Tunisians commemorate August 13 as the anniversary of the issuance of the Personal Status Code in 1956, signed by the first President Habib Bourguiba. Many consider it Women’s Liberation Day, though questions arise about liberation from what oppression. The law brought profound changes in family relationships after forty years, encouraged by some feminists pushing wives to rebel against their husbands. Today, Tunisia and many Arab and Islamic countries face a cultural struggle between authentic Islamic values and Western Christian values promoted by massive media propaganda. The Personal Status Code, intended to protect the family, has had serious negative effects after sixty years, with courts overwhelmed by divorce cases, family breakdowns, and children suffering. There are calls to amend the law by forming an independent national body of sociologists, legal experts, religious scholars, and family judges to discuss necessary reforms.
Controversy surrounds Article 23, which establishes the husband as head of the family, conflicting with constitutional equality. The law was drafted with contributions from religious and legal scholars and was part of Bourguiba’s vision to modernize Tunisia. However, economic difficulties, globalization, and cultural challenges have hindered progress, leading to social fragmentation and political challenges in Tunisia and the region.
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