Gender And Divorce Law In North Africa

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. Polygamy is banned, for example, and in divorce cases there is gender equality. However, Tunisia's legal system contains many gaps and leaves much room for interpretation. Bearing in mind this importance of the role of Islam in judicial courts, Maaike Voorhoeve investigates whether the more progressive, and ostensibly secular, principles enshrined in Tunisia's Personal Status Code of 1956 are in fact adhered to in divorce cases. And if not, whether judges frequently turn to the Sharia, custom or societal norms as their primary sources of guidance. Through extensive research in the Tunisian courts, Voorhoeve investigates the different types of divorce, the arguments presented to the court and the consequent legal decisions made. She focuses on the role of female judges, testing the assumption that they adjudicate in a more gender-neutral way and examining the impact they have had on Tunisian legal culture and through this, Tunisian society. Gender and Divorce Law in North Africa therefore sheds light on the wide-reaching debate throughout North Africa and the Middle East concerning the role of Islam and Sharia in the public, political, legal and private spheres. This debate, which often pits secularists against Islamists, but is in reality much more nuanced, is key in a variety of fields, including Middle East studies and Islamic law.

The volume serves as reference point for anyone interested in the Middle East and North Africa as well as for those interested in women's rights and family law, generally or in the MENA region. It is the only book covering personal status codes of nearly a dozen countries. It covers Muslim family law in the following Middle East/north African countries: Tunisia, Egypt, Morocco, Algeria, Iraq, Lebanon, Jordan, Israel, Palestine, and Qatar. Some of these countries were heavily affected by the Arab Spring, and some were not. With authors from around the world, each chapter of the book provides a history of personal status law both before and after the revolutionary period. Tunisia emerges as the country that made the most significant progress politically and with respect to women's rights. A decade on from the Arab Spring, across the region there is more evidence of stasis than change.

A wide-ranging analysis of grass-roots activism, migration, legal, political and religious changes as basis for social transformation.

This report provides a comparative overview of the policies affecting women’s participation in public life across the MENA region. It examines the existing barriers to women’s access to public decision-making positions, and provides a cross-country assessment of current instruments and institutions.

Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices

Freedom HouseOs innovative publication WomenOs Rights in the Middle East and North Africa: Progress Amid Resistance analyzes the status of women in the region, with a special focus on the gains and setbacks for womenOs rights since the first edition was released in 2005. The study presents a comparative evaluation of conditions for women in 17 countries and one territory: Algeria, Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine (Palestinian Authority and Israeli-Occupied Territories), Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, and Yemen. The publication identifies the causes and consequences of gender inequality in the Middle East, and provides concrete recommendations for national and international policymakers and implementers. Freedom House is an independent nongovernmental organization that supports democratic change, monitors freedom, and advocates for democracy and human rights. The project has been embraced as a resource not only by international players like the United Nations and the World Bank, but also by regional womenOs rights organizations, individual activists, scholars, and governments worldwide. WomenOs rights in each country are assessed in five key areas: (1) Nondiscrimination and Access to Justice; (2) Autonomy, Security, and Freedom of the Person; (3) Economic Rights and Equal Opportunity; (4) Political Rights and Civic Voice; and (5) Social and Cultural Rights. The methodology is based on the Universal Declaration of Human Rights, and the study results are presented through a set of numerical scores and analytical narrative reports.

The eighteen essays in this volume cover a wide range of material and reevaluate women's studies and Middle Eastern studies, Muslim women and the Shari'a courts, the Ottoman household, Dhimmi communities, children and family law, morality, and violence.

This concise, content-rich volume provides an overview of women's roles in the Middle East and North Africa from the advent of Islam to the present. Recent research shows that women in the Middle East and North Africa have played much larger roles in society than previously acknowledged. Women's Roles in the Middle East and North Africa explores these roles from both historical and contemporary perspectives, describing and analyzing the lives of women in the regions from the advent of Islam through contemporary times. The book begins with an introduction that examines the pre-Islamic Middle East and North Africa. The balance of the chapters are organized thematically and provide detailed country studies for 19 nations. Chapters discuss work, law, religion, family, politics, and culture, exploring the changes women have undergone over a period of roughly 1,500 years.