Code of Personal Status (Tunisia) - Opposition From Religious Leaders

Opposition From Religious Leaders

Relying in part on the support of Shayk Muhammad Fadl Ben Achour, who defended the Code's provisions as constituting the possible interpretation of Islam," a large number of religious authorities prudently fell silent or denounced the Code. This opposition which considered the Code "violated Islamic norms" constituted and included several figures, of which Muhammad Abdu'l Aziz, wrongly considered one of the inspirers of the Code, who judged the Code "too remote from Sharia precepts."

On August 20, 1956, this last sent sent a letter to Ahmed Mestiri, in which he called for revision of certain articles of the Code, of which those related to the prohibition of polygamy and the creation of a procedure for divorce. This complaint forced Bourguiba to intervene, publicly and by name. On September 7, he asked members of the religious courts for their opinions concerning the Code's conformity with religious law. On September 14, thirteen members of the higher court published a fatwa, in which they affirmed that the Code contained elements judged opposed to the Koran, to the Sunna and to the Ijma. they were almost all dismissed or forced to retire. Imams delivering speeches opposing the Code and shayks signing petitions or articles criticizing it were arrested. Bourguiba later addressed them in a speech:

"As you, I am Muslim. I respect this religion for which have done everything so that this Islamic country not be in colonial humiliation. However, concerning my duties and responsibilities, I am qualified to interpret religious law."

This forced the religious authorities likewise to interpret the Koran in a way that accepted the fact that women could receive an education and participate in the social life of the country. The majority of the religious leaders had benefiting from their own daughters being advantaged by the changes in society. Ben Ali later granted a presidential pardon to Rached Ghannouchi, freed on May 14, 1988. Under government pressure he expressed confidence in the president and recognition that the Code represents, "In its entirely a fitting means to organize family relations." Nevertheless, Islamists continued their project to annul the Code and this so well that its previous acceptance constituted an acceptable condition for the legislation of political parties which had not been in accord with Ennahda.

Moreover, certain mentalities take longer to change. The issue of virginity at marriage and the influence of religious preachers castigating on Middle Eastern television networks the Western way of life played an important role in this debate. The hijab, little in use, made its appearance in the 2000s as a return to a mythical Arab Islamic authenticity, the influence of foreign television networks and the context following the attacks on September 11, 2001 could constitute a complementary explanation. As for the jurist, Yadh Ben Achour Achour, he explained in "Politics, Religion and Law in the Arab World" (1992) that "The Tunisian woman is still entangled in too many archaisms and suffers too violently the effects of social anomie to be able to benefit fully from Bourguiba's reforms."