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In , Tunisia issued the law on violence against women. Both Islamists and non-Islamists were in favor of the law, which was adopted with unanimity by the Tunisian Parliament. This article examines the limits of the consensus on this new law and the arguments mobilized in the debates. The Tunisian Personal Status Code, which deviates significantly from Maliki and Hanafi fiqh the normative systems that had henceforth dominated family law in Tunisia is particularly famous.
With this Code, Bourguiba inaugurated a policy of State feminism as well as secularism that would characterize Tunisian rule for decades to come. Under both Bourguiba and Ben Ali, rule was also highly authoritarian, leaving no room for political opponents, such as the Islamist movement Ennahda.
A series of proposals by Ennahda members fuelled this fear. This argument is particularly relevant for Tunisia and neighboring countries: the rise of Islamism upon democratization points to a development where religion and cultural identity have gained importance. The law adopts a wide understanding of violence, including economic and psychological violence, as well as discrimination on the basis of sex.
Both Islamists and non-Islamists were in favor of the law, and Tunisian Parliament adopted it with unanimity. Official documentation consists of parliamentary debates retrieved from Tunisian governmental websites and the website of the Tunisian ngo Marsad. Interviews were conducted during fieldwork carried out before the Tunisian regime change of for a p h d thesis on the application of Tunisian divorce law, and during short research trips after Lastly, it examines the debates in civil society and in parliament, with a particular focus on the religious argument.
Post-independence policy focused on strengthening the nuclear family, with the aim to weaken the powerful extended families and kinship ties Charrad When Ben Ali addressed the issue, he emphasized that gender-based violence was a matter of protecting the nuclear family, rather than protecting women. This was especially true for the Tunisian Islamist movement that Rached Ghannouchi had established in the early seventies. The Code particularly punished sexual violence: it forbade sexual assault and criminalized consensual sex with a girl who had not reached the age of puberty.