Gender and Divorce Law in North Africa: Sharia, Custom and the Personal Status Code in Tunisia

ISBN-13: 9781780765297 / Angielski / Twarda / 2014 / 352 str.

Maaike Voorhoeve

Opis

Personal status laws remain a highly politicized area of debate in the Middle East, as the arena in which the contentious issues of women's rights, religion and minority groups meet. This is especially so when it comes to divorce. In Tunisia, with the moderate Islamist party Ennahda winning the first elections following the 2011 revolution, questions of religion in public life have gained greater primacy. The country is often hailed for its progressive personal status code, seen as an exception to the practice in many other Muslim countries. However, the legal system contains many gaps and leaves much room for interpretation.
Maaike Voorhoeve investigates whether the ostensibly secular principles enshrined in Tunisia's legislation are in fact implemented in divorce cases, or whether judges frequently turn to custom or Sharia as their primary sources of guidance. Gender and Divorce Law in North Africa therefore sheds light on the wide-reaching debate concerning the role of Islam and Sharia in the public, political, legal and private spheres.

Spis treści

Preface Introduction Chapter 1: The Background of the Debate in Tunisian Doctrine Chapter 2: The Divorce Procedure Chapter 3: Divorce by Mutual Consent Chapter 4: Divorce without Grounds Chapter 5: Divorce for Harm on the Grounds of Domestic Violence Chapter 6: Divorce for Harm on the Grounds of Non-Payment of Maintenance Chapter 7: Divorce for Harm on the Grounds of the Abandonment of the Marital Home Chapter 8: Divorce for Harm on the Grounds of Adultery Chapter 9: Divorce for Harm on Other Grounds Chapter 10: The Consequences of Divorce when Children are Involved: Custody and Visiting Rights Chapter 11: The Consequences of Divorce when Children are Involved: Child Maintenance and Housing Conclusion