Tunisia: Tunisians concerned over divorce fatwa

A religious edict issued by the Mufti of Tunisia regarding divorce has sparked a massive uproar over whether the move threatens gains made by Tunisian women over the last few decades.

The issue began when an unidentified woman solicited advice from Tunisia's Dar El Iftaa, the body of religious scholars which renders religious judgments on public and private issues and which reports directly to the Ministry of Religious Affairs. In a written message to Mufti of Tunisia Kameleddine Jait, the woman said her husband told her "you're divorced" three times.

According to the June 7th issue of the leftist Ettajdid Movement's Tarik Jadid newspaper, the Mufti answered the woman's question, "telling her that she could no longer live as wife with her husband [and] must proceed with the divorce". The article added, "The Mufti gave the woman a certificate to this effect."

The decision would have sparked little controversy in many Muslim countries, where sharia is applied in instances of marriage and divorce.

In a secular society like Tunisia, however, it is very different matter.

Since 1956, divorce – like marriage – has been governed by civil, not religious law. Under the Personal Status Code, divorce is only recognised when the two parties appear before a court of law to validate their separation and agree to the action, and only after the failure of judge-monitored reconciliation attempts between the husband and wife.

An official source in the Dar El Iftaa, who preferred to remain anonymous, said the issue had nothing to do with the laws of the country: "The woman's question was related to a religious matter, and the Mufti's answer was in line with Islamic sharia."

Some Tunisians have interpreted the Mufti's ruling as an attempt to circumvent the civil laws.

"[It is] a threat to the civil gains; something that would open the door for religious interpretations and fatwas at a time when we need to boost the process of modernisation, impose the respect of positive laws, and firmly establish the rule of law," Tarik Jadid editorialised.

"The Mufti of the Republic has no authority in the courts of law, and the Personal Status Code is the decisive factor in divorce issues," lawyer Kahna Abbas confirmed. She said she was concerned that the religious establishment could gradually turn into a source of legislation.

Khadija Cherif, President of the Tunisian Association for Democratic Women, which works to separate religion from state and achieve gender equality, also said she was astonished when she learned about the fatwa.

From his side, Khemais Khayati, a member of the Tunisian Association for the Defence of Secularism, said, "The Mufti of the Republic might have been correct if we had been a state governed by sharia and based on loyalty to faith. However, now that we are in a law-governed state, the Mufti has no right to breach the constitutional provisions that protect the citizens' right to safeguard their rights."

Khayati is worried that citizens "rush to the Mufti" instead of attempting to solve their own problems. "Who knows?" he asks. "They may work under the guidance of a religious state tomorrow."

Mohammed Ali Ennefzi, a young man in his 30s, welcomed the fatwa "because it makes our life easier and relieves us from the troubles of litigation and the problems of the Personal Status Code, which has turned men in Tunisia into slaves to their wives".

Manal El Hammi, a woman working in the pharmaceutical industry, commented sarcastically, "if all married women requested fatwas about the oaths of divorce they hear every week from their husbands, we wouldn't find any Tunisian women in their homes!"

-- Magharebia