopfler says:
      08 March 2012 at 16:58

      THANK YOU FOR THE COMPLIMENT, AUSTRIA TO CANADA HAWAII MEXICO yes I have had or am having free life. Yes free education, athletics paid my university, never without a job, love my work, helping people hospitals to public health now own my wellness center, YES MY LIFE HAS BEEN FREE.
      My Parents Austrian-Hungarian, JEWS, lost 90% of mothers family to Hitler Fathers family to STALIN, born when Austria communist. Never knew a Grand parent Never knew a uncle or aunt cousins not at all, I was Born 1949.I was ADOPTED never knew my father or mother. SO WHAT NOW!I SUFFERED SPEECH Problems until 17 years old, MY BODY TOOK ME OUT OF ALL THIS: SPORTS IN CANADA HEALED ME, now I heal others,now I work with Children over 45 years. THANKS.

      Reply
  3. Peter Knopfler says:
    08 March 2012 at 15:46

    WAKE UP 50% of all people are female and most are slaves to a system or individual King ABDULLA hates womens rights.SAYS “it is up to ALLAH”Dieing FAT GUYS LAST WORDS=WOW HOW NICE KING MUST LEAVE FOR WOMENS RIGHTS, NO OIL KEEPS THEM AS SLAVES, I forgot, they women were slaves before they knew of oil.Koran says women lower than slaves.
    SO NOW WHAT??
    IT REALLY IS EASY OPEN YOUR HANDS REACH FOR THE SKY AND LET WOMEN BE FREE: SIMPLE SAME RIGHTS AS MEN SIMPLE FOR SIMPLE MINDS.
    WORLD double Standard on women makes me sick after thousands of years of abuse, we still ask why. FREE WOMEN YOU FREE YOURSELF. By owning a slave..you are a slave..your fault..have a nice day, landless peasants!

    Reply
  4. Sbg says:
    08 March 2012 at 15:23

    I cannot agree more on what Afif mentioned. People are unemployed and preoccupied by problems that were solved 50 years ago! I think that some people need education before they hand them jobs, so they would learn how to prioritize problems and distingwich which ones are real and which ones are made up by magnificent imagination that saw the light after the revolution, Magnificent!

    Reply
  5. Peter Knopfler says:
    08 March 2012 at 14:35

    INTERNATIONAL WOMEN[S DAY
    YES women have it hard. 10,000 years of women ^ child abuse what do you think that brings us all. Corporatations RULE the world and they rule women out. WHY_ Population control like Communist China where they kill 80% of female babies, 30,000 forced abortions every week)corporate communist worship population control and YOU, WOMEN are under attack for giving birth THEREFORE like STATE of Georgia USA take away birth rights of women. ISLAM)SAUDI ARABIA women are SLAVES)27 Arab countries Oil Kingdoms have female Slaves. OIL KEEPS WOMEN IN SLAVERY. WHITE MAN EUGENICS own the Corporate World, forced sterility through food water air medical vaccines. Notice all medical experiments done on non/whites. WHO dies from DRONES women Children non/whites. WAKE UP TO HISTORY, READ EDWIN BLACK book NAZI NEXUS it is all about YOU! have nice DAY!

    Reply
  6. Afif says:
    08 March 2012 at 03:51

    Although Tunisia has made a lot of progress in dealing with the treatment of women, it is not enough. As the article points out, there are issues that need to be addressed when it comes to inequality in inheritance law and family law.
    I am really at a loss to think that someone would think that Shariaa law would be the norm in Tunisia.I am really at loss to think that someone who is probably unemployed is preoccupied with an issue that was almost settled severald decades do.
    We must all remember that unless at least half the members of our society are fully emancipated and given equal rights and protection under the law in theory and practice, we will remain behind. Bourguiba tried his best under the circumstances, and he should be praised for his efforts, may God bless his soul. Now, I can’t even imagine that my sister will come under Shariaa law, and believe that dog won’t hunt in Tunisia. So I am not concerned about it. Perhaps, we should consider a provision the Constitution that is similar to the 14th Amendment in the U.S. constitution, so we can just shut this issue once and for all, and the statutory laws can be simply struck down as unconstitutional by the courts. The judicial branch can give us a way out of the vestiges of inaquality when it comes to Tunisian women.

    Reply

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