Tunisians concerned over divorce fatwa
2008-06-27
The Mufti of Tunisia's recent fatwa on divorce has created a controversy. For many in this secular state, concerns mount that the religious directive may be perceived as superseding the civil code.
By Jamel Arfaoui for Magharebia in Tunis – 27/06/08
 [affaires-religieuses.tn] A fatwa on divorce issued by Tunisia's Mufti has upset Tunisians who fear the encroachment of sharia on their civil laws. |
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!"
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perplexe Posted 2008-06-27
I am very surprised that this mufti is going against the principles of the Malakite doctrine, which obliges us to follow the “era of the time” (al-Orf), and is even against the principle of Islam wherein divorce is only final after three times. (You must get divorced and remarried three times.) Moreover, the couple must stand before a khadi (“Islamic judge”) so that he may verify the conditions of the divorce, such as a drunken husband, pregnant wife and so on. I am thus worried about his opinion, but also contented that we are finally hearing our religious Tunisians express themselves!!! However, I would have liked to have an opinion much more precisely stated than that of a blog against this opinion which comes from abroad.
محمد فاضل Posted 2008-06-27
In the name of God the most gracious the most merciful. “And when We wish to destroy a town, We send Our commandment to the people of it who lead easy lives, but they transgress therein; thus the word proves true against it, so We destroy it with utter destruction”. God says the truth. Beware our folks in the dear Arab Muslim Tunisia. Learn and take lessons from former nations (Aad and Tamoud)…The news of the Pharaoh aren’t far from that. When the human being becomes arrogant and sees in the self competency and power which make him change the rules of God in the universe. He begins implementing rules and laws of his own invention which he put to meet his whims. This poor human being was pushed by his evil soul to do things which aren’t his right or of his competency. Then, the God power interferes to bring things back to its natural position. These people are substituted by other people who abide by the order God (And this is not difficult for God). We don’t say that we don’t like the Tunisian people or any other nation to have its civil rights under a civil regime which guarantees the rights of its members in an environment of justice and tolerance. But we don’t see the possibility of seeing this achieved unless the order of God is respected and His laws are implemented.
kamel Posted 2008-06-28
In my opinion,it is not a big isseu that needs to think about. the government of tunisia really must think seriously obout its family code. If Ihave chance to talk to the president I will aske him what is your religious??????????????????????????????????????? it is big shame I'm sorry.
BEN Posted 2008-06-28
Only comedians could clear up this situation. This novel is much like a summer soap opera. The truth is, things are starting to get hot like Harissa in Tunisia. We need some sort of distraction. However, the Tunisian women are crafty ones! They found a quick way to get rid of their suffering and pain, especially when it comes to having their divorce sworn by three times: “You are divorced!”. What is funniest is that they themselves are the ones to count the number of times. This subject is surely going to be dealt with by our greatest comedian, Gad el-Maleh. I am going to protect my own rights, otherwise… Beware of the fatwa! This one in Tunis won’t even be able to be counted. Have a good summer everybody.
hocine Posted 2008-06-28
Hi, This fatwa comes from four imams: Malik, Abou Haniha, Ahmed and Echafi, may God have mercy on them. The only thing left to say is that during the time of Aboubakr, the three pronouncements of divorce were but one pronouncement. This is the fatwa of Ibnou Taymia, and it now offers them problems. Therefore, following the four imams without looking at what has been said elsewhere is pure ignorance. Thus, it is not even up to the four imams who have demanded that we follow the Truth. This is indeed where the disaster of Muslim world lies. This is the door by which a Shiite imam found his way to the king of Iran, who turned Sunni in order to push away the Shiites and force blood upon the Iranians. I hope, madam, that you can go back to your husband because you are just a good person.
