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Family law (tn)

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Tunisia


Within the Arabic and Islamic world, Tunisia is the most developed country in the field of juridical modernity. Three years before adopting its constitution on June 1st,1959, Tunisia experienced a genuine revolution ( not only in the arabic or islamic world but even if in the world) when former president Habib Ben Ali Bourguiba(1903-2000) made the bey adopt the Code du statut personnel (Majallat El Ahwal Ecchakhssia).Tunisian were very attached to this Code and consisder it their constitution. The most important provisions of this status book were:

  • The ban on polygamy ( prov. 18 )
  • The free and mutual consent of spouse for marriage ( prov. 22)
  • The repeal of repudiation and the institutionalization of judicial divorce (prov.30)
  • Some reforms of the inheritance law, except for the division of/share between brother and sister

In 1958 and dispite its prohibition by the Islamic law and following the same impetus Bourguiba had the statute order on adoption. Other reforms were introduced in this field such as providing for a divorce woman's allowance ( July 1993), The granting of Tunisian nationality through a Tunisian mother to a child born abroad of a foreigner father (October 18, 1998)

Bibliography

Kritzer, Herbert M, Legal systems of the World, Santa Barbara (Calif.) ; Denver (Colo.) ; Oxford, 4 vol. 2002, (1883 p.) ISBN 1576072312


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