Inequality in all legality

In the Maghreb, Tunisia has always been the leader in women's rights. Those who know the country a little know that it is thanks to the late President Habib Bourguiba that Tunisian women have acquired rights that have freed them from the straitjacket of archaism. 

History will recall that the former resident of the Palace of Carthage had established a Personal Status Code that prohibited a panoply of practices and evils that plagued Tunisian society such as forced marriages and polygamy. It also facilitated divorce procedures for women and now they can not only work but also be financially independent and open a bank account without the authorization of the spouse. Although these rights seem obvious today, this was far from being the case in 1956. These achievements were revolutionary for the time and are still revolutionary in some Arab countries today. No one before Bourguiba had dared to make such reforms, except, of course, Mustafa Kemal Atatürk in Turkey, but little Tunisia is in the forefront in Arab countries. 

Since this important progress, however, things have not changed. There have been successive presidents, and the status of women has gradually returned to an agreed norm. 

Some 60 years later, President Béji Caïd Essebsi wanted to make his mark, something great that would mark his term of office. He ordered a Commission on Individual Liberties and Equality called Colibe, from which he wanted to defend one of the recommendations: equality of inheritance between the two sexes. This is an action that will probably leave its mark on people's minds and on his five-year term! As soon as it was announced, a wave of indignation and strong protests was organized inside and outside the country to counter this bill. Women who would inherit as much as men; it seems a crazy idea not only for men but also, paradoxically, for many women. 

The House needs to be reminded that, in all Muslim countries, inheritance rights are governed by Sharia law and women inherit half of what their brothers inherit. This is an inequality to which the most critical minds have become accustomed and which surprises no one. As a result, women are condemned to ever greater precariousness. 

The bill initiated by Béji Caïd Essebsi caused a reaction even from the highest authority of Sunni Islam. In fact, Al-Azhar did not hesitate to call it a "flagrant violation of the precepts of Islam", a reaction that opened the door to many abuses, and the members of the Colibe commission received not only insults but also death threats. 

However, if we look closely at all the constitutions of the countries that speak out against this egalitarian law, it is clear that they all recognize the equal rights and duties of citizens. It is clear that women are judged like men when they commit crimes or when they do not respect the law. This is also found in Muslim law. So what exactly is it that bothers you when we talk about equality of inheritance as well?  

Maybe in this particular case we shouldn't look for reasons on the religious side - actually, what scares people is that we dare to touch men's money!

Furthermore, the Moroccan researcher on Islam, Asmaa Lamrabet, states that, in the Prophet's time, women received an equal share of the inheritance as men. The question of inheritance was studied at that time, practically on a case-by-case basis. But since then, a lot of water has passed under the bridge, and the Muslim legislator has referred to the only verse in the Koran where the proportion of men is greater than that of women. 

Béji Caïd Essebsi's draft law, which was approved by the Council of Ministers and sent to Members of Parliament for consideration two years ago, has still not seen the light of day. Caïd Essebsi is dead and his stillborn project does not seem to interest his successor. Meanwhile, the inequality between men and women in Tunisia and throughout the Arab world has a bright future ahead of it.