هيثم تونس Posted 2008-06-29
Firstly, Tunisia is a Muslim country. Secondly, the Mufti didn’t violate the constitution. He didn’t divorce the lady effectively. He asked her to carry out divorce procedures. He issued a decision according to religion. He left the implementation to the responsibility of individuals. Thank you.
youssef amraoui Posted 2008-06-29
Thank you!
نورس Posted 2008-06-29
Salam alikum. The forbidden matters are clear and the banned are clear. The law of the state or other things have nothing to do with that.
dunede sable Posted 2008-06-29
It seems to me that the Mufti has no authority except the announcement of the appearance of the moon to commence Ramadan. More than that, he has nothing to say and not a damn thing to do with state affairs. As for the Tunisians, they have learned to go to a judge for all civil affairs such as inheritance or even divorce. He was thus interfering in an affair that is nothing but civil. He thus went too far, and, in making such a mistake, the President of the Republic is obliged to dismiss him or to force him peaceful retirement. His state of health is not so good and his television speeches show he is senile. It is indeed time that the state cleans house.
kahin07 Posted 2008-06-30
Secularism is a last defence against the religious and cult indoctrination and alienation. Free thought is the linchpin of our freedom.
هيثم تونس Posted 2008-06-30
The problem is that you are publishing opinions in one direction. This shows that the media plays an important role in burying the truth. Thank you for not publishing my opinion. This is the supreme interest “Burying the opinion of the other”.
Mouja Posted 2008-06-30
Independently from this going-on with the divorce, the first article of the Tunisian constitution stipulates, “Tunisia is a free, independent and sovereign state; its religion is Islam, its language is Arabic and its government is a republic.” What is the point of defining a religion if the state is secular?
Soufiene Posted 2008-07-01
Magharebia; Is it true that the US State Department finances you!? With regards to the Tunisian imam, he gave a religious point of view. Given that it is the judicial body that makes decisions in Tunisia, the imams are not making the laws. But, when someone demands their point of view, they give it to them, and that is all. Don’t go looking to make a mess. This is just ridiculous. Try to do something more useful with the cash you get from the Yankees.
مختار الدبابي Posted 2008-07-04
To say the truth, this is a storm in a reversed cup. Tunisians have no nostalgia for such traditional orders. They are saturated with the values of modernity which were established by the civil status law. Even the people who live in the heart of rural areas know them and think according to its mechanisms. We don’t know who the inventor of this storm is; whether it is the right which want to return from the gate of lying to the Mufti or the Mufti from the gate of media division, or the left whose “new way” was forgotten by the people and it has brought back from the sack of old political tactics the story of Fatwas hoping that it will return even to the intellectuals who lived inside it and ran away to be part of the authority and the people. We know that it is a game which will not influence the openness of Tunisians, their moderation and their respect of law, legislative and legal institutes. Whatever the satellites of dead Fatwas do, they will remain as they are today, always open.
Moez Posted 2008-07-05
I re-read our constitution and it turns out that Tunisia is not a secular state. Where did the author come up with this when he says that our society is secular? No, sir, we are still Muslims.
مواطن من هذا الزمان Posted 2008-07-06
It seems that his honour the Mufti didn’t take some time before issuing the Fatwa. He should have considered the issue from all its sides and contemplated well the reality of religion about which he is making Fatwas: 1- hasn’t he read the second verse of the Divorce Surat “So when they have reached their prescribed time, then retain them with kindness or separate them with kindness, and call to witness two men of justice from among you, and give upright testimony for Allah. With that is admonished he who believes in Allah and the latter day; and whoever is careful of Allah, He will make for him an outlet”. So where is the condition of a testimony in his Fatwa? Isn’t the rule of law a guarantee for the good application of the rules of Shariaa? Or are we going to remain confined forever to obsolete Fatwas? 2- Isn’t obedience to the ruler an obligation? So how could he issue a Fatwa contrary to the order of the ruler? It can be said that law has withdrawn the mandate of divorce from the husband and assigned it to the justice. So the declaration of the husband three times of divorce is vain words which shouldn’t be taken into consideration… God knows.
alidebone Posted 2008-07-07
The civil code and family code must be inspired by Islamic sharia for all Muslims. Be serious, are the people of the Maghreb truly Muslims? Allow me to strongly doubt this. Here, where alcoholic drinks and prostitution are permitted and encouraged, we truly have nothing that is Muslim.
