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The Imprint of Sharīʿa on the Tunisian Family Code: Is it Possible to Reconcile the Irreconcilable?


Silini Radhoui, Naila (2020). The Imprint of Sharīʿa on the Tunisian Family Code: Is it Possible to Reconcile the Irreconcilable? Electronic Journal of Islamic and Middle Eastern Law (EJIMEL), 8(1):59-67.

Abstract

This article argues that the Tunisian Personal Status Code of 1956 represents a form of division of roles between Bourguiba and his modernist allies and the scholars of the orthodox conservative Institution of az-Zeitouna. While Bourguiba took over the subjects of the prohibition of polygamy and the registration of divorce under the jurisdiction of the civil courts, the traditional religious institution i.e. the ulamā of az-Zeitouna assumed the right to legislate in the field of inheritance, based on the sharīʿa. This divergence led to the interrogation on whether choosing a code that is moulded to accommodate the spirit of modern times and at the same time the precepts of classical sharīʿa would be capable of reconciling the irreconcilable, the legal norm and the religious norm? Can such a code reach egalitarianism? These questions will help to better understand the characteristics of Tunisian personal status (CPS) of 1956 and respond to the ambiguous nature of this code.

Abstract

This article argues that the Tunisian Personal Status Code of 1956 represents a form of division of roles between Bourguiba and his modernist allies and the scholars of the orthodox conservative Institution of az-Zeitouna. While Bourguiba took over the subjects of the prohibition of polygamy and the registration of divorce under the jurisdiction of the civil courts, the traditional religious institution i.e. the ulamā of az-Zeitouna assumed the right to legislate in the field of inheritance, based on the sharīʿa. This divergence led to the interrogation on whether choosing a code that is moulded to accommodate the spirit of modern times and at the same time the precepts of classical sharīʿa would be capable of reconciling the irreconcilable, the legal norm and the religious norm? Can such a code reach egalitarianism? These questions will help to better understand the characteristics of Tunisian personal status (CPS) of 1956 and respond to the ambiguous nature of this code.

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Item Type:Journal Article, refereed, original work
Communities & Collections:Journals > Electronic Journal of Islamic and Middle Eastern Law (EJIMEL) > Archive > 8/2020 > Articles
Dewey Decimal Classification:340 Law
Language:English
Date:2020
Deposited On:13 May 2020 16:17
Last Modified:27 Oct 2021 12:08
Publisher:Center for Islamic and Middle Eastern Legal Studies (CIMELS), University of Zurich
ISSN:1664-5707
OA Status:Gold
Free access at:Publisher DOI. An embargo period may apply.
Official URL:https://www.ejimel.uzh.ch
Related URLs:https://www.zora.uzh.ch/id/eprint/186936/
  • Content: Published Version
  • Licence: Creative Commons: Attribution-NonCommercial-NoDerivs 3.0 Unported (CC BY-NC-ND 3.0)