Tunisia is a unique example of successful reform in an Arab and Muslim country. Within a few months in 1956, the government changed the former family code and accelerated the enrolment of girls in primary and secondary schools. By the 1980s, enrolment rates for both girls and boys were very high. The 1956 reform banned polygamy and repudiation, promoted consensual marriage and introduced equal divorce proceedings.
Tunisian women have a high degree of protection in relation to family matters. In 1964, the government raised the legal age of marriage to 20 years for men and 17 years for women (it was previously fixed at 18 years for men and 15 years for women). Today, practices of early marriage and polygamy have virtually disappeared, which is significant considering that in 1960 some 48 per cent of women were married before the age of 20. According to a 2004 United Nations report, only 3 per cent of girls between 15 and 19 years were married, divorced or widowed.
As a result of further reform in 1993, parental authority is now shared between women and men. Wives and husbands jointly manage the family life, including the raising of their children, and both contribute to the household expenditures and joint investments. In the event of divorce, both parents have the same rights over children, regardless of who is awarded custody. The government has established a fund to pay subsidies to divorced women whose husbands default on child-support payments.
Despite the reforms, inequalities remain evident in inheritance rights, which are governed by Islamic Sharia law. Muslim women may inherit from their father, mother, husband or children and, under certain conditions, from other family members. However, their share is generally smaller than that to which men are entitled. Daughters, for example, inherit only half as much as sons. This is typically justified by the argument that women have no financial responsibility towards their husbands and children. Contrary to Sharia law, Tunisian law states that if a father has no sons, the inheritance passes to his daughter(s) rather than to his own family.
Legislation in Tunisia provides a very high level of protection for the physical integrity of women. The legal framework includes specific punishments for violence against women. However, domestic violence is generally viewed as a private issue and the police typically refuse to intervene. On a more positive note, the state has established a public fund to provide temporary financial aid to married women who leave abusive husbands. The fund provides helps to support these women until a court decides upon the proper compensation due to them by their husbands. Tunisian law also regulates the compensation that battered women receive from their ex-husbands. Further, a new law passed in 1993 abolished a previous provision that considered adultery as justifiable grounds for granting pardon to enraged husbands who killed their wives.
Female genital mutilation has never been a general practice in Tunisia. The country’s sex ratio is slightly in favour of boys, suggesting there may be some incidence of missing women. This small bias probably results from less care being given to young girls, rather than sex-selective abortion.
Legislation supports financial independence of women in Tunisia. They have equal access to land and access to property other than land.
Legally, women also have equal access to bank loans and can buy, sell and borrow freely. In reality, some banks still refuse credit to women unless they have first acquired the consent of their husbands.
Women in Tunisia have civil liberty. There are no constraints on women’s freedom of movement, and they have freedom of dress. Many women choose to wear the veil in private enterprises or public spaces; however, it is strictly forbidden for women who work in public administration (during working hours).
CIDA (Canadian International Development Agency) (2001), Gender Profile: Tunisia, CIDA, Gatineau, QC.
Annuaire Statistique de l’Afrique du Nord (1984-1997), éditions du CNRS (Centre National de la Recher¬che Scientifique), Paris.
Borrmans, M. (1977), Statut personnel et famille au Maghreb, de 1940 à nos jours, Moutosn, Paris.
Chekir, H. (2000), Le statut de la femme entre les textes et les résistances: le cas de la Tunisie, Éditions Chama, Tunis.
Klasen, K. and C. Wink (2003), “Missing Women: Revisiting the Debate”, Feminist Economics, Vol. 9, No. 2-3, Routledge, London.
Minai, N. (1981), Women in Islam, Seaview Books, New York, NY.
Morrisson, C. and B. Talbi (1996), La croissance de l’économie tunisienne en longue période, Études du Centre de Développement, OECD, Paris.
Rhoodie, E.M. (1989), Discrimination Against Women: a Global Survey of the Economic, Educational, Social and Political Status of Women, Ch. 23. McFarland, Jefferson, NC.
Tessler, M. (1978), “Women’s Emancipation in Tunisia”, Women in the Muslim World, L. Beck and N. Keddie (eds), Harvard University Press, Cambridge.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