Abou Omar Posted 2008-07-07
Hello, I think that the question is just that simple. Indeed, if you consult a professional— a doctor, a lawyer, an engineer and so on— then he will certainly provide a response that references his rules and norms. A woman asked for the point of view in the Qur'an, sunna and sharia on this subject, not the point of view of the law or a court of ijtihad or even a mufti. Thus, this mufti must respect the duties of his profession just like any other consultant would do when responding and make reference to the sharia. With regards to our civic laws being Islamic or not, I do not think that this woman asked this. Therefore, the response is both brief and clear as it returns to a question that was precise and clear. Returning to the debate the Tunisians are advancing: “What regime should we follow—a secular state, an Islamic state or a modern state?”, the response to this will certainly be controversial. Personally, however, I think that it is the right time to take this question on again and think about it once more— but this time with courage and intellectual openness across the board. There remains one critical point: should we have the people participate in this debate— they are after all the ones who are going to be subjected to this regime to be adopted— or should we leave this up to the milieus of intellectual communities? History shows that all regimes were forced on the people except Islam, which came to reign via some very important steps: the introduction of Islam, definition of its rules and norms and the process of Islam’s daawa. The lesson to take from this intellectual response is that we should get the people to understand all of the philosophy, get them to define their procedures and rules and show each of them their horizons. Then, let the people choose and except with courage their own decision. Bye
ashraf Posted 2008-07-08
My brother, this is the Mufti of our country. May God grant him long life. The most important is that I don’t ask someone who has nothing to do with Tunisia and who insults my country day and night. If you aren’t happy, take out your head. It is ok. Oh Lord preserve for us Tunisia the secularist which refuses to follow Al Saoud, the worst people of Lout. Long live Tunisia. Long live beauty. Let those who are not happy die with jealousy.
karim Posted 2008-07-11
We are very sorry for the fate of our tolerant religion. A man rules with the law of God, and the result is a chaos. By God, by God, by God, if this was from America, they would have welcomed it. I say it again, I am sorry. This is said by a Muslim man. The man has just shown what is inadmissible and what is admissible. The lady can take his opinion or reject it. However, the constitution doesn’t allow what was forbidden by God or ban what was authorized by God.
afaf Posted 2008-08-10
Salam, I think that divorce needs to be granted by the state. The truth is that it should be done in the religion too, but the document signed for the marriage need to be annulled by the state.
eldjebbassi Posted 2008-08-18
First of all, it is necessary to verify the origin of this mati and her husband and find out if they are Muslim or not. The sharia should only apply to practicers alone. I ask for a little respect for our religion. The sharia should only apply to Muslims! -Thank you
fadjr Posted 2008-09-03
“The Fatwa in Tunisia” The fatwa is intended for practicing Muslims. In order to ask for a fatwa, it is necessary to ask the neighbourhood imam and four witnesses as well as the entire mosque congregation to contact Mecca in order to take on the duty. (From the book and the sunnah, God's rule of fatwa as it exists, is adapted for the practicing, not the secular. Keep your lying fatwas for the kufar men and women. In 2008 in Tunisia, they are handing out fatwas.
Boughanmi Radhia Posted 24 days ago
Salam alaikoum and Hello- My dear brothers and sisters, I think that the question is as simple as the civil code and the family code being inspired from the Islamic sharia. The Tunisian will become a Muslim people again. We ask help from God.
farid Posted 4 days ago
Secularism. You think it is okay to play both sides, being a Muslim woman when you want, and then the very next day being a feminist. Stop being such hypocrites.
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